HomeMy WebLinkAbout20220103 - CC PacketSign up to receive automatic notification of Council agendas
At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, January 3, 2022 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
V. APPROVAL OF MINUTES
Approve Minutes of the City Council regular meeting and workshop on December 20,
2021.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
VII. COUNCIL ITEMS TO BE CONSIDERED
VIII. CONSENT AGENDA
The items on the Consent Agenda are items of routine nature or no perceived controversy to be
acted upon by the City Council in a single motion. There will be no discussion on these items
unless a Councilmember so requests, in which event the items will be removed from the Consent
Agenda to the appropriate Department for discussion.
1. Pay Bills as Audited
2. Resolution Acceptance and Appreciation of a Donation for the Parks & Recreation
Department from Saros, Hagen and Seleskie
3. Approve Access Agreement for Business Associate between Expert T Billing and
EpicCare Link
4. Resolution: Approve a Temporary One-Day Gambling Permit for the Knights of
Columbus
5. Resolution: Approve a Temporary One-Day Gambling Permit for River City Rhythm
6. Resolution: Authorizing Participation in National Opioids Settlement
7. Approve 2022-2023 Sergeants Unit Local #462 union contract
8. Declare Surplus Property and Authorize Sale: Police Department
9. Resolution Acceptance and Appreciation of a Donation for the Police Department
from Arlan and Vicky Baukol
10. Resolution Approve 2022-2023 Commercial Waste Hauler License Renewals
11. Resolution: Approve Annual Banking Depository
12. Resolution: Approve Electronic Funds Transfer Transactions
13. Approve Arts Task Force Appointments
14. Resolution Approve 2022 Massage Therapy License Renewal for Ann Streeter
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public
hearing is closed, no further testimony is typically allowed and the Council will deliberate
amongst itself and with staff and/or applicant on potential action by the Council.
X. REPORTS FROM CITY STAFF
Sign up to receive automatic notification of Council agendas
At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
These items are intended primarily for Council discussion and action. It is up to the discretion of
the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
B. Parks and Recreation
C. Community Development
1. Resolution: Adopt 2022 CDBG Budget
D. Public Safety
E. Administration
1. OSHA Vaccine and Testing Requirement
2. Community Investment Fund
3. Arts Task Force Liaison
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Tuesday, January 18, 2022 7:00 p.m.
Sign up to receive automatic notification of Council agendas
At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
Hastings, Minnesota
City Council Meeting Minutes
December 20, 2021
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, December 20,
2021 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld Lund and Vaughan
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Korine Land
Community Development Director John Hinzman
Recognition of Milestone Employees
Recognition of Outgoing Commissioners
Planning Commissioner Emily King
HEDRA Commissioner Dennis Peine
Dakota County Update, Commissioner Mike Slavik
Commissioner Slavik gave an annual update on the county budget and highlights for the upcoming year.
Pleasant Hill Library Update, Julia Carlis
Branch Manager Carlis provided a review of the responsiveness of the Pleasant Hill Library during the
pandemic and outlined library activities for the upcoming year.
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council
regular and workshop meetings on December 6, 2021.
Minutes were approved as presented.
Consent Agenda
1. Pay Bills as Audited
Sign up to receive automatic notification of Council agendas
At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
2. Approve Ice Rental Agreement
3. Clarification of 2022 Budget Memo
4. Write-off Uncollectable EMS Bills
5. Reappoint Planning Commissioners Messina, Romens, and Teiken
6. Appoint Planning Commissioner Bryce LeBrun
7. Appoint HEDRA Commissioner Trevor Johnson
8. Reappoint Heritage Preservation Commissioners Simacek and Youngren and Appoint Heritage
Preservation Commissioner Krista Peterson
9. Reappoint Parks & Recreation Commissioners Santelman and Karnick
10. Resolution No. 12-08-21 Call for Public Hearing: Tax Increment Finance District No. 9
11. Resolution No. 12-09-21 Approve 2022 Massage Therapist License Renewals
12. Resolution No. 12-10-21 Approve 2022-2023 Commercial Waste Hauler License Renewals
13. Resolution No. 12-11-21 Adopt Election Polling Places
14. Resolution No. 12-12-21 Declaring Insurance Liability Coverage
15. Resolution No. 12-13-21 Designation of Official Newspaper
16. Resolution No. 12-14-21 Approve Final Payment – 2021 Neighborhood Infrastructure
Improvements ($179,578.79) McNamara Contracting, Inc.
17. Approve Criminal Justice Network (CJN) Joint Powers Agreement
Councilmember Lund motioned to approve as presented, seconded by Councilmember Braucks. Ayes
7; Nays 0.
Public Hearing, 2nd Reading Amend City Code Chapter 34: Fees
Wietecha reviewed the City fee changes presented at the December 6, 2021 City Council meeting. He
noted the fee adjustments were a result of the Utility Rate review done in 2020. The staff recommended
increases of 3.5% in water rates, 1% in sewer rates, and 4% in storm water rates. Consistent rates will support
funding infrastructure improvements and other large projects. Additionally, there are proposed fee increases in
ambulance fees, safety inspection fees, fire extinguisher training, aquatics and arena fees, and water meters.
Mayor Fasbender opened the public hearing at 8:05 p.m. and hearing no comments closed the public
hearing.
Council discussion on a communication plan to residents about how they can control their costs,
especially with water usage.
Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Lund. Ayes
7; Nays 0.
Resolution No. 12-15-21 Acceptance and Appreciation of Donation from Tecla Karpen Estate
Wietecha described the generous donation from the Tecla Karpen Estate to the Parks and Recreation
Department for conservation and management of natural resources within the Mississippi River Corridor and
Vermillion River Watershed. We had considered using the funds to obtain a parcel of land that bordered Lake
Rebecca Park. Flint Hills Resources owns the land and is instead in the process to donate the parcel of land to
the City. The City has applied for a grant for enhancements to Lake Rebecca Park and these funds could
supplement that grant, if awarded.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. Ayes 7;
Nays 0.
Sign up to receive automatic notification of Council agendas
At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
Mayor and City Council Wages
Wietecha indicated that this is not an action item at this time. A public hearing was ordered at the
December 6 meeting, but a publication deadline was missed. He indicated that review of Mayor and City
Council wages could be incorporated, at no additional cost, into the upcoming Compensation and
Classification Study.
Council discussion in support of incorporating Mayor and City Council wages as part of the
Compensation and Classification Study.
Mayor Fasbender and Councilmembers made the following announcements:
Announcements
• Santa will accompany the Hastings Police Department as they drive through town in the decorated
command vehicle, following the addresses in the Show us How You Shine holiday lights display. The
parade will leave City Hall at 6 pm on Wednesday, December 22.
• Recycle your old lights with the Hastings Holiday Lights Drop Off Collection. Residents can drop-off their
unwanted light strands at the Joint Maintenance Facility, 920 – 10th Street West, during the holiday season
from December 1 to February 1
• City Offices will be closed Friday, December 24, and Friday, December 31.
• I wish everybody a happy and safe holiday season.
Meetings
• Finance Committee on Tuesday, Dec. 21, 2021 at 5:00 pm
• Heritage Preservation Commission on Tuesday, Dec. 21, 2021 cancelled
• Planning Commission on Monday, Dec. 27, 2021 at 7:00 pm
• City Council workshop meeting on Monday, Jan. 3, 2022 at 5:30 pm
• City Council meeting on Monday, Jan. 3, 2022 at 7:00 pm
Councilmember Folch motioned to adjourn the meeting at 8:17 p.m., seconded by Councilmember
Lund. Ayes 7; Nays 0.
____________________________ ______________________________
Mary Fasbender, Mayor Kelly Murtaugh, City Clerk
Hastings, Minnesota
City Council Workshop
December 20, 2021
The City Council of the City of Hastings, Minnesota met in a workshop on Monday,
December 20, 2021 at 5:30 p.m. in the Community Room at the Hastings City Hall, 101 East 4th
Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Leifeld, Lund,
Vaughan
Members Absent: Councilmember Fox
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
Community Development Director John Hinzman
Economic Development Coordinator Eric Maass
Guests: Commissioner Mike Slavik, Dakota County; Chair, CDA Board of
Commissioners
Tony Schertler, Executive Director, CDA
Mayor Fasbender called the workshop to order at 5:32 p.m.
Commissioner Slavik opened the workshop with introductions and an overview of the Dakota
County Community Development Agency (CDA). Executive Director Schertler provided an
overview of the services provided and philosophy guiding the work of the CDA.
Commissioner Slavik provided an overview of the rental prices and availability in Hastings.
Even as the cost of ownership has increased, Hastings is one of the most affordable cities in
which to rent or own in Dakota County. Schertler described the types of properties owned and
managed by the CDA and who they serve.
Council discussion how funds are retained to maintain the units for the long term and
reinvestment into preserving existing units as well as invest new units. Question on first time
homebuyer program sunsetting due to strong state program. Council discussion on the amount of
land needed for projects and if rehab of existing homes is in the scope of the agency’s work.
Schertler indicated that the CDA would be open to conversation with the City to partner on near
future projects. CDA has means to purchase land when it becomes available. Workforce
development is key in this process. Council discussion on addressing the various needs of
families, attracting industry and workforce, and homeless populations.
Council supports conversations continuing to move forward with the staff and invite the CDA to
return in 6 months to discuss economic development.
The Workshop adjourned at 6:53 p.m.
_________________________________ ______________________________
Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang – Accountant
Date: 12/30/2021
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of November 2021 CC payments.
Council review of weekly routine disbursements issued 12/28/2021.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
01/04/2022.
Background Information:
Disbursements for routine items are made weekly. Disbursements for capital purchases and employee
reimbursements are made twice a month, subsequent to Council approval.
Financial Impact:
November 2021 CC Payments $ 20,233.28
Disbursement checks, EFT issued on 12/28/2021 $ 156,409.08
Disbursement checks, EFT to be issued on 01/04/2022 $ 111,055.30
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
VIII-01
Date Name Amount Account Description
11/20/2021 Vzwrlss My Vz Vb P 35.01 101-105-1051-6321 Verizon Air cards
10/30/2021 Natl Stdnt Clearinghou 17.95 101-107-1052-6319 Education verification for IT Manager candidate
11/10/2021 Emilys Bakery And Deli 86.00 101-107-1061-6450 40 Cookies with Raiders Logo for Capital Investment Committee Bonding Request Visit
11/20/2021 Vzwrlss My Vz Vb P 35.01 101-107-1071-6321 Verizon Air cards
10/28/2021 Sherwin Williams 70301 8.75 101-140-1404-6350 sheetrock plaster
11/03/2021 Golden Valley Supply C 469.40 101-140-1404-6353 city hall equipment repair
11/08/2021 Eig Constantcontact.Co 19.00 101-160-1061-6310 Monthly Constant Contact Invoice-email marketing tool
11/03/2021 Socialpilot 150.00 101-160-1061-6310 Social media tool for scheduling posts across channels. Includes metrics
11/03/2021 Bestbuycom806514357090 17.99 101-160-1601-6217 Replacement wireless mouse Jhinzman
10/29/2021 Comcast St. Paul 84.90 101-160-1601-6308 cable
11/04/2021 Cdw Govt #n140897 12.61 101-160-1601-6353 Replace shorted cradlepoint power cable FD ladder
10/27/2021 Amzn Mktp US G87h86l83 248.75 101-160-1601-6353 Receipt printer for parks, old ones unsupported on activenet
11/01/2021 Ebay O 02-07811-56153 249.00 101-160-1601-6353 3 of 4 Epson receipt printers for new parks payment system
11/02/2021 Walmart.Com Aa 275.00 101-160-1601-6353 4 of 4 Epson receipt printers for new parks payment system
10/29/2021 Emilys Bakery And Deli 25.95 101-201-2010-6217 Cake for going departing employee
11/17/2021 Barron County Waste To 100.00 101-201-2010-6311 Evidence Burn - Barron County, WI
10/28/2021 Uline Ship Supplies 288.02 101-201-2010-6311 Boxes and packaging for Evidence Room
11/20/2021 Vzwrlss My Vz Vb P 748.94 101-201-2010-6321 Verizon Air cards
11/10/2021 Usps Po 2642300046 7.38 101-201-2010-6322 Postage for certified mail - 20-000090
11/22/2021 Marie Ridgeway Licsw, 25.00 101-201-2010-6323 Training - Wilske - Agency Wellness for Public Safety Administrators
11/02/2021 Bca Training Education 75.00 101-201-2010-6323 I used my card to pay for Officer Weid's BCA DMT recertification class.
11/04/2021 Courtyard St. Cloud 638.58 101-201-2010-6323 Hotel for Mn Chief's of Police - Wilske
11/04/2021 Courtyard St. Cloud 652.11 101-201-2010-6323 MN Chiefs Conference - Cmdr. Schowalter's room
11/04/2021 Courtyard St. Cloud 666.96 101-201-2010-6323 MN Chiefs Conference - Chief Schafer room
11/03/2021 Secretary Of State 120.00 101-201-2010-6433 Notary Renewal Fee - Belisle
10/22/2021 Ebay O 12-07763-70457 29.53 101-201-2010-6450 personal- purchased in error
11/04/2021 Wm Supercenter #1472 32.01 101-201-2019-6230 Weapon light batteries
11/14/2021 Petsmart #3221 91.26 101-201-2219-6231 nov 2021 dog food from pets smart
11/20/2021 Vzwrlss My Vz Vb P 145.04 101-230-2301-2015 Verizon Air cards
11/08/2021 Department Of Labor An 2,724.97 101-230-2301-2015 Bldg Permit Surcharge
11/01/2021 Iapmo 85.00 101-230-2301-6323 Iapmo Code material
11/03/2021 Iapmo 187.47 101-230-2301-6323 plumbing code books
11/05/2021 Eb 2018 Ibc Apartment 250.00 101-230-2301-6323 2021 Fall seminar 10K
11/08/2021 Wild Graphix 70.00 101-230-2301-6354 Vinyl decals for NEw pickup
11/01/2021 Amazon.Com 424ht5o83 A 72.94 101-230-2301-6354 This belongs to GL code 703-600-6006-6540 I do not have access to this code
11/12/2021 Got Brakes 122.87 101-230-2301-6354 BST 2 oil change-service
10/29/2021 Amzn Mktp US I50yl1z13 478.88 101-230-2301-6354 This belongs to GL code 703-600-6006-6540 I do not have access to this code
11/16/2021 Nfpa Natl Fire Protect 9.99 101-230-2301-6433 Monthly NFPA
10/29/2021 U Of M Bkstrs Website 63.01 101-230-2301-6433 manual
11/09/2021 Amzn Mktp US Ne45b34b3 44.96 101-240-2020-6450 saw fall wellness challenge incentives
11/08/2021 Dakota Pines Golf Club 700.00 101-240-2020-6450 SAW day lunch
11/20/2021 Vzwrlss My Vz Vb P 35.01 101-300-3100-6321 Verizon Air cards
11/23/2021 American Public Works 100.00 101-300-3100-6323 Principles of Public Works Class with Ryan
10/28/2021 U Of M Contlearning 120.00 101-300-3100-6323 EC Certification - Construction Site Manager
11/19/2021 Amzn Mktp US S744d5893 23.39 101-301-3200-6353 Blades
11/20/2021 Amzn Mktp US 8719t1bt3 27.01 101-301-3200-6353 Blades
11/17/2021 Rock Auto 639.78 101-301-3200-6353 Catalytic Converter
11/03/2021 Tennis Sanitation Llc 139.33 101-401-5001-6311 Recycle/garbage
11/23/2021 Wal-Mart #1472 95.22 200-401-4440-6214 candy cane hunt supplies
11/24/2021 Amzn Mktp US Z31xa6ao3 125.99 200-401-4440-6214 party wagon supplies
11/18/2021 Menards Cottage Grove 380.25 200-401-4440-6240 tools
11/20/2021 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air cards
11/09/2021 Airport Limousine Serv 207.00 200-401-4440-6323 airport transfer for paige in WV for event management classes
11/02/2021 Delta 00624826843863 248.80 200-401-4440-6323 flight for paiges event management school
11/02/2021 Oglebay Resrt Online 1,008.30 200-401-4440-6323 event management school tuition and boarding for paige
11/23/2021 Wal-Mart #1472 54.52 200-401-4440-6356 bins for parks supplies
11/17/2021 Dunkin #356942 53.59 200-401-4460-6450 youth impact council meeting food
10/28/2021 Wal-Mart #1472 135.32 200-401-4460-6494 supplies for community halloween party
10/29/2021 Green Mill Restaurant 281.49 200-401-4460-6494 pizza for youth impact council volunteers for community halloween party
10/29/2021 Pizza Hut 039341 282.13 200-401-4460-6494 Pizza for Community Halloween Party
10/29/2021 Pizza Hut 039341 282.13 200-401-4460-6494 Pizza for Community Halloween Party
11/22/2021 Amzn Mktp US Ha9tj0jc3 28.86 213-210-2100-6211 Station cleaning supplies
11/24/2021 Amazon.Com Ts2tz9h83 A 323.91 213-210-2100-6211 Station cleaning supplies
11/12/2021 Kwik Trip 24900002493 26.05 213-210-2100-6212 Fuel for small engines
11/20/2021 Vzwrlss My Vz Vb P 420.12 213-210-2100-6321 Verizon Air cards
11/04/2021 Usps Po 2642300046 7.38 213-210-2100-6322 Postage for mailing certified return receipt letter.
11/14/2021 Uber Trip 7.18 213-210-2100-6323 Uber charge during conference
11/10/2021 Uber Trip 7.79 213-210-2100-6323 Uber charge at conference
11/14/2021 Uber Trip 35.94 213-210-2100-6323 Uber charge during conference
11/10/2021 Uber Trip 38.99 213-210-2100-6323 Uber charge during conference
10/28/2021 Intl Assoc Of Fire Ch 530.00 213-210-2100-6323 IAFC Conference Registration Fee
10/29/2021 Suncntry Ebk2vk 770.80 213-210-2100-6323 Airfare for IAFC conference
11/14/2021 Holiday Inn & Suites 1,159.38 213-210-2100-6323 Lodging for conference
10/28/2021 Intl Assoc Of Fire Ch 240.00 213-210-2100-6433 IAFC Membership Fee
11/14/2021 J2 Efax Corporate Svc 89.95 213-220-2200-6433 Usage fee for faxing EMS reports to receiving hospitals.
11/25/2021 National Registry Emt 375.00 213-220-2200-6433 Recertification for EMT's and Paramedics
10/22/2021 Ebay O 12-07763-70457 -29.53 221-201-2021-6450 Used Credit Card in error. Reimbursed the city on 11/16/2021 Check #9708.
10/22/2021 Ebay O 12-07763-70457 -29.53 221-201-2021-6450 Credit Card used in error. Reimbursed the city on 11/16/2021 Check #9708
11/10/2021 Economic Development A 20.00 407-180-1502-6323 Economic Dev Assoc of MN Seminar - Hinzman and Maass
11/12/2021 In Schlomkas Portabl 498.00 407-180-1502-6323 COVID - Downtown Portable Toilet and Handwash
10/29/2021 At-A-Glance Us 37.56 600-300-3300-6217 Monthly Planner / Calendar
11/20/2021 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air cards
11/20/2021 Vzwrlss My Vz Vb P 215.06 600-300-3300-6321 Verizon Air cards
11/16/2021 Amazon.Com Od4vp68v3 A 50.28 600-300-3300-6357 Trash bags
11/19/2021 Howies Hockey Inc -37.50 615-401-4103-6210 Credit for return
11/18/2021 Howies Hockey Inc 390.86 615-401-4103-6210 Pro shop supplies
11/23/2021 Supplyhouse.Com 492.60 615-401-4103-6350 Parts for HS locker room water heater
11/15/2021 Ss/Smc 49.60 615-401-4103-6353 Scrubber Parts
20,233.28
November 2021 CC Charges
VIII-01
12-29-2021 12:43 AM Council Report DEC 28 PYMTS, 2021 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
ADMINISTRATION GENERAL GRAPHIC DESIGN FACT SHEETS 89.00
HWY 316 REOPENING BOARDS 133.00_
TOTAL: 222.00
CITY CLERK GENERAL GRAPHIC DESIGN WINTER RIVERTOWN NEWSLETTE 3,447.32_
TOTAL: 3,447.32
LEGAL GENERAL RATWIK, ROSZAK & MALONEY, P.A. NOV 21 LEGAL SERVICES 210.60
LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 2,250.00
LEGAL FEES 15.00
LEGAL FEES 360.00
LEGAL FEES 633.00_
TOTAL: 3,468.60
FACILITY MANAGEMENT GENERAL MILLER DUNWIDDIE ARCHITECTURE, INC OCT SVC-CH ARCH/MECH PREDE 8,274.95
NOV SVC-CH ARCH/MECH PREDE 433.49
DALCO FM 1,188.28
ELECTRO WATCHMAN, INC CH 12,209.84
CH 161.67
PD 9,891.96
PD 320.00
TERRYS HARDWARE, INC. CH 1.44_
TOTAL: 32,481.63
I.T. GENERAL DAKOTA COUNTY FINANCIAL SERVICES DEC 2021 IT SERVER LEASE 250.00
GRAPHIC DESIGN HOKSTAD BUSINESS CARDS 81.00_
TOTAL: 331.00
POLICE GENERAL DAKOTA COMMUNICATIONS CENTER DCC FEE 2022 JAN 27,794.00
DAKOTA COUNTY TREASURER-AUDITOR NOV 21 RADIO FEES 1,703.09
DAKOTA COUNTY FINANCIAL SERVICES NOV 21 FLEET MAINTENANCE 1,483.97
ENTERPRISE FM TRUST ENTERPRISE FM TRUST 322.24
ENTERPRISE FM TRUST 305.11
ENTERPRISE FM TRUST 295.83
ENTERPRISE FM TRUST 421.30
ENTERPRISE FM TRUST 371.51
ENTERPRISE FM TRUST 442.97
NORTHWESTERN UNIVERSITY STAFF AND COMMAND GRADUATI 72.00_
TOTAL: 33,212.02
SAFETY GENERAL TAPROOT LLC / THE ONION GRILLE LUNCHEON FOR CHRISTMAS PAR 1,112.39_
TOTAL: 1,112.39
PUBLIC WORKS STREETS GENERAL CUSTOM SAWDUST LLC JAN 2022 BLDG RENTAL 3,650.00_
TOTAL: 3,650.00
PUBLIC WORKS STR. LIGH GENERAL MN DEPT OF TRANSPORTATION TRAFFIC SIGNAL, PARTS 3,867.45_
TOTAL: 3,867.45
PARKS & RECREATION GENERAL GERLACH OUTDOOR POWER EQUIP CHAIN 58.41_
TOTAL: 58.41
NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 743 GALS DIESEL 2,062.80
91 GALS DIESEL 274.78
681 GALS GAS 1,891.84_
TOTAL: 4,229.42
VIII-01
12-29-2021 12:43 AM Council Report DEC 28 PYMTS, 2021 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF FIRST AID SUPPLIES 95.52
AA AUTO TECHNICIANS, INC. TIRE REPAIRS TRUCK 105.00
MIDWEST ELECTRICAL CONSTRUCTION LEVEE LIGHTS REPAIR 735.00
REMOVE LIONS LIGHT 210.00
BAUER BUILT INC WINTER SKID TIRES 522.21
HOMETOWN ACE HARDWARE LOCKS 39.03
GARDEN HOSE 37.19
SMALL TOOLS 53.91
ENTERPRISE FM TRUST ENTERPRISE FM TRUST 456.05
G.L. BERG ENTERTAINMENT SHERLOCK - PERFORMANCE IN 1,250.00
DUELLY - MUSIC IN PARK 1,500.00
THE BUBBLER - SUMMER KICK 750.00
DIVAS - MUSIC IN PARK 1,500.00
NAPA AUTO PARTS ANTI-FREEZE 17.98
BLADES / WASHER FLUID 28.89
DALCO TP AND PAPER TOWELS 544.72
NIEBUR TRACTOR & EQUIPMENT, INC. BACK PACK BLOWER 659.99
LINDE GAS & EQUIPMENT INC. AIR & ACETYLENE TANKS 202.15
PRECISION LANDSCAPING & CONSTRUCTION 61 MEDIAN MAINT 5,250.00
WINTER POTS DOWNTOWN 5,460.00
HANGING BASKETS MAINT 7,020.00
TERRYS HARDWARE, INC. MISC SUPPLIES 41.56
NAIL GUN 275.37
GLUE 7.94
BRUSH 11.58_
TOTAL: 26,774.09
FIRE FIRE & AMBULANCE DAKOTA COMMUNICATIONS CENTER DCC FEE 2022 JAN 13,897.00
DAKOTA COUNTY TREASURER-AUDITOR NOV 21 RADIO FEES 1,213.16
ROYAL TIRE INC. UTILITY 1 TIRES 575.32
CUMMINS SALES & SERVICE ENGINE 4 REPAIR 4,200.16
HEALTH STRATEGIES ERICKSON PHYSICAL 394.00
ASPEN MILLS PINS FOR UNIFORMS 489.90
CARLSON AUTO TRUCK INC. UTILITY 1 REPAIR 49.07
DIVERSIFIED INSPECTIONS/ITL TESTING LA GROUND LADDER SAFETY INSPE 855.16
TERRYS HARDWARE, INC. BLADE SHARPENING 8.70_
TOTAL: 21,682.47
AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 82.69
TELEFLEX LLC MEDICAL SUPPLIES 562.50
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 474.46
MEDICAL SUPPLIES 115.76
MEDICAL SUPPLIES 569.50
MISCELLANEOUS V RICHARD HERRMANN RICHARD HERRMANN: AMB RFD 225.00
LINDE GAS & EQUIPMENT INC. OXYGEN 160.07
ZOLL MEDICAL CORP MEDICAL SUPPLIES 178.92_
TOTAL: 2,368.90
LEDUC LEDUC HISTORIC EST TERRYS HARDWARE, INC. SOFTNER SALT 12.74_
TOTAL: 12.74
ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 427.50
LEGAL FEES 1,740.50
LEGAL FEES 165.00
LEGAL FEES 171.00
LEGAL FEES 642.00
VIII-01
12-29-2021 12:43 AM Council Report DEC 28 PYMTS, 2021 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
ANDERSON ENGINEERING OF MN LLC 410-412 VERMILLION ST SURV 6,488.00
DAKOTA COUNTY ABSTRACT RIVER CITY INVESTMENTS 775.00_
TOTAL: 10,409.00
NON-DEPARTMENTAL WATER MISCELLANEOUS V DEITZ, ERIK 01-309000-03 25.44
WAGNER, CYNTHIA L 03-168000-01 25.83
ROTHER, ROGER 10-106000-02 77.55
SADOWSKI, MIKE 10-378000-02 143.31
CHRISTIANSON, ZACHAR 10-429000-03 150.00
GUILD, JOHN/JENNIFER 14-122000-05 6.03
ALLEN, JOHN/BARBARA 16-219000-02 12.87_
TOTAL: 441.03
PUBLIC WORKS WATER CORE & MAIN LP MAIN VLV RBR URETHANE 379.96
ADVANCED ENGINEERING & ENVIRONMENTAL S AWIA RRA/ ERP 426.50
LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 585.00
ANDERSEN, EARL F. FLAGS 148.45
MN DEPARTMENT OF HEALTH MCNAMARA - WATER LICENSE 23.00_
TOTAL: 1,562.91
PARKS & RECREATION ARENA USS MN V MT LLC SUNSCRIPTION - SOLAR GARDE 4,213.09
GOLD MEDAL PRODUCTS CO. CONCESSION SUPPLIES 144.75
DALCO CLEANING SUPPLIES 135.50
HILLYARD INC CLEANING SUPPLIES 180.94
R & R SPECIALTIES, INC. BLADE SHARPENING 110.00
SYSCO, MINNESOTA CONCESSION SUPPLIES 1,003.16
TERRYS HARDWARE, INC. CONCESSION ITEMS 14.26_
TOTAL: 5,801.70
NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. LEGAL FEES 225.50
LEGAL FEES 1,050.50_
TOTAL: 1,276.00
=============== FUND TOTALS ================
101 GENERAL 81,850.82
200 PARKS 31,003.51
213 FIRE & AMBULANCE 24,051.37
220 LEDUC HISTORIC ESTATE 12.74
407 HEDRA 10,409.00
600 WATER 2,003.94
615 ARENA 5,801.70
807 ESCROW - DEV/ENG/TIF-HRA 1,276.00
--------------------------------------------
GRAND TOTAL: 156,409.08
--------------------------------------------
TOTAL PAGES: 3
VIII-01
12-30-2021 11:14 AM Council Report JAN 04 PYMTS, 2022 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 2,223.92
JAN 2022 DENTAL PREMIUM 172.44
HASTINGS AREA CHAMBER/COM NOV 21 LODGING TAX 3,618.99_
TOTAL: 6,015.35
COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.06_
TOTAL: 8.06
ADMINISTRATION GENERAL CENTURY LINK PHONES 167.26_
TOTAL: 167.26
CITY CLERK GENERAL CENTURY LINK PHONES 24.18
VITAL WORKLIFE 2022 EAP SERVICES 3,194.40_
TOTAL: 3,218.58
FINANCE GENERAL CENTURY LINK PHONES 64.48_
TOTAL: 64.48
FACILITY MANAGEMENT GENERAL CENTURY LINK PHONES 110.84
RECYCLE TECHNOLOGIES INC FM 269.23
DALCO FM 124.44_
TOTAL: 504.51
COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 24.18_
TOTAL: 24.18
I.T. GENERAL COMCAST 8772 10 574 0250374 CABLE 84.90
CENTURY LINK PHONES 24.18
CENTURY LINK #612-E10-0514-020 911 88.68
DAKOTA COUNTY FINANCIAL SERVICES DBB 4TH Q FEES 3,882.35_
TOTAL: 4,080.11
POLICE GENERAL CENTURY LINK PHONES 184.39
SHRED RIGHT SHREDDING 15.00
TROPHIES PLUS RETIREMENT PLAQUE - PEDERS 52.00
BLAKE NOSAL NOSAL - BOOTS 159.99
DAKOTA COUNTY TREAS-AUDITOR NOV 2021 FUEL 3,059.11_
TOTAL: 3,470.49
BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 40.30
PHONES 8.06
DAKOTA COUNTY TREAS-AUDITOR NOV 2021 FUEL 199.69_
TOTAL: 248.05
PUBLIC WORKS GENERAL CENTURY LINK PHONES 40.30
FOCUS ENGINEERING, INC. DEC 2021 TH 316 STUDY 495.79
DEC 2021 CSAH 46 STUDY 406.80
DEC PROFESSIONAL SERVICES 4,474.80
DEC 2021 TH 316 STUDY 139.84_
TOTAL: 5,557.53
PUBLIC WORKS STREETS GENERAL CENTURY LINK PHONES 137.52
FOCUS ENGINEERING, INC. DEC 2021 TH 316 STUDY 220.35
DEC 2021 CSAH 46 STUDY 180.80
DEC PROFESSIONAL SERVICES 1,988.80
DEC 2021 TH 316 STUDY 62.15
VIII-01
12-30-2021 11:14 AM Council Report JAN 04 PYMTS, 2022 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PW COLD STORAGE BUILDING 1,327.75
DAKOTA COUNTY TREAS-AUDITOR NOV 2021 FUEL 3,575.25_
TOTAL: 7,492.62
PUBLIC WORKS STR. LIGH GENERAL CENTURY LINK LEVEE PARK BROADBANK 142.91_
TOTAL: 142.91
PARKS & RECREATION GENERAL CERTIFIED RECYCLING LLC MATTRESS DONATION DRIVE 490.00
RAINBOW TREE CO. EAB KILLER 2,337.00_
TOTAL: 2,827.00
NON-DEPARTMENTAL PARKS DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 578.43_
TOTAL: 578.43
PARKS & RECREATION PARKS SCHLOMKA'S PORTABLE RESTROOMS & MOBILE DOG PARK SERVICE NOV 21 339.00
CONCRETE & COATINGS, LLC LEVEE BATHROOMS 1,500.00
CENTURY LINK PHONES 222.68
HOMETOWN ACE HARDWARE PROPANE 51.12
PEST CONTROL SUPPLIES 42.92
NAPA AUTO PARTS REDUCER FOR RTV 19.15
WIPER BLADES FOR FORD 28.39
LIGHT AND CLIPS FOR 04 CHE 15.14
GERLACH OUTDOOR POWER EQUIP SALT SPREADER 863.99
NINE EAGLES PROMOTIONS LUCAS - CLOTHES 66.00
MEIER CLOTHES 220.00_
TOTAL: 3,368.39
PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 159.20_
TOTAL: 159.20
NON-DEPARTMENTAL CABLE TV DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 17.68_
TOTAL: 17.68
HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.06_
TOTAL: 8.06
NON-DEPARTMENTAL FIRE & AMBULANCE DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 837.09_
TOTAL: 837.09
FIRE FIRE & AMBULANCE CHAD JENSEN JENSEN - BOOTS 200.00
LEXIPOL, LLC FIRE POLICY MANUAL 5,963.72
MN STATE FIRE DEPT. ASSOC. 2022 DUES 495.00
CENTURY LINK PHONES 398.02
EMERGENCY SERVICE MARKETING CORP, INC. SUBSCRIPTION RENEWAL 810.00
GRACE HOLM WC PAYMENT 992.80
ANCOM COMMUNICATIONS INC. 2ND HALF PAY ON ALERT SYST 14,000.00
DAKOTA COUNTY TREAS-AUDITOR NOV 2021 FUEL 823.38
EMERGENCY APPARATUS MAINT ENGINE 2 REPAIR 1,306.57
RESCUE 2 REPAIR 700.40
NATL FIRE PROTECTION ASN 2022 DUES 175.00_
TOTAL: 25,864.89
AMBULANCE FIRE & AMBULANCE O'REILLY AUTOMOTIVE MEDIC 2 BATTERY 252.12
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 304.74
MEDICAL SUPPLIES 1,508.85
MISCELLANEOUS V BRIAN GLENNIE BRIAN GLENNIE : AMB REFUND 1,362.20
VIII-01
12-30-2021 11:14 AM Council Report JAN 04 PYMTS, 2022 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
DANIELLE MCCOY HARPER DANIELLE MCCOY HARPER: REF 10.00
CYNTHIA MANOVICH CYNTHIA MANOVICH : AMB REF 290.00
DAKOTA COUNTY TREAS-AUDITOR NOV 2021 FUEL 1,998.51
MN AMBULANCE ASSOCIATION 2022 DUES 2,618.50
LINDE GAS & EQUIPMENT INC. OXYGEN 268.98
OXYGEN 189.99
ZOLL MEDICAL CORP SERVICE PLAN 1 YEAR 5,130.00_
TOTAL: 13,933.89
NON-DEPARTMENTAL LEDUC HISTORIC EST DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 6.54_
TOTAL: 6.54
LEDUC LEDUC HISTORIC EST GILBERT MECHANICAL CONTRACTORS, INC. LD 5,230.02_
TOTAL: 5,230.02
NON-DEPARTMENTAL HEDRA DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 133.37_
TOTAL: 133.37
PUBLIC WORKS 2021 IMPROVEMENTS FOCUS ENGINEERING, INC. 2021-1 NEIGHBORHOOD INFRAS 226.00
2021-2 SEWER LINING PROGRA 169.50_
TOTAL: 395.50
PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. 2022-1 NEIGHBORHOOD INFRAS 1,610.25_
TOTAL: 1,610.25
NON-DEPARTMENTAL WATER DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 146.85_
TOTAL: 146.85
PUBLIC WORKS WATER GILBERT MECHANICAL CONTRACTORS, INC. PW 1,369.65
PW 1,747.74
CENTURY LINK PHONES 129.46
FOCUS ENGINEERING, INC. DEC 2021 TH 316 STUDY 165.26
DEC 2021 CSAH 46 STUDY 135.60
DEC PROFESSIONAL SERVICES 1,491.60
DEC 2021 TH 316 STUDY 46.61
4TH ST WATER TOWER RECONDI 1,045.25
DAKOTA COUNTY TREAS-AUDITOR NOV 2021 FUEL 698.34_
TOTAL: 6,829.51
NON-DEPARTMENTAL WASTEWATER DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 105.59_
TOTAL: 105.59
PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. DEC 2021 TH 316 STUDY 165.26
DEC 2021 CSAH 46 STUDY 135.60
DEC PROFESSIONAL SERVICES 1,491.60
DEC 2021 TH 316 STUDY 46.61
MET COUNCIL WWIP 819.25_
TOTAL: 2,658.32
NON-DEPARTMENTAL STORM WATER UTILIT DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 151.43_
TOTAL: 151.43
PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. DEC 2021 TH 316 STUDY 55.09
DEC 2021 CSAH 46 STUDY 45.20
DEC PROFESSIONAL SERVICES 497.20
DEC 2021 TH 316 STUDY 15.54
VIII-01
12-30-2021 11:14 AM Council Report JAN 04 PYMTS, 2022 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
_______________
TOTAL: 613.03
NON-DEPARTMENTAL ARENA DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 204.13_
TOTAL: 204.13
PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 719.70
MIDWEST ELECTRICAL CONSTRUCTION ZAMBONI BATTERY CHARGER 640.00
HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 35.28
CENTURY LINK PHONES 71.54
GOLD MEDAL PRODUCTS CO. CONCESSION SUPPLIES 201.29
DALCO FLOOR SWEEPER 824.32
SYSCO, MINNESOTA CONCESSION SUPPLIES 744.51_
TOTAL: 3,236.64
NON-DEPARTMENTAL HYDRO ELECTRIC DELTA DENTAL OF MINNESOTA JAN 2022 DENTAL PREMIUM 15.36_
TOTAL: 15.36
MISCELLANEOUS INSURANCE FUND NORTH RISK PARTNERS LLC 2022 RENEWAL 10,000.00_
TOTAL: 10,000.00
NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. HERITAGE RIDGE 2ND ADDITIO 169.50
VERMILLION ACRES 480.25
WALLIN 19TH ADDITION 367.25
HERITAGE RIDGE 3RD ADDITIO 113.00_
TOTAL: 1,130.00
=============== FUND TOTALS ================
101 GENERAL 33,821.13
200 PARKS 3,946.82
201 AQUATIC CENTER 159.20
205 CABLE TV 17.68
210 HERITAGE PRESERVATION 8.06
213 FIRE & AMBULANCE 40,635.87
220 LEDUC HISTORIC ESTATE 5,236.56
407 HEDRA 133.37
481 2021 IMPROVEMENTS 395.50
482 2022 IMPROVEMENTS 1,610.25
600 WATER 6,976.36
601 WASTEWATER 2,763.91
603 STORM WATER UTILITY 764.46
615 ARENA 3,440.77
620 HYDRO ELECTRIC 15.36
705 INSURANCE FUND 10,000.00
807 ESCROW - DEV/ENG/TIF-HRA 1,130.00
--------------------------------------------
GRAND TOTAL: 111,055.30
--------------------------------------------
TOTAL PAGES: 4
VIII-01
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 01- -22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, Saros, Hagen and Seleskie has presented to the City Parks &
Recreation Department a donation of $400.00 and has designated that this
donation be used for a memorial tree in a City Park or on a City Trail; and
WHEREAS, the City Council is appreciative of the donation and
commends the Saros, Hagen and Seleskie families for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1. That the donation is accepted and acknowledged with gratitude; and
2. That the donation will be appropriated for a memorial tree to be placed
in a City Park or on a City Trail; and
Adopted this 3rd day of January 2022
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: December 20, 2021
Item: Access Agreement for Business Associate Between Expert T Billing and EpicCare Link
Council Action Requested:
Approve the attached agreement for professional service with EpicCare Link System for business
associate acting on behalf of external care provider.
Background Information:
Our outside billing office, Expert T Billing, approached us to establish an agreement with EpicCare Link to
aid in their obtaining updated ambulance patient home addresses and/or health insurance information.
By Expert T Billing utilizing this EpicCare Link program, it enables them to determine the much-needed
updated information for mailing purposes as well as submitting to insurance companies in a timelier
manner. The billing specialist, with Expert T Billing, will have a user ID and password specifically used
for City of Hastings ambulance patients and will be conducted on a secure computer. There is no cost
associated with this agreement for either the City of Hastings or Expert T Billing.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Agreement for EpicCare Link System
VIII-03
781221_2
1
EPICCARE LINK SYSTEM ACCESS AGREEMENT
FOR BUSINESS ASSOCIATE ACTING ON BEHALF OF
EXTERNAL CARE PROVIDER
THIS AGREEMENT (the “Agreement”) is made effective as of November 24, 2021 (“Effective Date”), by and
among HealthPartners, Inc., a Minnesota non-profit corporation, with its principal place of business at 8170 33rd
Ave So., Bloomington, MN (“HealthPartners”), and City of Hastings, a Minnesota Municipality Corporation, with its
principal place of business at 115 W. 5th Street, Hastings, MN 55033(“Provider”), and Expert T. Billing, a billing
company, with its principal place of business at 216 Myrtle Street W. #231, Stillwater, MN 55082 (“Contractor”)
(collectively, the “Parties” or separately, a “Party”).
BACKGROUND
A. HealthPartners’ Epic electronic health record system (the “EHR”) is used to create and maintain certain
records of HealthPartners health care services and other patient information (the “EHR Records”).
B. HealthPartners and Provider serve patients in the same community, and many patients are patients of both
HealthPartners and Provider.
C. Contractor is a “Business Associate” of Provider, as that term is defined at 45 C.F.R. 160.103, providing
payment or healthcare operations related services to Provider.
D. With the goal of improving the coordination of services related to these shared patients, HealthPartners
will make available to Contractor limited access to the EHR, subject to the terms and conditions of this
Agreement.
In consideration of the above and the following mutual covenants, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
Section 1. EHR Access
1.1 Grant and Scope of Access. Subject to the terms of and as limited by this Agreement, HealthPartners
hereby grants Contractor non-transferable and non-exclusive access to the EHR to permit Authorized Users (as
defined in Section 1.6) to electronically access and use the EHR solely for viewing EHR Records necessary for the
purposes described in Schedule 1.1. Provider and Contractor represent and warrant that these purposes fall within
the categories of payment and/or healthcare operations activities (as those terms are defined in HIPAA, at 45 C.F.R.
Pts. 160 – 164), that these activities are within the scope of Provider’s Business Associate Agreement with
Contractor. The permitted purposes are more specifically described in Schedule 1.1. Access, use or disclosure for
any other purposes (including but not limited to research, fundraising, and marketing) are expressly prohibited.
The scope of an Authorized User’s access to the EHR is limited to “read only” access (i.e., an Authorized User will be
able to view and print, but not modify, EHR Records). Provider and Contractor are jointly and severally liable for
ensuring that Authorized Users do not access the EHR for any purpose or in any manner not specifically authorized
by this Agreement. No EHR access is granted to Provider under this Agreement.
1.1.1 Revocation of Prior Agreements. Except as expressly provided in this Agreement, as of the
Effective Date, this Agreement supersedes and replaces any existing agreements (whether oral
VIII-03
781221_2
2
or written) related to Contractor’s access to, or the terms and conditions of Contractor’s access
to, the EHR with respect to its services on behalf of Provider.
1.2 No License Granted. HealthPartners licenses certain software products from Epic to maintain and
operate the EHR. The grant of EHR access under this Agreement is limited by HealthPartners’ underlying licensing
agreement with Epic and does not grant and will not be construed as granting to Provider or Contractor a license
for the use of any software products. This Agreement does not transfer to Provider or Contractor any title or
ownership rights to EHR, EHR Records, or any rights in patents, copyrights, trademarks, or trade secrets
encompassed in the EHR or any other HealthPartners system, software or data. Provider and Contractor agree that
they will not and will not attempt to reverse engineer or otherwise obtain copies of the software programs
contained in the EHR or other HealthPartners systems.
1.3 EpicCare Link; Manner of Access. HealthPartners, in its sole discretion, will determine the tools it
will provide to Contractor for Contractor to access EHR Records, and will determine what EHR Record data is made
available to Contractor.
1.4 System Requirements for Access. Contractor acknowledges and agrees that any hardware,
software, network access or other system components necessary for Contractor to access and use the EHR will be
procured, installed and maintained by Contractor at its sole expense.
1.5 Security Obligations. Contractor will implement safeguards that are reasonable and appropriate to
prohibit and prevent Authorized Users from accessing, using, or disclosing EHR Records not specifically permitted
by this Agreement. Contractor will also implement reasonable and appropriate administrative, physical and
technical safeguards that protect the confidentiality, integrity and availability of the EHR Records. HealthPartners
assumes no obligation to, but reserves the right to, audit Contractor’s security practices relevant to this Agreement.
Contractor and Provider agree to cooperate with HealthPartners’ conduct of such audits and to promptly address
any concerns reasonably identified by HealthPartners.
1.6 Authorized Users. It is the responsibility of Contractor to select and qualify one or more persons
that Contractor wishes to be granted access to the EHR System and to use the EHR System on behalf of Contractor,
in its role of Business Associate to Provider (once approved, the “Authorized Users”). All Authorized Users must be
members of the Workforce of Contractor. “Workforce,” as used herein, shall have the meaning set forth at 45 C.F.R.
160.103. Contractor’s request that an individual be authorized as an Authorized User constitutes Contractor’s
representation that the individual is (a) a member of Contractor’s Workforce (and not a business associate of
Contractor) who (b) needs EHR access to perform assigned job functions for Contractor.
1.7 Security Request Process. Contractor will designate a Site Administrator. The Site Administrator
will submit the requests to add Authorized Users to HealthPartners in writing on a form or by a process provided
by HealthPartners. The Authorized Requester must promptly deactivate Authorized Users in the event of any
change of circumstances requiring termination of an Authorized User’s EHR access (for example, termination of
employment, disqualification as an Authorized User, or change in job function). Furthermore, HealthPartners
reserves the right to suspend or terminate the EHR access of any Authorized User at any time for any reason. Site
Administrator will ensure that only appropriate persons are granted access to the EHR, will periodically audit the
roster of Authorized Users to ensure that the terms of this Agreement are being met, and will promptly respond to
all reasonable inquiries from HealthPartners.
1.8 Authentication. Contractor and each Authorized User are jointly responsible for keeping and
maintaining the security of the passwords or other assigned authentication mechanisms. An Authorized User may
VIII-03
781221_2
3
not share an assigned password with any other person, or use the assigned password of any other person, whether
for one-time access or ongoing access. All Authorized Users will be required to execute a User Agreement.
1.9 Training. HealthPartners will provide one-time training in EHR functionality to Site Administrator
(or other person mutually agreed by the Parties) who will then be responsible for training all other Authorized Users.
Contractor will ensure that, prior to accessing the EHR, each Authorized User is trained, consistent with the
HealthPartners training and with this Agreement, regarding Contractor’s and Authorized User’s obligations under
this Agreement and applicable laws. Contractor will further ensure that ongoing training of Authorized Users is
conducted, as needed. HealthPartners reserves the right to require Contractor to provide additional training that
HealthPartners deems reasonably necessary and appropriate.
1.10 Policies and Procedures. Contractor will comply with all applicable provisions of HealthPartners’
Information Services policies governing EHR access and use, including but not limited to policies governing password
controls. HealthPartners will provide copies of these Information Services policies to Contractor.
1.11 Auditing and Monitoring by Contractor. Contractor must audit and monitor access to and usage of
the EHR to the full extent required to satisfy its legal responsibilities (as a HIPAA Business Associate and otherwise),
comply with this Agreement, and ensure that Authorized Users access, use, and disclose EHR Records only as
authorized by this Agreement. HealthPartners assumes no obligation to audit or monitor Contractor behavior with
respect to the EHR, but may require Contractor to follow a reasonable auditing and/or monitoring protocol if
HealthPartners determines that it would be appropriate to address its obligations under HIPAA. In addition,
HealthPartners reserves the right to independently monitor and audit Authorized Users’ behavior and usage of the
EHR and to immediately suspend an Authorized User’s access to the EHR, if HealthPartners reasonably suspects or
believes that Contractor or Authorized User has violated the terms of this Agreement or is otherwise the cause of
harm or interference with HealthPartners’ rights or property related to the EHR or the rights or property of others
related to the EHR. Contractor and Provider will cooperate with HealthPartners in any additional monitoring or
auditing deemed necessary by HealthPartners and conducted by HealthPartners or Contractor. Contractor and
Provider will fully and promptly cooperate with HealthPartners in resolving any privacy or security issues identified
by such monitoring or auditing.
1.12 Unauthorized Use or Disclosure; Complaints. Contractor and Provider will immediately notify
HealthPartners in writing when either becomes aware of any of the following: (a) any Security Incident (as defined
by HIPAA at 45 CFR Pts 160 - 164); (b) any actual or suspected unauthorized access, use or disclosure of EHR Records;
or (c) any complaint from a patient or other person involving alleged inappropriate use, access or disclosure of EHR
Records or other confidential information of HealthPartners. Each Party will cooperate with the others, as necessary
and appropriate, to investigate any complaints, any actual or suspected unauthorized access, use or disclosure of
the EHR Records, any Security Incident, or any actual or suspected violation of this Agreement. Contractor, in
consultation with HealthPartners, will take prompt corrective action at Contractor’s own expense to mitigate and
cure any harmful effect that is known to Contractor of any unauthorized access, use, disclosure of EHR Records or
any Security Incident related to the EHR that is caused by or attributable to Contractor or Authorized Users.
Contractor shall reimburse HealthPartners for all reasonable costs incurred by HealthPartners in investigating an
unauthorized use or disclosure or a complaint, and all reasonable costs incurred by HealthPartners to provide
breach notifications or to mitigate or cure any harmful effects resulting from an unauthorized use or disclosure or
a Security Incident. Contractor further agrees to reimburse HealthPartners for any and all fines and/or
administrative penalties imposed for such unauthorized access, use or disclosure, Security Incident, or for delayed
reporting. The provisions of this Section 1.12 will survive the termination of this Agreement.
VIII-03
781221_2
4
Section 2. Additional Terms and Conditions
2.1 Disclaimer of Warranty; Limitation of Liability. HEALTHPARTNERS NEITHER MAKES, NOR WILL BE
DEEMED TO HAVE MADE, ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE
DESIGN, CONDITION, QUALITY, CAPACITY, OR OTHER ASPECT OF ANY OF THE SERVICES PROVIDED HEREUNDER OR
ANY COMPONENT THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY DATA, SYSTEM, SOFTWARE, PERSONNEL,
PROGRAMMING ASSISTANCE, OR CONSULTATION PROVIDED AS A PART OF SUCH SERVICES, OR WARRANTIES
ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. ALL SUCH
WARRANTIES ARE HEREBY EXCLUDED. UNDER NO CIRCUMSTANCES WILL HEALTHPARTNERS BE LIABLE TO
PROVIDER OR CONTRACTOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR
SPECIAL DAMAGES OF ANY NATURE OR KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
SAVINGS, LOST DATA, LOST BUSINESS, LOSS OF USE, OR LOST REVENUES) EVEN IF HEALTHPARTNERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNEW OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF
SUCH DAMAGES, AND NOT WITHSTANDING THE FORM (E.G., CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST IT.
2.2 Clinical Practice. Provider assumes sole responsibility for all clinical decision-making and services
provided by Provider, Contractor and Authorized Users arising from, related to or in connection with the access,
use, or disclosure of EHR Records. Provider and Contractor agree to use the EHR only in accordance with applicable
standards of good clinical practice, as applicable.
2.3 Assumption of Liability. Provider and Contractor will ensure that Authorized User access to the EHR
Records is only for legitimate business purposes and as permitted this Agreement and applicable law. Provider and
Contractor are jointly and severally liable for each Authorized User fully complying with this Agreement and
applicable law. Provider and Contractor jointly and severally assume full responsibility and liability for actions or
omissions related to the access to and use of the EHR by Contractor’s Authorized Users or any other person
Contractor permits (intentionally or unintentionally) to have access to the EHR, including but not limited to
unauthorized access to, use of or disclosure of EHR Records that results from Contractor’s or an Authorized User’s
failure to keep the assigned passwords secure.
2.4 Indemnification by Provider. Provider agrees to indemnify, defend, and hold harmless
HealthPartners and its affiliates and their respective officers, directors, employees, agents, successors and assigns
from any and all claims, liabilities, judgments, fines, assessments, penalties, awards or other expenses, of any kind
or nature whatsoever, including, without limitation, attorneys’ fees, expert witness fees, and costs of investigation,
litigation or dispute resolution, relating to or arising out of Contractor’s use of the EHR, or Contractor’s acts or
omissions or willful misconduct under this Agreement, including but not limited to Contractor’s impermissible
access to, use or disclosure of EHR Records or other HealthPartners data, or the introduction of viruses or other
harmful contaminant into the EHR or other HealthPartners system by virtue of Contractor’s access.
2.5 Indemnification by Contractor. Contractor agrees to indemnify, defend, and hold harmless
HealthPartners and its affiliates and their respective officers, directors, employees, agents, successors and assigns
from any and all claims, liabilities, judgments, fines, assessments, penalties, awards or other expenses, of any kind
or nature whatsoever, including, without limitation, attorneys’ fees, expert witness fees, and costs of investigation,
litigation or dispute resolution, relating to or arising out of Contractor’s use of the EHR, or Contractor’s acts or
omissions or willful misconduct under this Agreement, including but not limited to Contractor’s impermissible
access to, use or disclosure of EHR Records or other HealthPartners data, or the introduction of viruses or other
harmful contaminant into the EHR or other HealthPartners system by virtue of Contractor’s access.
VIII-03
781221_2
5
2.6 Representations and Warranties of Contractor and Provider. Contractor represents and warrants
that it will, at all times during the term of the Agreement ensure that each Authorized User complies with the terms
and conditions of this Agreement, applicable law, and applicable HealthPartners, Provider, and Contractor policies
and procedures as may be amended from time to time, and to ensure that no Authorized User takes any action that
adversely affects or damages the EHR, EHR data or any other system or data file of HealthPartners. Contractor
further represents and warrants that it has in place and will appropriately implement disciplinary measures and
sanctions against Authorized Users known to have violated the terms of this Agreement, applicable law or applicable
HealthPartners, Provider or Contractor policies or procedures, or to have taken any action adversely affecting or
damaging the EHR, EHR data or any other system or data file of HealthPartners. Provider and Contractor each
represents and warrants that it will at all times during the term of this Agreement have in place a qualified Privacy
Officer and Security Officer, as required by HIPAA for covered entities, notwithstanding whether or not Contractor
is a covered entity under HIPAA. Provider and Contractor will promptly notify HealthPartners of any change to the
persons appointed to these positions.
2.7 Survival. This Section 2 will survive termination of this Agreement.
Section 3. Confidentiality.
3.1 Confidentiality of Patient Records; Consent. The Parties will protect the confidentiality and security
of the EHR Records to the full extent required by applicable law. If HealthPartners determines it to be necessary,
the Parties will cooperate to obtain the patient’s consent, which may include, for example, Provider or Contractor
obtaining the patient’s written consent. If Provider or Contractor represents to HealthPartners that it has obtained
a legally valid consent from the patient (or patient’s authorized representative), the Parties agree that
HealthPartners may rely on that representation but may also request a copy from Provider or Contractor.
3.2 Requests for EHR Records. If Provider or Contractor receives any request for copies of or access to
EHR Records from any third party, including requests from patients, neither Provider nor Contractor will provide
such copies or access but will promptly direct the requester to HealthPartners.
3.3 Other Confidential Information. During the course of the performance of this Agreement, the
Parties may have access to or become acquainted with confidential information relating to each other’s business,
including, without limitation, patient lists, proprietary information, trade secrets and other intellectual property,
non-public information, clinical, marketing, personnel and administrative policies, procedures, manuals and
reports, and written agreements, including this Agreement. The Parties acknowledge and understand the
importance of keeping such information, including the terms of this Agreement, confidential and agree never to
use, except in performing their respective duties under this Agreement, or to disclose such information to any third
party except as may be required by a court or administrative order or except, with respect to HealthPartners, to an
entity that controls, is controlled by or is under common control with, directly or indirectly, HealthPartners. If
disclosure is ordered by a court or administrative order, the Party subject to the order will immediately notify the
other Party. Upon termination of this Agreement, each Party will immediately return to the other Party all records
or other tangible documents that contain, embody or disclose, in whole or in part any confidential information.
3.4 Survival. This Section 3 will survive termination of this Agreement.
Section 4. Term and Termination.
4.1 Term. This Agreement will commence on the Effective Date and continue until terminated as
provided below.
VIII-03
781221_2
6
4.2 Termination. This Agreement may be terminated for any reason or no reason at any time by a
Party, upon written notice to the other Parties. Notwithstanding the termination of this Agreement, the Parties will
be required to perform under those provisions hereof which contemplate performance subsequent to termination.
Termination of this Agreement will not affect any liabilities or obligations that exist prior to or occur by reason of
such termination, including but not limited to liability for damages for breach of this Agreement.
Section 5. Miscellaneous.
5.1 Contact Persons. The Parties will use their best efforts to support an effective working relationship
with each other as it relates to the terms and conditions of this Agreement and any other concerns that may arise
between the Parties. Each Party will designate a primary contact person and certain additional contact persons for
specific communications, as listed in Schedule 5.1 of this Agreement. The “Primary Contacts” listed in Schedule 5.1
will serve as the primary administrative contacts that the Parties will go through to address issues of concern that
may arise between the Parties relating to matters addressed in this Agreement and will also serve as the backup
contact to any of the other contacts listed in Schedule 5.1.
5.2 Assignment. Neither Provider nor Contractor may assign, delegate, or otherwise transfer any right
or obligation under this Agreement without the prior written consent of HealthPartners. Any attempted assignment
or transfer without HealthPartners’ consent is ineffective.
5.3 Amendment. The Agreement may be amended only by a writing signed by the Parties.
5.4 Governing Law, Jurisdiction and Venue. The Agreement will be governed by and interpreted under
Minnesota law without regard to choice of law principles. Any lawsuit arising directly or indirectly out of the
Agreement will be brought in a court of competent jurisdiction located in the State of Minnesota.
5.5 Non-Waiver. The rights and remedies of the Parties are cumulative and not alternative. Neither the
failure nor any delay by any Party in exercising any right under this Agreement or the documents referred to in this
Agreement will operate as a waiver of such right, and no single or partial exercise of any such right will preclude
any other or further exercise of such right or the exercise of any other right.
5.6 Entire Agreement; Severability. This Agreement constitutes the entire agreement between the
Parties with respect to the matters contemplated herein and supersedes all previous and contemporaneous oral
and written negotiations, commitments, and understandings relating thereto. The Agreement will be interpreted
in a way that if any provision is held invalid, the rest of the Agreement will remain in full affect unless the invalid
provision would materially alter a Party’s interests or materially affect its ability to perform under the Agreement.
5.7 Legal Notices. Except as otherwise provided, any notice or other communication provided for by
this Agreement must be in writing and will be deemed given or delivered when personally delivered or when
deposited in the United States mail, certified or registered, return receipt requested, postage prepaid and properly
addressed, or by recognized overnight courier, next day delivery, charges prepaid, or if given by facsimile, upon
evidence of transmission of facsimile, followed by registered or certified mail, addressed to the intended recipients
as identified in the Legal Notices section of Schedule 5.1, or to such other person or address as may be designated
by written notice by one Party to the other Parties given from time to time during the term of this Agreement.
5.8 Construction. Unless otherwise expressly provided, the word “including” does not limit the
proceeding words or terms. Any reference to a statute or regulation means that statute or regulation as amended
or supplemented from time to time and any corresponding provisions of successor statutes or regulations unless
context requires otherwise. The section headings contained in the Agreement are for reference purposes only and
VIII-03
781221_2
7
will not in any way affect the meaning or interpretation of the Agreement. The Agreement will be construed in
accordance with the plain meaning of its terms, and no presumption or inference will be made against a Party
responsible for drafting any provision.
5.9 Signatures and Counterparts. The Agreement may be executed by any form of signature authorized
by law. Each counterpart will be deemed an original copy of the Agreement and, when taken together, will be
deemed to constitute one and the same agreement.
5.10 Exhibits; Schedules. All exhibits, schedules and attachments, attached hereto, and HealthPartners
Information Services policies, as each may be amended from time to time, shall be and hereby are incorporated
into this Agreement by this reference.
IN WITNESS WHEREOF, HealthPartners, Provider and Contractor have each caused this Agreement to be executed
in their respective names by their duly authorized representatives, as of the day and year first above written.
SIGNATURE PAGE FOLLOWS
VIII-03
781221_2
8
HEALTHPARTNERS, INC. [PROVIDER]
______________________________________ _______________________________________
Signature Signature
___Kari Toft_ _______________________________ _______________________________________
Printed name Printed name
V.P. IS & T Care Delivery ________________________ _______________________________________
Title Title
______________________________________ _______________________________________
Date Date
[CONTRACTOR]
_____________________________________
Signature
_______Brian Brosdahl____________________
Printed name
_____President___________________________
Title
_________12-27-21________________________
Date
VIII-03
781221_2
9
Schedule 1.1
Description of Permitted Purposes
DRAFTER’S NOTES: Describe the specific purposes for which Contractor will be accessing the EHR. E.g., explain
which categories of users at Contractor get access, what types of records will they access, which patients’ records
will they access, and why? Describe the relationship between Provider and Contractor, as appropriate.
All of these purposes must fall within the general categories of payment or healthcare operations, AND within the
scope of Contractor’s Business Associate Agreement with Provider, AND must be either (1) permitted by state &
federal law without patient consent; or (2) within the scope of HealthPartners standard patient consent form.
User Category Type of Record Which Patients Purpose
Billing Staff Patient Demographics and
Insurance Information
Patients with a shared
relationship with
HealthPartners family of
care and City of Hastings
To bill for ambulance
services
VIII-03
781221_2
10
Schedule 5.1
Contact Persons
As of the Effective Date, the contact persons for each Party are as follows:
PROVIDER CONTRACTOR HEALTHPARTNERS
Primary
Contact:
Name/Title: Penne Schuldt,
Office Manager
Address: City of Hastings
Fire and Emergency Medical
Services
115 W. 5th St., Hastings, MN
55033
Phone: 651-480-6152
Email:
pschuldt@hastingsmn.gov
For all contacts except as
noted below.
Name/Title: Kim Dralle,
Billing Specialist
Address: Expert T Billing
216 Myrtle Street W. #231,
Stillwater, MN 55082
Phone: 651-463-3867
Email:
kim@experttbilling.com
For all contacts except as
noted below.
Linda Beverson, Manager
Health Information Management
Regions Hospital
Mailstop 11501E
640 Jackson St.
St. Paul, MN 55101
651-254-3827
Linda.I.Beverson@HealthPartners.Com
For all contacts except as noted below
Security
Administration:
Site Administrator:
Name/Title
Address
Phone
Email
Privacy Officer:
Name/Title
Address
Phone
Email
Name/Title
Address
Phone
Email
Tobi Tanzer, VP Integrity and Compliance
HealthPartners
MS 21110X
PO Box 1309
Minneapolis, MN 55440-1309
Phone: 952.883.5195
Email:
Tobi.X.Tanzer@HealthPartners.com
Notify of any privacy incidents or
complaints
Security
Officer:
Name/Title
Address
Phone
Email
Name/Title
Address
Phone
Email
Dennis Zuzek
SVP and CIO
HealthPartners
MS 21110A
PO Box 1309
Minneapolis, MN 55440-1309
Phone: 952.883.7883
Email:
Dennis.M.Zuzek@HealthPartners.com
Notify of any security incidents
Legal Notices Name/Title
Address
Phone
Name/Title
Address
Phone
Kari Toft
VP Care Delivery Systems IS
HealthPartners
VIII-03
781221_2
11
Email
Email
MS 21110G
PO Box 1309
Minneapolis, MN 55440-1309
With a copy to:
HealthPartners, Inc.
Attn: General Counsel
8170 33rd Avenue South
Bloomington, MN 55425
Each Party will promptly communicate any changes to this contact information to the other Parties.
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh
Date: January 3, 2022
Item: One-Day Temporary Gambling Permit for Hastings Knights of Columbus Council 1600
Council Action Requested:
Approve the attached resolution allowing the one-day temporary gambling permit for the
Hastings Knights of Columbus Council 1600.
Background Information:
Hastings Knights of Columbus submitted an application for a one-day temporary gambling
permit to hold a fundraising raffle on April 23, 2022 at St. Elizabeth Ann Seton Catholic Church.
Financial Impact:
The associated fee has been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 01- -22
RESOLUTION APPROVING THE APPLICATION BY
THE HASTINGS KKNIGHTS OF COLUMBUS COUNCIL 1600 FOR A
TEMPORARY ONE-DAY GAMBLING PERMIT
WHEREAS, the Hastings Knights of Columbus has presented an application to the City
of Hastings for a one day temporary gambling permit on April 23, 2022 to be held at St. Elizabeth
Ann Seton Catholic Church, 2035 West 15th Street, Hastings; and;
WHEREAS, the Minnesota Alcohol and Gambling Enforcement Division requires a
resolution be passed to approve this request; and
WHEREAS, an application for a one day temporary gambling permit has been presented;
WHEREAS, the required fee of $25.00 has been paid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings
that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to
the appropriate agency, showing the approval of this application.
Ayes:
Nays:
Absent:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh
Date: January 3, 2022
Item: One-Day Temporary Gambling Permit for River City Rhythm
Council Action Requested:
Approve the attached resolution allowing the one-day temporary gambling permit for the
Hastings Family Service.
Background Information:
River City Rhythm submitted an application for a one-day temporary gambling permit to hold a
fundraising raffle on March 26, 2022 at the Hastings Middle School, 1000 11th Street West.
Financial Impact:
The associated fee has been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-05
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 01- -22
RESOLUTION APPROVING THE APPLICATION BY
RIVER CITY RHYTHM FOR A
TEMPORARY ONE-DAY GAMBLING PERMIT
WHEREAS, River City Rhythm has presented an application to the City of Hastings for
a one-day temporary gambling permit on March 26, 2022 to be held at the Hastings Middle School,
1000 11th Street West, Hastings; and;
WHEREAS, the Minnesota Alcohol and Gambling Enforcement Division requires a
resolution be passed to approve this request; and
WHEREAS, an application for a one day temporary gambling permit has been presented;
WHEREAS, the required fee of $25.00 has been paid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings
that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to
the appropriate agency, showing the approval of this application.
Ayes:
Nays:
Absent:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 3, 2022
Item: National Opioids Settlement
Council Action Requested:
Adopt resolution Authorizing Participation in National Opioids Settlement.
Background Information:
Minnesota has joined a broad multistate coalition in reaching nationwide settlements with the three
largest opioid distributors – AmerisourceBergen, Cardinal Health, and McKesson – and opioid
manufacturer Johnson & Johnson. The settlements resolve investigations and lawsuits against these
companies for their role in the opioid crisis.
Minnesota will be eligible to receive more than $296M over 18 years. Up to $222M of that will be
paid directly to Minnesota cities and counties (not including City of Hastings). The total amount of
payments to Minnesota will be determined by the overall degree of participation by cities and
counties. Hastings signing on to the settlement agreement will help Minnesota reach a “critical mass”
of participation and receive a greater amount of the potential settlement.
We have filed with the national registration and the associated participation paperwork. The Attorney
General’s Office has requested a City Council resolution authorizing the City’s participation in the
settlement agreement.
Financial Impact:
Not applicable
Committee Discussion:
Not applicable
Attachments:
• Resolution: Authorizing Participation in National Opioids Settlement
• Minnesota Opioids Settlement Executive Summary
• Minnesota Opioids State-Subdivision Memorandum of Agreement
VIII-06
City of Hastings
Dakota County, Minnesota
Resolution 01- -22
Authorizing Participation in National Opioids Settlement
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be available
from the aforementioned litigation will likely be insufficient to fully abate the public health crisis
caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements
will be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements; and
WHEREAS, a Memorandum of Agreement is intended to facilitate compliance by the State and
by the Local Governments with the terms of the National Settlement Agreements and is intended
to serve as a State-Subdivision Agreement under the National Settlement Agreements.
Now, therefore, be it resolved by the Hastings City Council that authorized Mayor is authorized
to execute the Minnesota Opioids State-Subdivision Memorandum of Agreement, as well as the
associated Distributor Subdivision Settlement Participation Form and Janssen Subdivision
Settlement Participation Form.
Adopted this 3rd day of January, 2022.
________________________________
Mary Fasbender, Mayor
Attest:
________________________________
Kelly Murtaugh, City Clerk
VIII-06
Minnesota Opioid Settlement Executive Summary
Minnesota has joined a broad multistate coalition in reaching nationwide settlements with the three
largest opioid distributors – AmerisourceBergen, Cardinal Health, and McKesson – and opioid
manufacturer Johnson & Johnson. The settlements resolve investigations and lawsuits against
these companies for their role in the opioid crisis. If the settlements are fully adopted nationally,
the distributors will pay $21 billion over 18 years and Johnson & Johnson will pay $5 billion over
10 years. Most states have already joined the settlements, but for the agreements to become
effective, a critical mass of cities and counties must sign onto the settlements by January 2, 2022.
Settlement Structure
If a critical mass of subdivisions sign on and the settlements become effective:
Minnesota will be eligible to receive more than $296 million over 18 years. Up to $222
million of that will be paid directly to Minnesota cities and counties. The total amount of
payments to Minnesota will be determined by the overall degree of participation by cities
and counties. The more cities and counties that join, the more money everyone in
Minnesota will receive. Distribution within Minnesota will be determined by the state-
subdivision agreement (see below).
o Each state’s share of the funding was determined by agreement among the states
using a formula that takes into account the impact of the crisis on the state—the
number of overdose deaths, the number of residents with substance use disorder,
and the number of opioids prescribed—and the population of the state.
Payments will begin to flow to the state and cities and counties as soon as April 2022. The
Johnson & Johnson settlement provides for payments to be accelerated if cities and
counties sign on early.
The vast majority of the settlement funds must be used to support any of a wide variety of
strategies to fight the opioid crisis. The Attorney General’s Office convened an expert
panel of local, state, and community providers with experience and expertise in public
health and delivery of health care services to determine the best and most effective use of
the settlement funds. The panel selected a comprehensive list of future opioid abatement
and remediation programs that will benefit all regions of the state.
In addition to the financial components, the settlements also require the companies to make
changes in how opioids are distributed and sold. The companies will be subject to far more
oversight and accountability throughout that process to prevent deliveries of opioids to
pharmacies where diversion and misuse occur. The distributors will be required to
establish and fund a centralized, independent clearinghouse using detailed data analytics
to keep close track of opioid distribution throughout the country and raise red flags for
VIII-06
2
suspicious orders. Johnson & Johnson will be prohibited from selling or promoting opioids
for ten years.
Minnesota Framework
Minnesota has been preparing for these settlements and the opportunity they present to deliver
substantial funding to needed abatement and remediation programs. In 2019, the Legislature
passed the Opiate Epidemic Response bill, creating a special opioid abatement account and the
Opioid Epidemic Response Advisory Council, which will oversee the spending of the state’s
share of settlement funds.
Additionally, a months-long partnership between the state and cities and counties has resulted in
a state-subdivision agreement (or “Minnesota Memorandum of Agreement”) that is designed to
maximize the settlement funds coming to the State of Minnesota and get them to where they are
needed most. The state-subdivision agreement details how the settlement money will be
allocated within the state and also sets out a structure for the distribution of opioid abatement
funds from pending bankruptcy plans with Purdue Pharma and Mallinckrodt. A copy of the
state-subdivision agreement can be found on the Attorney General’s website at
www.ag.state.mn.us/opioids.
Pursuant to the state-subdivision agreement—and assuming maximum payments—
approximately $296 million in funds paid to Minnesota and its cities and counties from the
Distributor and Johnson & Johnson settlements, as well as tens of millions of additional dollars
from the Purdue Pharma and Mallinckrodt bankruptcies, will be allocated as follows:
Local Government Abatement Fund. Seventy-five percent (75%) of the abatement
funds will be paid directly to counties and certain municipalities that participate in the
settlement. Local government funds will be directly allocated to all participating
counties, and all participating municipalities that: (a) have populations of 30,000 or more,
(b) have filed lawsuits against the settling defendants, or (c) have public health
departments. To promote efficiency in the use of abatement funds and limit the
administratively burdensome disbursements of amounts that are too small to add a
meaningful abatement response, smaller, non-litigating municipalities will not receive a
direct allocation of settlement funds. The allocation percentages for each county and
municipality were determined by counsel for the subdivisions negotiating the national
settlement agreements and were calculated using data reflect the impact of the opioid
crisis on the subdivision. Tribal nations are conducting separate settlement negotiations
with the opioid companies.
State Fund. Twenty-five percent (25) of the abatement funds will be paid directly to the
State. Pursuant to state law, these funds will go into the special opioid abatement account
to be overseen and distributed by the Opioid Epidemic Response Advisory Council.
Under current law, after certain appropriations are made, approximately 50% of the funds
paid into the opioid abatement account are distributed to county social service agencies to
VIII-06
3
provide child protection services to children and families who are affected by addiction.
The state-subdivision agreement anticipates a change to this law to allow counties to
receive their share of the settlement funds directly. The agreement requires the state and
subdivisions to work together to achieve this change in law during the 2022 legislative
session, and includes a provision changing the allocation between state and local
governments if the statutory change is not accomplished.
Some municipalities in Minnesota retained attorneys on a contingency fee basis to file lawsuits
against the opioid companies. The national settlements establish an Attorney Fee Fund for
attorneys representing cities and counties that join the settlements. The settlements require
attorneys who recover from this fund to waive enforcement of their contingency fee agreements.
The state-subdivision agreement includes a Backstop Fund, which will be overseen by a Special
Master, that will allow for the payment of reasonable attorney fees to private attorneys to make
up for the difference between what they receive from the national fund and their contingency fee
agreements, which are capped at 15%. Any funds that remain in the Backstop Fund after
payment of reasonable attorney fees will revert to cities and counties for abatement.
Subdivision Participation
It is vital for subdivisions to join the settlements during the initial sign-on period, which ends
January 2, 2022. First, very high levels of subdivision participation nationally are necessary for
the companies to move forward with the settlements and for everyone to benefit from them.
Second, cities or counties cannot receive any portion of the direct settlement funds if they do not
sign on to the settlements. Third, in order to maximize the settlement payments that come to
Minnesota, full joinder by certain categories of counties and cities is needed. Finally, joinder
during the initial sign-on period maximizes the amount of funds available to an individual city or
county.
Next Steps
Now: Cities and counties should have received a settlement notice with additional information
about the sign on process, which begins by registering on the national settlement website:
www.nationalopioidsettlement.com. Registering is a necessary step toward participation in the
settlements. The notice each subdivision received by mail and email provides its unique
subdivision registration code, which must be used to register. Registering does not mean that the
subdivision has accepted the terms of the national settlement agreements or the state-subdivision
agreement.
Next: Each subdivision, via its local legislative body, should adopt a resolution that authorizes a
representative of the subdivision to execute Minnesota’s state-subdivision agreement and both
subdivision settlement participation forms (Distributors and Johnson & Johnson), which are
required to join the settlements. Cities and counties can obtain model resolutions by contacting
the Association of Minnesota Counties or the League of Minnesota Cities. The resolutions
should be submitted to the subdivisions’ legislative body (i.e., county commission or city
council) for approval.
VIII-06
4
By January 2, 2022: After the appropriate resolution is passed by each subdivision, the
authorized representative should sign the Minnesota Memorandum of Agreement, the Distributor
Agreement, and the Johnson & Johnson Agreement. The Distributor and Johnson & Johnson
agreements can be signed electronically via DocuSign. Subdivisions should receive an email
with a link to sign electronically upon registering at www.nationalopioidsettlement.com.
Subdivisions are encouraged to sign onto the Minnesota Memorandum of Agreement and the
settlement agreements as soon as possible to avoid scheduling challenges and to ensure that we
meet the national subdivision participation threshold for the settlements to become effective.
Additional information about the settlements and how they are implemented in Minnesota can be
found on the Attorney General’s website: www.ag.state.mn.us/opioids. Subdivisions that are
represented by an attorney with respect to opioid claims should consult with their attorney.
Additionally, specific questions for the Attorney General’s Office can be emailed to
opioids@ag.state.mn.us, or left via voicemail at (612) 429-7126.
VIII-06
1
MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic; WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage caused by their misconduct; WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be available from the aforementioned litigation will likely be insufficient to fully abate the public health crisis caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson have resulted in National Settlement Agreements with those companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will be maximized only if all Minnesota counties, and cities of a certain size, participate in the settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the distribution and use of settlement amounts; WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State
and by the Local Governments with the terms of the National Settlement Agreements and is
intended to serve as a State-Subdivision Agreement under the National Settlement Agreements; WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision Agreement under resolutions of claims concerning alleged misconduct in the manufacture,
marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy
court that provide for payments (including payments through a trust) to both the State and Minnesota counties and cities and allow for the allocation between a state and its political subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the
Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide Abatement Agreement.
VIII-06
2
I. Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved
Uses” shall include the reasonable administrative expenses associated with overseeing and
administering Opioid Settlement Funds. Reimbursement by the State or Local Governments for past expenses are not Approved Uses. “Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc. “Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by
the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and municipalities and allow for the allocation between the state and its political subdivisions to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local Governments, or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the municipality. “Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s) on or before December 3, 2021, as defined in Section VI.B below. “Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all counties and cities within the geographic boundaries of the state of Minnesota. “MDL Matter” means the matter captioned In re National Prescription Opiate Litigation,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
“Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids State-Subdivision Memorandum of Agreement.
VIII-06
3
“National Settlement Agreements” means the national opioid settlement agreements with
the Parties and one or all of the Settling Defendants concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. “Opioid Settlement Funds” shall mean all funds allocated by the National Settlement Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are temporarily held before being expended on opioid remediation strategies. “Opioid Supply Chain Participants” means entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic,
including their officers, directors, employees, or agents, acting in their capacity as such. “Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a county or city within the geographic boundaries
of the State of Minnesota that has signed this Memorandum of Agreement and has executed a release of claims with the Settling Defendants by signing on to the National Settlement Agreements. For the avoidance of doubt, a Local Government must sign this MOA to become a “Participating Local Government.”
“Region” is defined in Section II.H below. “Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a
National Settlement Agreement.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison. “State Abatement Fund” is defined in Section II.B below.
II. Allocation of Settlement Proceeds A. Method of distribution. Pursuant to the National Settlement Agreements and any Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State
and directly to Participating Local Governments in such proportions and for such uses as
set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of the State or any Participating Local Government unless and until such time as each annual distribution is made.
B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement funds established by Participating Local Governments (“Local Abatement Funds”). This initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.
VIII-06
4
C. Statutory change.
1. The Parties agree to work together in good faith to propose and lobby for legislation in the 2022 Minnesota legislative session to modify the distribution of the State’s Opiate Epidemic Response Fund under Minnesota Statutes section 256.043, subd. 3(d), so that “50 percent of the remaining amount” is no longer appropriated
to county social services, as related to Opioid Settlement Funds that are ultimately
placed into the Minnesota Opiate Epidemic Response Fund (“Legislative Modification”).1 Such efforts include, but are not limited to, providing testimony and letters in support of the Legislative Modification.
2. It is the intent of the Parties that the Legislative Modification would affect only the
county share under section 256.043, subd. 3(d), and would not impact the provision of funds to tribal social service agencies. Further, it is the intent of the Parties that the Legislative Modification would relate only to disposition of Opioid Settlement Funds and is not predicated on a change to the distribution of the Board of
Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund.
D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting Workgroup to recommend draft legislation to achieve this Legislative Modification. The Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office, and Minnesota tribal representatives. The Workgroup will host meetings with Members of
the Minnesota House of Representatives and Minnesota Senate who have been involved in
this matter to assist in crafting a bill draft. E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
Bankruptcy Resolutions are not actually distributed to the Parties until on or after August 1, 2022, in order to allow the Parties to pursue legislative change that would take effect before the Opioid Settlement Funds are received by the Parties. Such steps may include, but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification described above, if that date is prior to August 1, 2022.
1 It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in Exhibit A.
VIII-06
5
F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described above does not take effect by August 1, 2022, the allocation between the Parties set forth
in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund,
and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential amendment of this MOA if such legislation does not timely go into effect in accordance with this paragraph.
G. Effect of later statutory change. If the Legislative Modification described above takes
effect after August 1, 2022, the allocation between the Parties will be modified as follows: (i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds. H. Effect of partial statutory change. If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then the allocation set forth in Section II.B will be modified to ensure Participating Local
Governments receive 75% of the Opioid Settlement Funds. I. Participating Local Governments receiving payments. The proportions set forth in Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all Minnesota cities that (a) have a population of more than 30,000, based on the United States
Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed
an established health care or treatment infrastructure (e.g., health department or similar agency), or (c) have initiated litigation against the Settling Defendants as of December 3, 2021.
J. Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set forth in Exhibit B, attached hereto and incorporated herein by reference, which is based upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not change based on population changes during the term of the MOA. However, to the extent
required by the terms of the National Settlement Agreements, the proportions set forth in Exhibit B must be adjusted: (i) to provide no payment from the National Settlement Agreements to any listed county or municipality that does not participate in the National Settlement Agreements; and (ii) to provide a reduced payment from the National Settlement Agreements to any listed county or city that signs on to the National Settlement
Agreements after the Initial Participation Date.
K. Redistribution in certain situations. In the event a Participating Local Government merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local
2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed and their shares were proportionally reallocated amongst the remaining subdivisions.
VIII-06
6
Government shall be redistributed equitably based on the composition of the successor Local Government. In the event an allocation to a Local Government cannot be paid to the
Local Government, such unpaid allocations will be allocated to Local Abatement Funds
and be distributed in such proportions as set forth in Exhibit B. L. City may direct payments to county. Any city allocated a share may elect to have its full share or a portion of its full share of current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that county
or counties are Participating Local Governments[s]. Such an election must be made by January 1 each year to apply to the following fiscal year. If a city is located in more than one county, the city’s funds will be directed based on the MDL Matter’s Opioid Negotiation Class Model.
III. Special Revenue Fund A. Creation of special revenue fund. Every Participating Local Government receiving Opioid Settlement Funds through direct distribution shall create a separate special revenue fund,
as described below, that is designated for the receipt and expenditure of Opioid Settlement
Funds. B. Procedures for special revenue fund. Funds in this special revenue fund shall not be commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets, unless
the loan or pledge is for an Approved Use. Participating Local Governments may not assign to another entity their rights to receive payments of Opioid Settlement Funds or their responsibilities for funding decisions, except as provided in Section II.L.
C. Process for drawing from special revenue funds.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures of opioid settlement funds; (ii) state the specific strategy or strategies the county or city intends to fund, using the item letter and/or number in Exhibit A to identify
each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time. D. Local government grantmaking. Participating Local Governments may make contracts with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E. Interest earned on special revenue fund. The funds in the special revenue fund may be invested, consistent with the investment limitations for local governments, and may be
VIII-06
7
placed in an interest-bearing bank account. Any interest earned on the special revenue funds must be used in a way that is consistent with this MOA.
IV. Opioid Remediation Activities A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of this
MOA, unless execution of the National Settlement Agreements requires a later date. Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees arising from the enforcement of legal claims related to the opioid epidemic, except for the portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and cost funds established in the National Settlement Agreements, as well as the Backstop Fund described in Section VI.
B. Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead agency and Chief Strategist to identify, collaborate, and respond to local issues as Local Governments decide how to leverage and disburse Opioid Settlement Funds. In their role as Chief Strategist, public health departments will convene multi-sector meetings and lead
efforts that build upon local efforts like Community Health Assessments and Community
Health Improvement Plans, while fostering community focused and collaborative evidence-informed approaches that prevent and address addiction across the areas of public health, human services, and public safety. Chief Strategists should consult with municipalities located within their county in the development of any Community Health
Assessment, and are encouraged to collaborate with law enforcement agencies in the
county where appropriate. C. Administrative expenses. Reasonable administrative costs for the State or Local Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or Bankruptcy Resolution, whichever is less. D. Regions. Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments may choose to create a Region or utilize an existing Region under a joint exercise of powers under Minn. Stat. § 471.59.
E. Consultation and partnerships.
1. Each county receiving Opioid Settlement Funds must consult annually with the municipalities in the county regarding future use of the settlement funds in the
VIII-06
8
county, including by holding an annual meeting with all municipalities in the county in order to receive input as to proposed uses of the Opioid Settlement Funds
and to encourage collaboration between Local Governments both within and
beyond the county. These meetings shall be open to the public. 2. Participating Local Governments within the same County Area have a duty to regularly consult with each other to coordinate spending priorities.
3. Participating Local Governments can form partnerships at the local level whereby Participating Local Governments dedicate a portion of their Opioid Settlement Funds to support city- or community-based work with local stakeholders and partners within the Approved Uses.
F. Collaboration. The State and Participating Local Governments must collaborate to promote effective use of Opioid Settlement Funds, including through the sharing of expertise, training, and technical assistance. They will also coordinate with trusted partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V. Reporting and Compliance A. Construction of reporting and compliance provisions. Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on Distribution and Allocation of Opioid Settlement Funds. B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup
that includes representatives of the Attorney General’s Office, state stakeholders, and city
and county representatives, who will meet on a regular basis to develop reporting and compliance recommendations. The Reporting Workgroup must produce a set of reporting and compliance measures by June 1, 2022. Such reporting and compliance measures will be effective once approved by representatives of the Attorney General’s Office, the
Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota
Cities that are on the Workgroup. VI. Backstop Fund
A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment
of all or a portion of the attorney fees and costs owed by Litigating Local Governments to private attorneys specifically retained to file suit in the opioid litigation (“National Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements may provide for a portion of the attorney fees of Litigating Local Governments.
B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys (“Counsel”) for Local Governments that filed opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By
VIII-06
9
order3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund
or from any state backstop fund for attorney fees, but private attorneys for local
governments must waive their contingent fee agreements to receive payment from the National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be designed to incentivize private attorneys to waive their right to enforce contingent fee agreements and instead apply to the National Attorney Fee Fund, with the goals of
achieving greater subdivision participation and higher ultimate payouts to both states and
local governments. Accordingly, in order to seek payment from the Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to these National Settlement Agreements and first apply to the National Attorney Fee Fund.
C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the State Abatement Fund and 75% directly to Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will
be funded by 8.75% of the share of each payment made to the Local Abatement Funds
from the National Settlement Agreements (annual or otherwise), based upon the modified allocation of 40% directly to the State Abatement Fund and 60% directly to the Local Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or
Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and
75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of the share of each payment made to the Local Abatement Funds from the National Settlement Agreements (annual or otherwise), and will not include payments resulting from the Purdue or Mallinckrodt Bankruptcies.
D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local Governments’ share of funds from the National Settlement Agreements. To avoid doubt, in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement Agreements’ Contingency Fee Fund.
E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment from the Backstop Fund in the event that funds received by Counsel from the National
Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that
would be due to Counsel under any contingency fee agreement with a Litigating Local Government based on any recovery Litigating Local Governments receive from the National Settlement Agreements. Before seeking any payment from the Backstop Fund,
3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio August 6, 2021).
VIII-06
10
private attorneys must certify that they first sought fees from the National Settlement Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the
maximum fees payments awarded to them. Nothing in this Section, or in the terms of this
Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect to fees that may be recovered under a contingency fee agreement or otherwise from other past or future settlements, verdicts, or recoveries related to the opioid litigation.
F. Special Master. A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug; or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special master from the above-listed individuals. If none of the above-listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of
individuals that is agreed upon between the Minnesota Attorney General, the Hennepin
County Attorney, and Counsel.
G. Special Master Determinations. The special master will determine the amount and timing of any payment to Counsel from the Backstop Fund. The special master shall make one determination regarding payment of attorney fees to Counsel, which will apply through the
term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be received by the private attorney’s firm from the National Settlement Agreements’ Contingency Fee Fund relating to Litigating Local Governments; the contingency fee contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating
Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal
issues involved in the opioid litigation; work done to directly benefit the Local Governments within the State of Minnesota; and the principles set forth in the Minnesota Rules of Professional Conduct, including the reasonable and contingency fee principles of Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial
fee application about the total amount of fees that Counsel have received or will receive
from the National Attorney Fee Fund related to the Litigating Local Governments.
H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also provide written submissions to the special master, which may include declarations from counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product, proprietary or confidential information, including but not limited to detailed billing or lodestar records. To the extent that counsel rely upon written submissions to support their application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
VIII-06
11
any payment from the Backstop Funds shall be transparent, public, final, and not appealable.
I. Distribution of Any Excess Funds. To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master shall distribute any excess amount to Participating Local Governments according to the percentages set forth in Exhibit B.
J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation
Settlement payments; or (b) until all Counsel for Litigating Local Governments have either
(i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the full amount determined by the special master; whichever occurs first.
K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any
Litigating Local Government’s attorney fees and expenses. Any funds that the State
receives from the National Settlement Agreements as attorney fees and costs or in lieu of attorney fees and costs, including the Additional Restitution Amounts, will be treated as State Abatement Funds.
VII. General Terms
A. Scope of agreement. This MOA applies to all settlements under the National Settlement Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy Defendants.4 The Parties agree to discuss the use, as the Parties may deem appropriate in the future, of the settlement terms set out herein (after any necessary amendments) for
resolutions with Opioid Supply Chain Participants not covered by the National Settlement
Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does not excuse any requirements placed upon them by the terms of the National Settlement Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a State-Subdivision Agreement to do so.
B. When MOA takes effect. 1. This MOA shall become effective at the time a sufficient number of Local Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide Abatement
Agreement under any Bankruptcy Resolution. If this MOA does not thereby qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this MOA will have no effect.
2. The Parties may conditionally agree to sign on to the MOA through a letter of intent,
resolution, or similar written statement, declaration, or pronouncement declaring
4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal
Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P., and Mallinckrodt plc.
VIII-06
12
their intent to sign on to the MOA if the threshold for Party participation in a specific Settlement is achieved.
C. Dispute resolution. 1. If any Party believes another Party has violated the terms of this MOA, the alleging Party may seek to enforce the terms of this MOA in Ramsey County District Court,
provided the alleging Party first provides notice to the alleged offending Party of
the alleged violation and a reasonable opportunity to cure the alleged violation. 2. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters. 3. If a Party believes another Party, Region, or individual involved in the receipt, distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal authorities.
D. Amendments. The Parties agree to make such amendments as necessary to implement the intent of this MOA.
E. Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to interpretation or enforcement, is governed by the laws of the State of Minnesota. Any action related to the provisions of this MOA must be adjudicated by the Ramsey County District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision. F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims against the Settling Defendants to receive direct
allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that based on the terms of the National Settlement Agreements, a Participating Local Government may receive funds through this MOA only after complying with all requirements set forth in the National Settlement Agreements to release its claims. This
MOA is not a promise from any Party that any National Settlement Agreements or
Bankruptcy Resolution will be finalized or executed. G. When MOA is no longer in effect. This MOA is effective until one year after the last date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this MOA will not be deemed to be a waiver of any right or any future rights.
VIII-06
13
I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein. J. Signing and execution. This MOA may be executed in counterparts, each of which constitutes an original, and all of which constitute one and the same agreement. This MOA
may be executed by facsimile or electronic copy in any image format. Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA have been performed and that the person signing for such Party has been authorized to execute the MOA in an official capacity that binds the Party.
VIII-06
14
This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
this ___day of ____________, ______ by:
____________________________________________
Name and Title: _______________________________
On behalf of: _________________________________
VIII-06
1
EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive, and fund recipients shall have flexibility to modify their abatement approach as needed and as new uses are discovered.
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs5 or strategies that may include, but are not limited to, those that:6
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication for Opioid Use Disorder (“MOUD”)7 approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MOUD, as well as counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the ability of recipients to fund innovative services or those built on culturally specific needs. Rather, recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions. 6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. 7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication
for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the
term MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the future as new strategies and terminology evolve.
VIII-06
2
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for people with OUD and any co-occurring SUD/MH conditions, including but not limited to medical detox, referral to treatment, or connections to other services or supports.
8. Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH or mental health conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for certified addiction counselors, licensed alcohol and drug counselors, licensed clinical social workers, licensed mental health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, continuing education, licensing fees, or other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.
13. Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.
VIII-06
3
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
VIII-06
4
11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MOUD, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.
VIII-06
5
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
VIII-06
6
3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MOUD, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS, AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with
VIII-06
7
neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal population—or individuals who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NOWS babies; expand services for better continuum of care with infant-caregiver dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5. Provide training to health care providers who work with the perinatal population and caregivers on best practices for compliance with federal requirements that children born with NOWS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
8. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills training.
9. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
VIII-06
8
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
VIII-06
9
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse, including but not limited to focusing on risk factors and early interventions.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
VIII-06
10
workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
VIII-06
11
12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:
1. Law enforcement expenditures related to the opioid epidemic.
2. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
VIII-06
12
4. Provide resources to staff government oversight and management of opioid abatement programs.
5. Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at the state, regional, local, nonprofit, and community level to maximize collective impact.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
VIII-06
13
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M. POST-MORTEM
1. Toxicology tests for the range of opioids, including synthetic opioids, seen in overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2. Toxicology method development and method validation for the range of synthetic opioids observed now and in the future, including the cost of installation, maintenance, repairs and training of capital equipment.
3. Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4. Additional storage space/facilities for bodies directly related to opioid or synthetic opioid related deaths.
5. Comprehensive death investigations for individuals where a death is caused by or suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6. Indigent burial for unclaimed remains resulting from overdose deaths.
7. Navigation-to-care services for individuals with opioid use disorder who are encountered by the medical examiner’s office as either family and/or social network members of decedents dying of opioid overdose.
8. Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
VIII-06
1
EXHIBIT B
Local Abatement Funds Allocation
Subdivision Allocation Percentage
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY 5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY 0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city 0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city 0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY 0.3325325415732%
Burnsville city 0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY 0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY 0.6021779472345%
Duluth city 1.1502115379896%
Eagan city 0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY 0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY 0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
VIII-06
2
Subdivision Allocation Percentage
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY 0.3099019273452%
HUBBARD COUNTY 0.4582368775192%
Inver Grove Heights city 0.2193400520297%
ISANTI COUNTY 0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS COUNTY 0.1123105027592%
Lakeville city 0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city 0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY 0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY 0.1562005111775%
NORMAN COUNTY 0.1087596675165%
North St. Paul city 0.0575844069340%
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
VIII-06
3
Subdivision Allocation Percentage
PIPESTONE COUNTY 0.1535154503112%
Plymouth city 0.1762541472591%
POLK COUNTY 0.8654291473909%
POPE COUNTY 0.1870129873102%
Proctor city 0.0214374127881%
RAMSEY COUNTY 7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY 0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY 1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
St. Cloud city 0.7330089009029%
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY 2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY 0.1439474275223%
SWIFT COUNTY 0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY 0.0903964133868%
WABASHA COUNTY 0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY 0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY 0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city 0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
VIII-06
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: January 3, 2022
Item: 2022-2023 Police Sergeants Union Contract
Council Action Requested:
Approve the 2022-2023 union contract for Law Enforcement Labor Services Local #462
Sergeants Unit.
Background Information:
It is recommended that the Council act approving the 2022-2023 union contract for the
Local #462 Police Sergeants Unit. The contract term is for January 1, 2022 – December
31, 2023.
Proposed changes include:
• 3.0% cost of living adjustment on January 1, 2022 and January 1, 2023.
• Shift differential increases to $0.85 January 1, 2022 and to $1.00 January 1, 2023.
• Renewal of Memorandum of Agreement for Sick Leave Severance Pay.
• Renewal of Memorandum of Understanding for Mandatory Physical Fitness Test
• Renewal of Memorandum of Understanding for the Mental Health Program.
All other provisions of the contract will remain unchanged.
Financial Impact:
Wage adjustments are included in the 2022 budget.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
2022-2023 Collective Bargaining Agreement, with MOUs
VIII-07
LABOR AGREEMENT
BETWEEN
CITY OF HASTINGS
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 462
SERGEANTS
JANUARY 1, 2022 THROUGH DECEMBER 31, 2023
VIII-07
INDEX
ARTICLE PAGE
ARTICLE I. PURPOSE OF AGREEMENT 1
ARTICLE II. RECOGNITION 1
ARTICLE III. DEFINITIONS 1
ARTICLE IV. EMPLOYER SECURITY 2
ARTICLE V. EMPLOYER AUTHORITY 2
ARTICLE VI. UNION SECURITY 3
ARTICLE VII. EMPLOYEE RIGHTS—GRIEVANCE PROCEDURE 3
ARTICLE VIII. SAVINGS CLAUSE 5
ARTICLE IX. SENIORITY 5
ARTICLE X. DISCIPLINE 5
ARTICLE XI. CONSTITUTIONAL PROTECTION 6
ARTICLE XII. WORK SCHEDULE 6
ARTICLE XIII. OVERTIME 6
ARTICLE XIV. COURT TIME 7
ARTICLE XV. CALL BACK TIME 7
ARTICLE XVI. WORKING OUT OF CLASSIFICATION 7
ARTICLE XVII. VACATION 7
ARTICLE XVIII. SICK LEAVE AND OTHER LEAVES OF ABSENCE 8
ARTICLE XIX. UNIFORM ALLOWANCE 9
ARTICLE XX. INSURANCE 9
ARTICLE XXI. INJURED ON DUTY 10
ARTICLE XXII. WAGES 11
ARTICLE XXIII. FIELD TRAINING OFFICER (FTO) 12
ARTICLE XXIV. WAVIER 12
ARTICLE XXV. DURATION 13
MOU POST-RETIREMENT HEALTH CARE SAVINGS 14
VIII-07
1
LABOR AGREEMENT BETWEEN THE CITY OF HASTINGS
AND
LAW ENFORCEMENT LABOR SERVICES, INC
LOCAL NO. 462 POLICE SERGEANTS
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into as of January 1, 2022 between the City of Hastings, hereinafter called the
Employer, and the Law Enforcement Labor Services, Inc. Union, Local No. 462, hereinafter called the
Union. It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement’s interpretation
and/or application; and
1.2 Place in written form the parties’ agreement upon terms and conditions of employment for the
duration of this Agreement. The Employer and the Union through this Agreement shall continue
their dedication to the highest quality police service and protection to the residents of Hastings.
Both parties recognize this Agreement as a pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes,
Section 179.71, Subdivision 3, for all police personnel in the following job classification:
POLICE SERGEANT
2.2 In the event the Employer and the Union are unable to agree to the inclusion of a new or
modified job class, the issue shall be submitted to the Bureau of Mediation Services for
determination.
ARTICLE III. DEFINITIONS
3.1 UNION: The Law Enforcement Labor Services, Inc., Union Local No. 462.
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. Union, Local
No.462.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Hastings Police Department.
3.5 EMPLOYER: The City of Hastings.
3.6 CHIEF: The Chief of the Hastings Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc.
Union, Local No. 462.
3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the
employee’s scheduled shift.
VIII-07
2
3.9 SCHEDULED SHIFT: A consecutive hour work period including two (2) rest breaks and a lunch
break.
3.10 REST PERIODS: Two (2) periods during the Scheduled Shift during which the employee remains
on continual duty and is responsible for assigned duties.
3.11 LUNCH BREAK: A period during the Scheduled Shift during which the employee remains on
continual duty and is responsible for assigned duties.
3.12 UNIFORM: Those items actually worn on the body to protect the Officer from the elements such
as, uniform shirts and pants, uniform headgear, authorized duty footwear; weather gear such as
gloves, rainwear, rubber boots, physical training/exercise clothing and footwear. Such authorized
protective equipment such as “personal body armor”.
3.13 EQUIPMENT: Those attachments, peripherals or items of convenience that are used in
conjunction with the work clothing. Included would be duty weapon, leather goods (other than
pants belt and footwear), radio accessories, badges, briefcases or other office type equipment.
3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from one’s position,
the stoppage of work, slow-down or abstinence in whole or in part from the full, faithful and proper
performance of the duties of employment for the purpose of inducing, influencing or coercing a
change in the conditions or compensation or the rights, privileges or obligations of employment.
3.15 PROBATIONARY PERIOD: Twelve (12) calendar months following date of hire.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in
or support any strike, slow-down or other interruption of or interference with the normal functions
of the Employer.
4.2 Any employee who engages in a strike may have their appointment or employment terminated by
the Employer effective the date the violation first occurs. Such termination shall be effective upon
written notice served upon the employee. An employee who is absent from any portion of their
work assignment without permission, or who abstains wholly or in part from the full performance
of his duties without permission from the Employer on the date or dates when a strike occurs is
prima facie presumed to have engaged in a strike on such date or dates. An employee who
knowingly strikes and whose employment has been terminated for such action may, subsequent to
such violation, be appointed or reappointed or employed or reemployed, but the employee shall be
on probation for two years with respect to such civil service status, tenure of employment.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all personnel, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to determine the
utilization of technology; to establish and modify the organizational structure; to select, direct, and
determine the number of personnel; to establish work schedules, and to perform any inherent
managerial function not specifically limited by this Agreement.
5.2 Any terms and condition of employment not specifically established or modified by this Agreement
shall remain solely within the discretion of the Employer to modify, establish, or eliminate.
VIII-07
3
ARTICLE VI. UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing
an amount necessary to cover monthly dues, or a “fair share” deduction, as provided in Minnesota
State Statute 179.65, Subdivision 2, if the employee elects not to become a member of the Union.
Such monies shall be remitted as directed by the Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate
and shall inform the Employer in writing of such choice and changes in the position of steward
and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for posting Union
notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against the Employer as a result
of any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE VII. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this Agreement.
7.2 Union Representatives. The Employer will recognize representatives designated by the Union as
the grievance representatives of the bargaining unit having the duties and responsibilities
established by this Article. The Union shall notify the Employer in writing of the names of such
Union representatives and of their successors when so designated, as provided by Section 6.2 of
this Agreement.
7.3 Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the
processing of grievance as hereinafter provided is limited by the job duties and responsibilities of
the employees and shall therefore be accomplished during normal working hours only when
consistent with such employee duties and responsibilities. The aggrieved employee and a Union
representative shall be allowed a reasonable amount of time without loss in pay when a grievance
is investigated and presented to the Employer during normal working hours provided that the
employee and the Union representative have notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would not be detrimental to the
work of the Employer.
7.4 Procedure. Grievance, as defined in Section 7.1 shall be resolved in conformance with the
following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application of this
Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred,
present such grievance to the employee’s supervisor as designated by the Employer. The
Employer-designated representative will discuss and give an answer to such Step 1 grievance
within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step
2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based,
the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall
be appealed to Step 2 within (10) calendar days after the Employer-designated representative’s
final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten
VIII-07
4
(10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the
Employer-designated Step 2 representative. The Employer-designated representative shall give the
Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such
Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the Employer-designated representative’s final Step 2 answer. Any
grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be
considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the
Employer-designated Step 3 representative. The Employer-designated representative shall give the
Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3
grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar
days following the Employer-designated representative’s final answer in Step 3. Any grievance
not appealed in writing to Step 4 by the Union with (10) calendar days shall be considered waived.
Step 4. A grievance not resolved in Step 3 and appealed to Step 4 by the Union shall be submitted
to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as
amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing
the Arbitration of Grievances”, as established by the Public Employment Relations Board.
7.5 Arbitrator’s Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract
from the terms and conditions of this Agreement. The arbitrator shall consider and decide
only the specific issue(s) in writing by the Employer and the Union, and shall have no
authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with,
or modifying or varying in any way the application of laws, rules, or regulations having
the force and effect of law. The arbitrator’s decision shall be submitted in writing within
thirty (30) days following close of the hearing or the submission of briefs by the parties,
whichever is later, unless the parties agree to an extension. The decision shall be binding
on both the Employer and the Union and shall be based solely on the arbitrator’s
interpretation or application of the grievance presented.
C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally
by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
7.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered
“waived”. If a grievance is not appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer.
If the Employer does not answer a grievance or an appeal thereof within the specified time limits,
the Union may elect to treat the grievance as denied at the step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual written
agreement of the Employer and the Union in each step.
VIII-07
5
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hastings.
In the event any provision of this Agreement shall be held to be contrary to law by a court of competent
jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect.
The voided provision may be renegotiated at the written request of either party.
ARTICLE IX. SENIORITY
9.1 Seniority shall be determined by the employee’s length of continuous employment with the Police
Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief
on the basis of time in grade and time within specific classifications.
9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole
discretion of the Employer. During the probationary period, a promoted or reassigned employee
may be replaced in their previous position at the sole discretion of the Employer.
9.3 A reduction of work force will be accomplished on the basis of seniority. An employee on layoff
shall have an opportunity to return to work within two (2) years of the time of his layoff before
any new employee is hired.
9.4 Senior employees shall be given preference with regard to transfer, job classification assignments
and promotions when the job relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months
of continuous full-time employment.
9.6 Vacation period shall be selected on the basis of seniority until April 1, “summer choice” (May,
June, July, August); August 1, “fall choice” (September, October, November, December);
December 1, “winter choice” (January, February, March, April).
ARTICLE X. DISCIPLINE
10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of
the following terms:
a. Oral reprimand;
b. Written reprimand;
c. Suspension;
d. Demotion; or
e. Discharge.
10.2 Suspensions, demotions and discharge will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of
an employee’s personnel file shall be read and acknowledged by signature of the employee.
Employees and the Union will receive a copy of such reprimands and/or notices.
10.4 Employees may examine their own individual personnel files at reasonable times under the direct
supervision of the Employer.
VIII-07
6
10.5 Discharges will be preceded by a five (5) day suspension without pay.
10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the
employee has been given an opportunity to have a Union representative present at such
questioning.
10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance
procedure under Article VII.
ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United State and Minnesota State
Constitutions.
ARTICLE XII. WORK SCHEDULE
12.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for by each
employee through:
a. Hours worked on assigned shifts;
b. Holidays;
c. Authorized leave time; and
d. Scheduled Training.
12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of
the assigned shift.
12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the Employer may assign employees.
ARTICLE XIII. OVERTIME
13.1 Employees will be compensated at one and one-half (1½) times the employee’s regular base pay
rate for hours worked in excess of the employee’s regularly scheduled shift. Changes of shifts do
not qualify an employee for overtime under this Article.
13.2 Overtime will be distributed as equally as practicable.
13.3 For the purpose of computing overtime compensation hours worked shall not be pyramided,
compounded or paid twice for the same hours worked.
13.4 Department training or meetings scheduled for four (4) hours or less will be compensated at the
overtime rate. If an employee desires to participate in a training course for which s/he is not
assigned, the officer may do so only with prior approval and shall be compensated on a straight
time basis for the time actually spent in the course.
13.5 Employees have the obligation to work overtime or call backs if requested by the Employer
unless unusual circumstances prevent the employee from so working.
13.6 Employees are entitled to compensatory time off when assigned work by the Police Chief or his
designee, in excess of the normal work shift. Employees shall have the option of compensatory
VIII-07
7
time off or pay at a rate of one and one-half (1½) for each hour worked, compensatory time off
may be banked by the employee to a maximum of eighty (80) hours. All employees must request
the use of compensatory time off in the same manner as they request vacation. If an employee is
terminated from employment he/she will be compensated for accumulated compensatory time
earned up to the above stated maximum. Documentation must be kept for all hours earned and
used, and must be approved by the Police Chief or his designee. Once an employee elects time
worked to be credited at compensatory time, the time must be used as compensatory time off and
shall not be paid for, except in the event of termination of employment.
13.7 Effective July 1, 2004, when an employee works overtime on Christmas Day, New Year’s Day,
4th of July, or Thanksgiving, the employee shall receive double time the rate of pay.
ARTICLE XIV. COURT TIME
An employee who is required to appear in court during his/her scheduled off-duty time shall receive a
minimum of three (3) hours pay at one and one-half (1½) times the employee’s base pay rate. An extension
or early report to a regularly scheduled shift for court appearance does not qualify the employee for the
three (3) hours minimum. If court is canceled less than 24 hours before the scheduled time, the employee
will receive three (3) hours’ of pay at straight time pay.
ARTICLE XV. CALL BACK TIME
An employee who is called to duty during his scheduled off-duty time shall receive a minimum of three (3)
hours pay at one and one-half (1½) times the employee’s base pay rate. An extension or early report to a
regularly scheduled shift for duty does not qualify the employee for the three (3) hours minimum.
ARTICLE XVI. WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authority of a higher job
classification for five (5) consecutive working days or more shall receive the salary schedule of the higher
classification.
ARTICLE XVII. VACATION
17.1 Vacation shall be accumulated on the following basis:
Years of Service Vacation Days Vacation Hours
1 5 40
2-5 10 96
6 . 11 104
7 12 112
8 13 120
9 14 128
10 15 136
11 16 144
12 17 152
13 18 160
14 19 168
15 20 176
20 25 200
17.2 All vacation pay shall be accrued, and in the event an employee’s employment is terminated for
VIII-07
8
any reason, the employee shall receive, upon their termination the vacation pay which they have
coming to them at that time on a pro-rata basis. No more than four consecutive weeks of vacation
can be taken at one time. In computing vacation pay, length of service shall be based upon the
anniversary date of the day an employee commences employment.
17.3 Vacation carry over maximums are set at the following:
0-5 years of employment 120 hours maximum
6-10 years of employment 180 hours maximum
11 years and longer of employment 300 hours maximum
ARTICLE XVIII. SICK LEAVE AND OTHER LEAVES OF ABSENCE
18.1 Sick Leave: All employees of the City shall be entitled to accumulate one day of sick leave for
each month of employment. Sick leave will be granted for employee sickness, on the job personal
injury, employee temporary physical disability and quarantine, or serious illness in the immediate
family (i.e. spouse and children) when the attending physician certifies that the employee’s
attendance and assistance to the member of the family who is ill is required. The Employer may
require a doctor’s certificate on any sick leave claim that exceed three (3) days in length.
18.2 Effective January 1, 1997, employees with sick leave balances in excess of 160 days (eight (8)
hours each) shall receive four (4) hours of sick leave (to be placed in a prolonged illness sick leave
bank) and four (4) hours of vacation for each month of employment. For employees who have
accumulated in excess of 160 days of sick leave, this Agreement shall start from the balance accrued
as of January 1, 1997 and shall not be retroactive.
18.3 Personal Leave: All employees of the City shall be entitled to four (4) shifts personal leave per
occurrence which shall not accumulate. Personal leave for purpose of this paragraph includes and
is limited to: Death in the immediate family, death of spouse, parent, brother, sister, child,
grandchild, grandparent, and spouse’s parent, brother, sister, child, grandchild, or grandparent.
18.4 Jury Duty: Employees’ subpoenaed as witnesses or called and selected for jury duty shall receive
their regular compensation and other benefits for their employment less the amount received by
them as jurors or witness fees.
18.5 Union Leave: The City agrees to grant the necessary time off without pay to any employee
designated to attend a labor convention or to serve in any capacity on other official Union business.
18.6 If an employee retires at age 65, or as otherwise provided by law, or is forced to retire due to
physical condition not allowing them to continue gainful employment, or voluntarily employment
with the City after due notice, with the consent of the City, but not if discharged or resigns by the
request of the City, all and in each case after ten (10) years of service, they will receive fifty percent
(50%) of unused sick leave and prolonged illness sick leave, based on their current hourly rate, as
severance pay of the first 160 days of accumulated sick leave.
18.7 All employees whose work week is other than regularly scheduled Monday through Friday, shall
receive a credit for 120 hours that shall be taken as additional vacation days. Employees scheduled
Monday through Friday shall receive an equal number of hours for holidays. These days must be
taken during the year in which they are earned. Employees shall ear 4.62 hours of holiday benefit
for each pay period or major fraction that the individual works during the contract year. For the ten
(10) holidays that follow, if worked, employees shall be compensated at 1½ times their wage rate:
VIII-07
9
New Year’s Day Presidents Day
Veterans Day Memorial Day
Thanksgiving Day July 4th
Friday after Thanksgiving Labor Day
Christmas Day Martin Luther King, Jr. Day
ARTICLE XIX. UNIFORM ALLOWANCE
19.1 Commencing January 1, 2006, clothing and equipment allowance for a new employee will be set
at $1,000 for the first calendar year. Equipment shall remain the property of the City until after the
twenty-fourth (24) month of employment. Upon termination of a probationary employee, all
clothing and equipment will be returned to the City of Hastings.
19.2 The Uniform Allowance shall be as follows:
For the years 2022-2023, the annual clothing and equipment allowance shall be Eight Hundred
Dollars ($800.00) and will continue the practice of replacing clothing damaged in the line of duty.
19.3 Any equipment purchased within two (2) years of an employee’s date of termination of
employment with the City of Hastings shall be returned to the employer.
19.4 Clothing and equipment purchases shall be subject to approval by the Police Chief.
ARTICLE XX. INSURANCE
HEALTH:
20.1 The City will agree to pay the cost of single health insurance coverage, if such coverage is elected
by the employee. Eligible employees may not waive single coverage.
20.2 The City will agree to contribute a percentage of premium as established by the City Council,
towards coverage other than single as offered by the City and elected by the Employee. For 2022-
2023 the City will contribute 70% towards the premium of family plans and 65% towards the
premium of employee plus spouse and employee plus child(ren) plans. Employees will be
responsible for paying the remaining percentage of the premium, which will be done through
payroll deduction
RETIREMENT HEALTH INSURANCE:
20.3 An employee hired prior to January 01, 1993, who is retiring from the City, with at least ten years
of employment and is at least 50 years of age, shall be entitled to City-paid health insurance for a
maximum of ten (10) years or until they reach the qualifying age of Medicare, whichever comes
first. Any eligible employee electing retirement will only be eligible for City-paid health insurance
if they provide four months prior written notification of their intent to retire. However, if due to
medical or personal reasons the employee wishes to retire prior to the four-month advance
notification requirement, and remain eligible for City-paid health insurance for a maximum of 10
years or until they reach the qualifying age of Medicare, the City Council may waive the four-
month notification, and may determine with the employee an appropriate retirement date. A request
to retire prior to the four-month advance notification requirement must be submitted in writing to
the City Administrator for consideration.
VIII-07
10
Effective January 1, 2000, a retiree (hired prior to 1993) eligible for paid health insurance coverage
until qualifying for Medicare will be required to be enrolled for family health insurance coverage
six (6) months prior to the date of retirement to be eligible for the City-paid family health care
coverage. In the event an eligible retiree does not enroll in family health coverage six (6) months
prior to their retirement date, the
City will only pay the premium for single coverage, and the retiree is responsible for the timely
payment of the difference between the single and family monthly premium.
Regular full-time employees hired after January 01, 1993 are not eligible for the paid early
retirement health insurance benefits. Employees hired after January 01, 1993, who are retiring,
may remain in Hastings’ group health insurance indefinitely, at their own expense. The employee
shall pay the City in advance on a monthly basis for the cost. The City will then remit payment to
the insurance company. When the former employee reaches age 65, the City may transfer the
former employee and covered dependents to a non-active employee pool. This indefinite
continuation is made available under Minnesota Statute 471.61, which is also known as Chapter
488.
LIFE:
20.4 All regular employees will also receive a Fifty Thousand Dollar ($50,000) Life Insurance Policy,
with the full cost of the premiums to be paid by the City.
LONG TERM DISABILITY:
20.5 The City will provide a long-term disability insurance policy with no cost to the employee, as
follows:
Eligibility: Each active, full-time employee who works a minimum of thirty (30) hours per week,
except temporary employees.
Qualifying Period: Benefits accrue with respect to any one period of total disability after the
expiration of a qualifying period of three (3) consecutive months.
Benefit Period: Monthly benefits are payable during the continuance of total disability as follows,
but in no event are benefits payable beyond the attainment of age 65.
a.) Total disability due to sickness to age 65.
b.) Total disability due to accident to age 65.
Monthly Schedule Amount: Sixty percent (60%) of normal monthly earnings to a maximum benefit
of Five Thousand Dollars ($5,000.00).
ARTICLE XXI. INJURED ON DUTY
21.1 Employees injured while on duty will receive full pay for a maximum of ninety (90) working days
while unable to work due to such injury. The first three (3) days lost due to an injury on duty, will
be charged to the employee’s sick leave account. An employee with no sick leave accumulated
will not receive payment for the first three (3) working days lost.
21.2 Any compensation payable to the employee under Worker’s Compensation insurance will be
reported to the Employer. The Employer shall make supplementary payments to the employee (not
to be charged to the employee’s accumulated sick leave) to make up the difference between
VIII-07
11
Worker’s Compensation and his normal rate of pay.
21.3 Any employee who claims an absence from work due to an injury sustained on the job shall
provide if requested by the employer, a statement from the employee’s attending physician as to
the nature of the injury.
21.4 Any employee who claims an absence from work due to an injury sustained on the job is subject
to an examination to be made on behalf of and paid for by the Employer by a person competent to
perform the same and as designated by the Employer.
ARTICLE XXII. WAGES
22.1 Wages shall be adjusted as follows:
C1assiflcation-Sergeant
January 1, 2022 January 1, 2023
3.0% COLA 3.0% COLA
Base Pay Rate $50.97/hour ($8,834.80/month) $52.50/hour ($9,100.00/month)
Retro pay is only paid to current City employees. The City and Union agree to a reopener of this
Section 22.1 Base Pay Rate upon completion of the pending Compensation and Classification Study
with the intent of beginning implementation of the Compensation & Classification Study with an
effective date of no later than July 1, 2022.
22.2 Supervisors assigned to investigations shall be compensated at a rate of $150.00 per month above
the classification base pay rate.
22.3 Longevity:
The longevity schedule shall be as follows:
5 years of continuous employment: 1% of salary per month;
10 years of continuous employment: 2% of salary per month;
15 years of continuous employment: 3% of salary per month
22.4 Shift Differential:
a. Any employee that works during the hours of 6:00 p.m. and 6:00 a.m. will receive
payment of an additional $0.85 per hour for each hour worked. (Effective January 1,
2022)
b. Any employee that works during the hours of 6:00 p.m. and 6:00 a.m. will receive
payment of an additional $1.00 per hour for each hour worked. (Effective January 1,
2023)
22.5 Instructor Pay:
Any employee that works as a Use of Force instructor in firearms, ALICE, less than lethal, taser,
and defensive tactics will be paid at a differential of .5 their hourly rate for each hour spent
instructing.
VIII-07
12
ARTICLE XXII. FIELD TRAINING OFFICER (FTO)
While in the position of Field Training Officer (FTO) the employee will accrue per shift seventy-five
cents (.75¢) per hour or have the choice of getting three (3) hours compensatory time.
ARTICLE XXIV. WAVIER
24.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms
and conditions of employment, to the extent inconsistent with the provisions of this Agreement,
are hereby superseded.
24.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement,
each had the unlimited right and opportunity to make demands and proposals with respect to any
term or condition of employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this agreement for the stipulated
duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly
waives the right to meet and negotiate regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or condition of employment
not specifically referred to or covered by this Agreement, even though such terms or conditions
may not have been within the knowledge or contemplation of either or both of the parties at the
time this Agreement was negotiated or executed.
VIII-07
13
ARTICLE XXV. DURATION
This Agreement shall be effective as of the first day of January, 2022 and shall remain in full force and
effect until the thirty-first day of December, 2023.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON
THIS DAY OF , 2022.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
SERVICES, INC. UNION,
LOCAL NO. 462
Mary D. Fasbender, Mayor Kevin McGrath, Business Agent
Dan Wietecha, City Administrator Kyle Linscheid Union Steward
______________________
Kelly Murtaugh, City Clerk
VIII-07
14
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is between City of Hastings (Employer) and the Law Enforcement Labor
Services Inc., Union, Local No. 462 Sergeants Bargaining Unit) (Union), as it pertains to the Labor Agreement
between the Employer and the Union effective January 1, 2022 until December 31, 2023.
WHEREAS, the City of Hastings (hereinafter “City”) and Law Enforcement Labor Services Inc., Union,
Local No.4620 (hereinafter “Local4620) representing the Police Sergeants, hereby agree to the following:
Upon honorable separation from employment one hundred percent (100%) of employee’s sick leave
severance pay will be applied to MN State Retirement System (MSRS) Post-Retirement Health Care Savings
Account.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
SERVICES INC.’ UNION, LOCAL NO.
462
Mary D. Fasbender, Mayor Kevin McGrath Business Agent
Dan Wietecha, City Administrator Kyle Linscheid, Union Steward
______________________
Kelly Murtaugh, City Clerk
VIII-07
Memorandum of Understanding: Mandatory Physical Fitness Test
This Memorandum of Understanding (hereinafter, “MOU”) is entered into between the City of Hastings,
(hereinafter, “City”) and Law Enforcement Labor Services, Inc., Local 462 (hereinafter, “Union”), on
behalf of the Police Sergeants bargaining unit.
Whereas, the City and Union are parties to a 2022-2023 collective bargaining agreement (“CBA”), which
contains no negotiated language over a mandatory physical fitness test.; and
Whereas, the City intends to implement a mandatory physical fitness testing program; and
Whereas, the parties agree the implementation of a mandatory physical fitness testing program in a
mandatory subject of bargaining, and
NOW THEREFORE BE IT RESOLVED that the parties hereto agree as follows:
1.There will be a mandatory physical fitness test one time each year. Employees may be
offered the opportunity for re-tests later in the year but the re-test will not be mandatory.
2.Employees will be given a pre-test health screening. This screening will consist of a number of
“yes” or “no” questions. The screening questionnaire will not be disclosed to the employer. The
officer can keep the screening questionnaire for their records. Employees answering “yes” to any
questions on the questionnaire are encouraged to visit their doctor to assess their ability to take
the physical fitness test. Employees will be given two (2) hours of 2080 time to meet their doctor
when a basic form of appointment verification is provided to the employer.
3.An employee not able to participate in the test will inform the Employer and provide a doctor’s
slip. The Employee will inform the employer when, if ever, they can take the test. If the test
needs to be modified to accommodate an employee’s medical condition, the employee will
inform the employer of such accommodation as directed by a physician or other licensed medical
authority. An employee not able to participate in the test due to their doctor’s assessment or
needs an accommodation shall not be disciplined or ordered to submit to a fitness for duty exam.
4.. For purposes of assessing employees, the Concept 2 Rower and Concept 2 Rower Calculator will
be used. The Concept 2 Rower engages both the upper and lower parts of the body, inducing the
same physiological response in everyone, regardless of athleticism, and does not place any impact
on the joints. As a metabolic exercise machine, it is more accurate in demonstrating someone’s
ability to perform in a full body incident such as a fight or other high demand event.
5.Employees will attain a minimum standard of 70% based on a 2000-meter row. This minimum
requirement is based on an individual’s age, gender, and weight.
6.An employee not meeting the goals above shall not be disciplined, nor ordered to submit to a
fitness for duty exam. Every employee will identify their own personal health and/or fitness
goals for the purpose of measuring and establishing improvement.
7.In order to further the department’s goal of physical fitness, employees will be allowed up to ten
(10) hours of 2080 time to engage in physical fitness training activities at the Hastings Police
facility and the department will not change its current work policy.
VIII-07
IN WITNESS whereof the parties hereto have hereunto set their hands the date and year affixed below.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
SERVICES, INC., LOCAL NO. 462
Approved by the Hastings City Council: Approved by LELS Membership:
Mary D. Fasbender, Mayor Kevin McGrath, Business Agent
Dan Wietecha, City Administrator Kyle Linscheid, Union Steward
Kelly Murtaugh, City Clerk
VIII-07
1
Memorandum of Understanding: Mental Health Program
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Hastings
(“City”) and Law Enforcement Labor Services, Inc., Local 462 (“Union”), on behalf of the Police
Sergeants bargaining unit, for the purpose of establishing guidance for an employee mental health
program. The City and Union shall collectively be referred to as “the Parties.”
WHEREAS, the Hastings Police Department (“Police Department”) recognizes that,
during the course of performing their job duties, Police Department employees may become
involved in or exposed to incidents that have the potential to cause various forms of short or long-
term emotional and psychological trauma; and
WHEREAS, the Police Department is committed to supporting the mental health of all its
employees by providing them with resources that will help ensure stability and longevity in the
personal and professional lives of each employee; and
WHEREAS, the Police Department desires to provide employees with cost-free mental
health services from a qualified mental health professional that specializes in working with public
safety employees; and
WHEREAS, the City and Union are parties to a 2022-2023 collective bargaining
agreement (“CBA”) which does not contain any negotiated language over the establishment or
participation of Police Department employees in a mental health program; and
WHEREAS, the Parties agree that the establishment and implementation of a mandated
mental health program is the subject of bargaining; and
NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals,
the Parties hereby agree as follows:
1. Definitions.
a.Approved Mental Health Provider. A provider who has the following
qualifications: (1) a licensed mental health professional, (2) demonstrated
experience in counseling emergency services personnel, (3) received approval by
representatives of the applicable labor groups and police administration, and (4) has
an established contract with the Police Department.
i.For purposes of this definition, “applicable labor groups” includes those
representing the police officers and police sergeants.
2.Procedure. The annual mental health check-in program provides Police Department
employees with access to a qualified mental health professional. The program is
administered under the following guidelines:
VIII-07
2
a. The program is mandatory for both sworn and civilian full-time and regular part-
time Police Department employees.
b. Eligible employees must complete at least one (1) annual appointment with the
Police Department’s approved mental health provider.
c. When an employee attends an appointment with the approved mental health
provider, the cost of the appointment will be paid by the City.
d. Mental health appointments will be scheduled throughout the calendar year at times
and locations agreeable to the Police Department and the approved mental health
provider. Agreed upon times will be established and posted, generally with a
minimum of 30 days’ notice. Available dates will be posted at the Police
Department and will be assigned on a first come, first serve basis. Employees may
schedule their mental health appointment directly with the approved mental health
provider.
e. The Police Department agrees to allow employees the necessary time away from
their scheduled work duties to attend the mental health appointment, without loss
of pay or deduction of leave.
f. In the event the mental health appointment must be scheduled when an employee
is off duty, the employee will be compensated at straight time rate of pay for the
appointment and travel to and from the appointment.
g. This mental health program is not a replacement for existing Police Department or
City programs, including, but not limited to, the Critical Incident Stress Debriefing
or the Employee Assistance Program.
3. Mental Health Program Committee. The Police Department shall establish a committee
responsible for implementing and managing a mental health appointment and any related
programs. The Union Stewards from the applicable bargaining units shall be the
representative of their respective bargaining unit. Functions of the committee shall also
include, but are not limited to, the following:
a. Provide input and assistance in the development and implementation of programs
related to mental health.
b. Make recommendations on the type and content of mental health awareness and
related programs, services, or training.
c. Distribute applicable mental health related information to employees.
d. Evaluate the overall effectiveness of programs related to mental health.
VIII-07
3
e. Evaluate and recommend approved mental health providers to Police Department
administration.
f. Participation in the Committee shall not be considered negotiation by the
bargaining unit.
4. Confidentiality. The communication between the evaluator and member is privileged and
therefore the Police Department considers all mental health appointments, communication
during the appointment, and any recommendations as confidential in accordance with the
applicable federal and state privacy laws. The approved mental health provider shall be
prohibited from sharing any employee information other than confirming with the Police
Department that an employee was compliant with the program’s directive by the end of
each year.
5. Follow Up Visits. If an employee or the mental health provider feel that services beyond
the one (1) required appointment would be needed or beneficial for the employee, the
mental health provider may create a referral at the employee’s discretion. These additional
appointments are not mandatory. If the employee wishes to schedule follow up
appointments with the mental health provider, the employee may schedule those
appointments directly with the mental health provider.
a. The Police Department will pay for up to six (6) total appointments with the
approved mental health provider for each employee per year. After the six (6)
appointments, the employee is responsible for the payment of any further
appointments; employees are encouraged to utilize their Health Insurance or
Healthcare Reimbursement Account for any desired additional services or
appointments.
6. Verification: For billing purposes, an employee from the bargaining unit who is scheduling
any appointments with the mental health provider within parameters of this MOU, shall
submit in writing a statement of “A member of LELS Local No. 462 has scheduled an
appointment with Marie Ridgeway and Associates during the week of…” The letter shall
be sent through interdepartmental mail to the designated HR representative without any
identifying information of which member is receiving services, to protect confidentiality.
[The Remainder of this Page Intentionally Left Blank]
VIII-07
4
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by its duly
authorized representatives.
CITY OF HASTINGS LAW ENFORCEMENT LABOR
sSERVICES, INC., LOCAL NO. 462
Approved by the Hastings City Council: Approved by LELS Membership:
Mary D. Fasbender, Mayor Kevin McGrath, Business Agent
Dan Wietecha, City Administrator Kyle Linscheid, Union Steward
Kelly Murtaugh, City Clerk
VIII-07
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Bryan D. Schafer, Chief of Police
Date: January 3rd, 2022
Item: Sale of Surplus Property
Council Action Requested:
Declare vehicle as surplus property and authorize for public sale.
Background Information:
The City of Hastings currently has one forfeited vehicle seized through forfeiture proceedings. This
vehicle has been cleared for sale/destruction with the proceeds to be applied to the Department's
forfeiture account in accordance with Minnesota law. Upon declaration of the vehicle as excess/surplus
property, it will be made available for public sale via a commercially available online auction service or
destroyed. The following vehicle is to be declared surplus/excess property and authorized for
sale/destruction:
1981 Honda MC JH2PC010XBM210323 Forfeiture
Financial Impact:
Positive financial impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
None
VIII-08
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Bryan D. Schafer, Chief of Police
Date: January 3, 2022
Item: Donation to Hastings Police Department
Council Action Requested:
Accept donation of $100.00 from Arlan and Vicky Baukol
Background Information:
To show support for the work and dedication of the men and women of the Hastings Police Department,
The Baukols ask that you accept this check for $100.00.
Financial Impact:
Positive budgetary impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
• Thank You
VIII-09
Adopted this 3rd day of January 2022,
_______________________________
Mary Fasbender, Mayor
Attest:
_____________________
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 01- -22
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION O
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Arlan and Vicky Baukol, have donated to the Hastings Police
Department a check for $100.00; and
WHEREAS, this donation will be used to support police operations; and
WHEREAS, the City Council is appreciative of the donation and commends
the Baukols for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the donation is accepted and acknowledged with gratitude; and
2.That the donation will be appropriated for the Hastings Police Department as
designated; and
3.That the appropriate budget adjustments be made.
VIII-09
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh
Date: January 3, 2022
Item: 2022 - 2023 Commercial Waste Haulers’ License Renewals
Council Action Requested:
Adopt the attached resolution approving three 2022 - 2023 Commercial Waste Haulers’ License
Renewals.
Background Information:
City Ordinance 50.07 states that commercial waste haulers’ licenses expire December 31 of the
odd year, regardless of when the license was first issued. The two-year licensing period for a
commercial waste hauler starts on January 1 of an even numbered year through December 31 of
the following odd numbered year.
The City has received and reviewed applications for commercial waste haulers’ license renewals
for the January 1, 2022 - December 31, 2023 licensing period. Approvals and issuance of licenses
are contingent upon the City receiving all required forms, documents and license fees.
Financial Impact:
All associated fees have been paid or will be paid prior to issuance of a license.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-10
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 01 - -22
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HASTINGS
APPROVING 2022 – 2023 COMMERCIAL
WASTE HAULER LICENSE RENEWALS
WHEREAS, the City has received and reviewed applications for renewal of
commercial waste haulers’ licenses; and
WHEREAS, approval and issuance of licenses are contingent upon the City
receiving all required forms, documents and license fees.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Hastings that the following commercial waste haulers’ license renewals are approved for
the January 1, 2022 - December 31, 2023 licensing period.
Keith Krupenny & Son
Disposal Service, Inc 1214 Hall Avenue West St. Paul, MN 55118
Lightning Disposal and
Nitti Sanitation, Inc 10730 Biggs Dr, Suite B Inver Grove Heights, MN 55077
Mac’s Rolloff Service,
Inc P.O. Box 20695 Bloomington, MN 55420
VIII-10
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 3rd
DAY OF JANUARY 2022.
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
VIII-10
CITY OF HASTINGSDAKOTA COUNTY, MINNESOTA
RESOLUTION 01- -22
A RESOLUTION DESIGNATING THE OFFICIAL BANKING DEPOSITORIES AND APPOINTING FINANCE MANAGER AS DESIGNATED AUTHORITY FOR APPROVAL
WHEREAS, State of Minnesota Statutes § 118 sets forth the procedures for the deposit
of Public Funds and it is policy of the Hastings City Council to authorize the Finance Manager toannually designate a bank as the official depository for the city funds and manager the collateralpledged to such funds; and
WHEREAS, Merchants Bank of Hastings is now the official depository; and
WHEREAS, State of Minnesota Statues § 118 sets forth the requirements for theDesignation of Depositories, and the insuring and/or securing of deposits; and
WHEREAS, it has also been the policy of the Hastings City Council to delegate the
authority to the Finance Department to designate the official depositories for banking needs andfor investment purposes; and
NOW, THEREFORE BE IN RESOLVED, that the Hastings City Council does hereby
delegate the authority to the Finance Manager to designate the necessary investment depositories
for 2022; and
BE IT FURTHER RESOLVED, that the Finance Manager or the Finance Manager’sdesignee of the City of Hastings is hereby designated as the approval authority for the acceptance
and release of all collateral to be held in conjunction with city funds on deposit with authorized
instructions.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 3RD
DAY OF JANUARY, 2022.
______________________________
Mary Fasbender, Mayor
ATTEST:
_____________________________________Kelly Murtaugh, City Clerk
VIII-11
CITY OF HASTINGSDAKOTA COUNTY, MINNESOTA
RESOLUTION 01- -22
A RESOLUTION ALLOWING ELECTRONIC FUNDS TRANSFER TRANSACTIONS
WHEREAS, the banking industry has promoted electronic funds transfer to reduce papertransactions, move resources more rapidly and respond to customer demands; and
WHEREAS, Minnesota State Statute §471.38 subdivision 3 defines electronic fundstransfer as the process of value exchange via mechanical means without the use of checks, drafts,or similar negotiable instruments; and
WHEREAS, Minnesota State Statues §471.381 states that payment of claims,
obligations and investment transactions of a statutory city may be made by warrant, check, or allforms of electronic or wire funds transfer and that a statutory city may accept payment by use ofa credit card, debit card, or all forms of electronic or wire funds transfer; and
WHEREAS, the Hastings City Council acknowledges this technology and the need for
electronic fund transfer transactions both coming into and going out of the city bank andinvestment accounts; and
NOW, THEREFORE BE IT RESOLVED, the City of Hastings Finance Manager and
Senior Accountant or Finance Manager Designee may accept and make payment by electronic
funds transfer and wire transfer provided that these electronic funds transfer and wire transfertransactions meet all of the required policies of the financial institutions the City of Hastingstransacts with.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS
3RD DAY OF JANUARY, 2022.
______________________________Mary Fasbender, Mayor
ATTEST:
_____________________________________Kelly Murtaugh, City Clerk
VIII-12
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: January 3, 2022
Item: Appoint Arts Task Force Members
Council Action Requested:
The City Council is asked to make the following appointments to the Arts Task
Force:
Caitlin Duncan
Barb Hollenbeck
Michael Kelly
Travis Lockwood
Deirdre McGinn, Student Member
Dennis Peine
Steven Read
Katie Walt
Background Information:
Following a community-driven proposal to create an Arts Commission, Council
referred the matter to the Planning Committee for discussion and recommendation.
The Planning Committee recommended to revive the Arts Task Force to explore
the need for a commission and create a short-term public art workplan. A call for
applications resulted in 18 candidates expressing initial interest in participating in
the task force. Eleven candidates were scheduled for interviews. Seven members,
plus one student member, were selected to serve on the Arts Task Force. The
kick-off meeting for the task force will be in January.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
VIII-13
Council Committee Discussion:
The Planning Committee recommended reviving the Arts Task Force, approved by
City Council October 18, 2021.
Attachments:
▪ Task Force Applications
VIII-13
V
I
I
I
-
1
3
V
I
I
I
-
1
3
Advisory Commission & Task Force Interest Form
The City of Hastings encourages active participation of its residents. City Advisory Commissions and Task
Forces are two ways in which residents can take a participatory involvement in the planning,
development, and preservation of our growing and historical community. Thank you for your interest
in serving on an advisory commission or task force. Information about these opportunities is available
on the City’s website at https://www.hastingsmn.gov/city-government/commissions-task-forces.
Commission (Please indicate your interest) Questions? Contact 651-480-2350 or the person (s) below Charter Dan Wietecha dwietecha@hastingsmn.gov
Hastings Economic Development & Redevelopment Authority John Hinzman (HEDRA) Jhinzman@hastingsmn.gov
Heritage Preservation Commission Justin Fortney (HPC) Jfortney@hastingsmn.gov
Parks & Recreation Chris Jenkins (PRC) Cjenkins@hastingsmn.gov
Planning John Hinzman (PC) Jhinzman@hastingsmn.gov
Public Safety Bryan Schafer (PSAC) bschafer@hastingsmn.gov
Arts Task Force Kelly Murtaugh kmurtaugh@hastingsmn.gov
Other/ no Preference Dan Wietecha Dwietecha@hastingsmn.gov
To help us have a better understanding of your interests and background, we ask for some general
information. Please complete and sign the application.
Name
Address
Day Phone
Evening Phone
E-mail
How long have you lived in Hastings?
Barbara Hollenbeck212 2nd St E Hastings
651-438-7949
651-795-9809
barb-hollenbeck@comcast.net
I have lived here since1999
VIII-13
City of Hastings Page 2 of 2 Advisory Commission Interest Form
Please share why you are interested in becoming involved with a City commission or task force.
Supplemental Information
Employer:
Occupation:
What experience would you bring to the C ommission or
Task Force?
Please return to: City of Hastings City Use
101 Fourth Street East OR via email to the Date Received: Hastings, MN 55033 Commission contact Forwarded to:
§ 31.36 PUBLIC DISCLOSURE.
(A) Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form
approved by the City Council and which must contain, at a minimum, the following information:
(1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with
or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in
which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan;
(2) A description of all parcels of real property, other than property occupied by the public official as a personal residence,
in which the public official has any interest, including the right to occupy any such property; and
(3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be
considered an interest of the public official for purposes of filing the statement required.
(B) Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure
required by this section.
(1) Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest to
its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials
shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall
thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the years
in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004)
(2) This subchapter shall not be construed to require the filing of any information relating to any person’s connection with any
professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not
conducted as a business enterprise.
(3) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall
furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council
when any person, who is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81)
I want to contribute to improve and help the City of Hastings grow and develop.
SC Toys
Business Owner and Manager of SC Toys
I have been in business in downtown Hastings for 25 years.I was a Hastings City Councilmember for 8 yearsI served on the Hastings Planning Commission for 6 yearsAlso served on The United Way of Hastings Board and the Hastings AreaChamber of Commerce Board and currently serving on the Hastings Tourism Board.
I believe my experience working with a variety of organizations and city government gives me a unique skill set in setting goals and achieving them.
I have a passion for volunteerism and have served on many organizations within the City of Hastings.I have a deep interest in growing and developing the Arts in the City of Hastings. I see the Arts as a way to enrich lives while adding economic and Tourism opportunites to the area.
VIII-13
V
I
I
I
-
1
3
V
I
I
I
-
1
3
V
I
I
I
-
1
3
V
I
I
I
-
1
3
Advisory Commission & Task Force Interest Form
The City of Hastings encourages active participation of its residents. City Advisory Commissions and Task
Forces are two ways in which residents can take a participatory involvement in the planning,
development, and preservation of our growing and historical community. Thank you for your interest
in serving on an advisory commission or task force. Information about these opportunities is available
on the City’s website at https://www.hastingsmn.gov/city-government/commissions-task-forces.
Commission (Please indicate your interest) Questions? Contact 651-480-2350 or the person (s) below Charter Dan Wietecha dwietecha@hastingsmn.gov
Hastings Economic Development & Redevelopment Authority John Hinzman (HEDRA) Jhinzman@hastingsmn.gov
Heritage Preservation Commission Justin Fortney (HPC) Jfortney@hastingsmn.gov
Parks & Recreation Chris Jenkins (PRC) Cjenkins@hastingsmn.gov
Planning John Hinzman (PC) Jhinzman@hastingsmn.gov
Public Safety Bryan Schafer (PSAC) bschafer@hastingsmn.gov
Arts Task Force Kelly Murtaugh kmurtaugh@hastingsmn.gov
Other/ no Preference Dan Wietecha Dwietecha@hastingsmn.gov
To help us have a better understanding of your interests and background, we ask for some general
information. Please complete and sign the application.
Name
Address
Day Phone
Evening Phone
E-mail
How long have you lived in Hastings?
VIII-13
City of Hastings Page 2 of 2 Advisory Commission Interest Form
Please share why you are interested in becoming involved with a City commission or task force.
Supplemental Information
Employer:
Occupation:
What experience would you bring to the C ommission or
Task Force?
Please return to: City of Hastings City Use
101 Fourth Street East OR via email to the Date Received: Hastings, MN 55033 Commission contact Forwarded to:
§ 31.36 PUBLIC DISCLOSURE.
(A) Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form
approved by the City Council and which must contain, at a minimum, the following information:
(1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with
or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in
which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan;
(2) A description of all parcels of real property, other than property occupied by the public official as a personal residence,
in which the public official has any interest, including the right to occupy any such property; and
(3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be
considered an interest of the public official for purposes of filing the statement required.
(B) Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure
required by this section.
(1) Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest to
its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials
shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall
thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the years
in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004)
(2) This subchapter shall not be construed to require the filing of any information relating to any person’s connection with any
professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not
conducted as a business enterprise.
(3) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall
furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council
when any person, who is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81)
VIII-13
V
I
I
I
-
1
3
V
I
I
I
-
1
3
V
I
I
I
-
1
3
V
I
I
I
-
1
3
V
I
I
I
-
1
3
V
I
I
I
-
1
3
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh
Date: January 3, 2022
Item: 2022 Massage Therapy License Renewal for Ann Streeter
Council Action Requested:
Adopt the attached resolution approving the 2022 Massage Therapy License Renewal for Ann
Streeter.
Background Information:
Ann Streeter completed the necessary paperwork and passed the background check conducted by
Hastings Police Department for a Massage Therapy License. Ms. Streeter practices at 1110 N.
Frontage Road.
Massage Therapy Licenses expire December 31.
Financial Impact:
Approvals and issuance of the license is contingent upon the City receiving the prorated license
fee.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-14
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 01 - - 22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A MASSAGE THERAPY LICENSE RENEWAL FOR
ANN STREETER
WHEREAS, Ann Streeter has made application for a Massage Therapy License Renewal
and passed the background check conducted by Hastings Police Department; and
WHEREAS, Ms. Streeter intends to practice out of 1110 N. Frontage Road; and
WHEREAS, approval and issuance of the license is contingent upon the City receiving
the prorated license fee; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings
that Ann Streeter’s massage therapist license be renewed for the period ending December 31,
2022, unless revoked by City Council.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 3rd
DAY OF JANUARY 2022.
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
VIII-14
City Council Memorandum
To: Mayor Fasbender and City Council Members
From: Bryan D. Schafer, Chief of Police
Date: January 3, 2022
Item: Law Enforcement and Community Services Coordinated Response JPA
Council Action Requested:
Approve the JPA between Hastings and Dakota County for Crisis Response
Background Information:
The purpose of the Pilot project is to explore and implement a more coordinated response between law
enforcement and Dakota County Community Services in addressing mental health crisis response. This
is particularly important when there is a need for specific services and programs that are provided by
Dakota County. While the Hastings Police Department has already been collaborating with the County
since 2019, this allows us to continue this collaboration until which time we transition to a permanent
service model that will be memorialized between the parties in a future agreement.
The attached agreement has been reviewed and approved of by City Attorney, Korine Land.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Joint Powers Agreement
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
1
JOINT POWERS AGREEMENT A M E N D M E N T
BETWEEN CITY OF HASTINGS AND DAKOTA COUNTY
FOR LAW ENFORCEMENT AND COMMUNITY SERVICES
COORDINATED RESPONSE PILOT
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Hastings, by and through its City Council and Police Department (Law Enforcement), 150 3rd St E.
Hastings, MN 55033 (hereinafter "City") and Dakota County, by and through its Community Services
Department (DCCS), 1 Mendota Road W., West St. Paul, MN 55118 (hereinafter “County”).
WHEREAS, pursuant to the provisions of Minn. Stat. § 471.59, City and County are authorized
to enter into an agreement to exercise jointly or cooperatively governmental powers common to each
and to permit one governmental entity to perform services or functions for or with another
governmental unit; and
WHEREAS, mental health crisis response is required to be provided by City and County in
accordance with applicable federal and state laws, statutes, rules and regulations; and
WHEREAS, City desires to receive services from County to assist people who need such
services on a prompt basis to protect their health, safety, and welfare.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed,
by and between the parties as follows:
1. PURPOSE.
The purpose of the Pilot project (“Pilot”) is to explore and implement a more coordinated
response by the parties to address increased law enforcement involvement where there may be
an underlying need for coordination of services and programs offered by County. The
implementation will take place utilizing a Community Services Resource Coordinator
(Coordinator) position. Throughout the Pilot, the parties will continue to develop and evaluate
effective and timely service models. The goal of the Pilot is to assist Law Enforcement to
transition to permanent service models that will be memorialized between the parties in a future
agreement.
2. TERM.
This Joint Powers Agreement will become effective on the date that the Agreement has been
executed by City and County, through 12:00A.M. on June 30, 2022 and unless terminated
earlier in writing. This Agreement may be terminated with or without cause by either City or
County upon ninety (90) days' written notice to the other party to this Agreement.
Notwithstanding the above, City may immediately terminate this Agreement at any time if the
health, safety, or welfare of any person receiving services or entitled to receive services under
this Agreement is at risk because of the actions or inaction of County.
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
2
3. AUTHORIZED REPRESENTATIVE.
The named persons, in the positions stated below, or their successors in title, are designated the
Authorized Representatives of the parties for purposes of this Agreement. Notifications required
to be provided by the terms of this Agreement, invoices to be submitted and payments made,
shall be provided to the following named persons unless otherwise stated in this Agreement:
TO COUNTY: TO CITY:
Emily Schug Bryan Schafer, Chief of Police
Deputy Director Social Services Hastings Police Department
Emily.Schug@co.dakota.mn.us BSchafer@hastingsmn.gov
(651) 554-6316 (651) 480-2306
4. COUNTY'S RESPONSIBILITIES.
County will:
A. Provide and supervise the Coordinator who has, a minimum, a bachelor’s degree in
Corrections, Criminal Justice, Sociology, Psychology, Social Work, or related human
services field with one-year professional experience in Corrections, Social Services, or
Human Services and progressive experience in project management. This position does
not involve the provision of direct treatment services, mental health diagnostic
assessments, or treatments. It is a resource referral and coordination position as
described herein.
The Coordinator will:
1. Provide over-all Pilot administration, coordination and assessment;
2. Educate law enforcement on mental health crisis and emergency services offered
by Dakota County Social Services (DCSS), including the roles and
responsibilities of the 24 hour, seven days a week, Crisis Response Unit (CRU)
and on-going mental health services and programs;
3. Educate law enforcement on other services and programs offered by County that
could benefit individuals/households who come into contact with law
enforcement;
4. Work with law enforcement (as directed by the assigned DCSS case manager
and/or CRU staff) in providing a timely follow-up contact with the
individual/household after a crisis/emergency mental health call or crisis
intervention to educate on resources offered by DCSS in accordance with Minn.
Stat. §§ 256B.0624 and 256B.0944;
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
3
5. Assist law enforcement in outreach to determine if the individual/household is
interested in voluntarily working with DCSS mental health professionals and
law enforcement in developing a mental health crisis response plan accessible
through the CRU 24/7 in an emergency as permitted by Minn. Stat. § 13.46,
subd. 2(a)(10);
6. Work with law enforcement in providing a timely follow-up contact with the
individual/household to determine if the individual/household is interested in
and/or eligible for other services and programs offered through County or other
community-based organizations, including networking outreach to potential
community resources and service providers
7. Create procedures to guide work for the duration of the Pilot;
8. Coordinate the Pilot evaluation pursuant to Section 8;
9. Coordinate with Pilot projects in other jurisdictions; and
10. Continue problem solving with law enforcement and other stakeholders to
identify proposed solutions with the goal of creating a permanent service model
that may be replicated in other jurisdictions.
B. In support of the pilot, County will:
1. Provide necessary resources to support the Coordinator with equipment and
training to facilitate Pilot activities;
2. Supervise the Coordinator;
3. Facilitate connection and “warm handoffs” to the various services and programs
within County and to community resources and service providers; and
4. Maintain a database of evaluation data and report summary data to all partners.
C. County shall participate in meetings between City and County staff members to review
the services provided pursuant to the Agreement.
5. CITY'S RESPONSIBILITIES.
City will:
A. Identify and dedicate resources to:
1. Work with the Coordinator for Pilot administration, coordination and
assessment;
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
4
2. Coordinate education of officers and other law enforcement staff about the Pilot
and DCSS programs and services including the role and responsibilities of the
CRU;
3. Educate and train the Coordinator and any other participating DCSS staff on law
enforcement’s response to crisis and emergency service calls, including the role
and responsibilities of law enforcement;
4. Identify individuals/households to the Coordinator who may benefit from the
Pilot;
5. Work with the Coordinator, the CRU and DCSS mental health professionals to
provide timely follow-up with the individual/household as provided in Section 4;
6. Work with the Coordinator, the CRU and DCSS mental health professionals to
develop the crisis response plan as provided in Section 4;
7. Work with the Coordinator to create procedures to guide work for the duration
of the Pilot;
8. Work with the Coordinator in the Pilot evaluation pursuant to Section 8; and
9. Continue problem solving with the Coordinator and other stakeholders to
identify proposed solutions with the goal of creating a permanent service model
that may be replicated in other jurisdictions.
B. Provide a work space, equipment and necessary internet and other connections.
6. JOINT RESPONSIBILITIES.
The parties will jointly:
A. Meet regularly during the term of the Pilot to review and evaluate performance
objectives and provide guidance to staff.
B. Facilitate relationship-building with community agencies, treatment providers,
Community Corrections, hospitals and community-based service providers to enhance
understanding and reduce barriers to providing services to individuals with complex
service needs.
C. Attend and/or organize relevant trainings conducted by DCSS or other agencies.
D. Commit to training on policy and procedures for the Pilot and for use of the CRU.
E. Attend joint Co-Response project meetings convened to discuss countywide
CoResponse trainings and programs as well as attend any countywide trainings or
programs.
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
5
7. OVERSIGHT AND IMPLEMENTATION.
Steering Committee. The Pilot will be overseen by a Steering Committee comprised of the
DCSS Director or Deputy Director, and chief of police from the City of Hastings. One
additional member from the City and County shall be designated by each jurisdiction to
participate in the Steering Committee, and others may be invited to attend meetings and assist
with collaborative planning, implementation, and evaluation activities. The role of the Steering
Committee is to provide strategic vision, structure and oversight of the Pilot. The
responsibilities of the Steering Committee include:
A. To provide strategic oversight for the Pilot, including defining scope, priority, desired
results and key deliverables;
B. To serve as “champions” for the Pilot, garnering support, removing obstacles, and
resolving escalated issues;
C. To obtain and allocate resources to support the design, implementation and evaluation of
the Pilot throughout its duration;
D. To provide feedback and decisions in response to recommendations from the system
stakeholders;
E. To monitor and evaluate the Pilot progress;
F. To designate key subject matter experts, as needed, to support specific components of
the Pilot planning, design or operations;
G. To designate staff to oversee and manage day-to-day activities and implement the
strategic operations of the Pilot; and
H. To ensure strategic alignment and support Pilot success.
8. EVALUATION.
The Pilot will be evaluated according to an evaluation design, led by the Dakota County Office
of Performance and Analysis, that is collaboratively developed by the parties. DCCS will have
the lead role in collecting and analyzing data and will present summary data to the parties,
along with a summary of Pilot activities due on the last day of the month following the end of
the 2021 full year term.
All Pilot evaluation data will be reported as summary data.
9. INDEPENDENT CONTRACTOR.
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
6
It is agreed that nothing contained in this Agreement is intended or should be construed as
creating the relationship of agents, partners, joint venturers, or associates between the parties
hereto or as constituting either County as the employee of the City for any purpose or in any
manner whatsoever. County is an independent contractor and neither it, nor its employees,
agents, or representatives, are employees of City.
10. LIABILITY AND INDEMNIFICATION.
A. County and City agree to indemnify, defend and hold harmless the other, its officers,
agents and employees against any and all liability, loss, costs, damages, claims or
actions its officers, agents or employees may hereafter sustain, incur, or be required to
pay, arising out of or by reason of any act or omission of the indemnifying party, its
officers, agents, or employees, in the execution, performance or failure to adequately
perform its obligations pursuant to this Agreement.
B. To the full extent permitted by law, actions by the parties pursuant to this Agreement are
intended to be and shall be construed as a "cooperative activity" and it is the intent of
the parties that they shall be deemed a "single governmental unit" for the purposes of
liability, all as set forth in Minn. Stat. § 471.59, subd. 1a, provided further that for
purposes of the statute, each party to this Agreement expressly declines responsibility
for the acts or omissions of the other party. Each party also specifically intends that the
single tort cap limits specified for cooperative agreements under Minn. Stat.§ 471.59,
subd. l a, or as such statute may be amended or modified from time to time, shall apply
to this Agreement and to the activities of the parties hereunder. The statutory limits for
the parties may not be added together or stacked to increase the maximum amount of
liability for either party.
C. Each party to this Agreement shall be liable for the acts of their own officers,
employees, and/or agents and the results thereof to the extent authorized by law and
shall not be responsible for the acts of the other party, its officers, employees, and/or
agents. It is understood and agreed the provisions of the Municipal Tort Claims Act,
Minn. Stat. Ch. 466, and other applicable laws govern liability arising from the parties’
acts or omissions. Each party warrants they can comply with the indemnity requirements
through an insurance or self-insurance program and each has minimum coverage
consistent with the liability limits contained in Minn. Stat. Ch. 466.
11. NON-ASSIGNABILITY.
County shall not assign any interest in this Agreement and shall not transfer any interest in
the same, whether by subcontract, assignment or novation, without the prior written consent
of City.
12. EQUAL EMPLOYMENT OPPORTUNITY.
County agrees to comply with all federal, state and local laws, resolutions, ordinances, rules,
regulations and executive orders pertaining to unlawful discrimination because of race,
color, creed, religion, national origin, sex, and marital status with regard to public assistance,
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
7
sexual orientation, disability, or age. When required by law or when validly requested by
City, County shall furnish a written affirmative action plan.
13. WORKPLACE VIOLENCE PREVENTION.
County shall make all reasonable efforts to ensure its employees, officials and subcontractors
do not engage in violence while performing under this Agreement. Violence is as defined by
the County Policy 5517 Violence Prevention in the Workplace.
14. DATA PRACTICES.
A. Data Privacy and Security. The parties will comply with all applicable data practices
laws, including but not limited to the Minnesota Government Data Practices Act
(MGDPA), Minn. Stat. Ch. 13 and the Minnesota Rules implementing the MGDPA, as
amended, as well as any applicable state or federal laws on data privacy and security.
The parties are mindful that when exchanging private data only the minimum necessary
will be provided. The exchange, use and protection of private data must comply with
and be documented with a signed Dakota County Informed Consent to Release Private
Data form.
All data created, collected, received, stored, used, maintained, or disseminated by the
parties in the performance of their roles and responsibilities are subject to the
requirements of the MGDPA, the Minnesota Rules implementing the MGDPA, as
amended, as well as any applicable state or federal laws on data privacy and security.
This paragraph is required by the MGDPA and includes the remedies set forth in Minn.
Stat. § 13.08.
B. Health Information and Chemical Dependency Data. If applicable, the parties agree to
comply with the requirements of the Health Insurance Portability and Accountability
Act (“HIPAA”) and the Health Information Technology for Economic and Clinical
Health Act (“HITECH”) and any other applicable state or federal law. This includes
health data laws, including the Minnesota Health Records Act, Minn. Stat. §§
144.291.298, and 42 CFR Part 2 Confidentiality of Alcohol and Drug Abuse Patient
Records.
C. Records. Each party is responsible for maintaining, securing, and managing its own
records. The records will be maintained in accordance with each party’s applicable
record retention schedule. The parties will work cooperatively to ensure any reporting
requirements under this agreement are fulfilled.
D. Obtaining and Sharing Information. All necessary Tennessen Warning notices,
consents, releases, and authorizations shall be obtained prior to the collection, release,
exchange, or discussion of not public data, as that term is defined in Minn. Stat. § 13.02,
subd. 8a, unless such data collection, release, exchange, or discussion is otherwise
permitted by law or court order.
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
8
E. Data Storage. As part of the roles and responsibilities of the Coordinator, data related to
DCSS functions, as defined by statute, will be documented in the Social Services
Information System (SSIS). DCSS data collected for the Pilot evaluation will be
recorded in a password protected database or spreadsheet within the DCSS network.
Law enforcement will not be given access to SSIS.
The terms of this Section shall survive the termination or expiration of the agreement and/or
Pilot.
15. COMPLIANCE WITH APPLICABLE LAW.
County and City agree to comply with all federal, state and local laws or ordinances, and all
applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to its performance of the
provisions of this Agreement. It shall be the obligation of County and the City to apply for, pay
for, and obtain all permits and/or licenses required by any governmental agency for City or
County's participation in this program.
16. AUDIT.
Under Minn. Stat. § 16C.05, subd. 5, the books, records, documents, and accounting procedures
and practices of the parties are subject to examination by City or County or designees, the State
Auditor or the Legislative Auditor, as appropriate, for a minimum of six years from the end of
this Agreement.
17. AMENDMENTS.
Any alteration, variation, modification, or waiver of the provisions of this Agreement shall be
valid only after it has been reduced to writing and duly signed by both parties.
18. INTERPRETATION OF AGREEMENT; VENUE.
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota. All litigation regarding this Agreement shall be venued in the appropriate state or
federal district court in Dakota County, Minnesota.
19. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties and shall supersede all
prior oral or written negotiations.
WHEREFORE, this Agreement is duly executed on the last date written below.
VIII-15
DocuSign Envelope ID: CB6F4576-BB07-43D7-A3D8-DA40B56EA912
9
CITY OF HASTINGS DAKOTA COUNTY
By
Mary Fasbender, Mayor
Dated:
______________________________________
Approved as to form and insurance:
Approved as to form:
___________________________________ /s/ G Paul Beaumaster 12/22/2021
Kori Land, City Attorney/Date Assistant County Attorney/Date
KS-20-110-0004
Board Res. No. 20-449
Contract No. C0033266.1
Kelly Murtaugh, City of Hastings Administrator Jennifer Reynolds, Sr. Administrative Coordinator
Dated:
to the Board
Dated: 12/28/2021 | 3:55 PM CST
By
Mary Liz Holberg , Chair
Dated:
12 /29/2021 | 10:17 AM CST
VIII-15
City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director
Date: January 2, 2022 Item: Resolution: Authorize Submittal of 2022 CDBG Budget Council Action Requested: Adopt the attached resolution authorizing submittal of the 2022 Community
Development Block Grant (CDBG) budget to Dakota County. The estimated
funding of $73,612 would be allocated towards assessment abatement. Action requires a simple majority of Council. Background Information:
CDBG funding is intended to fund activities for low and low\moderate income
individuals including affordable housing, anti-poverty, and infrastructure development. Dakota County receives a direct allocation of CDBG funding from the US Department of Housing and Urban Development (HUD) and sub-allocates funding to individual cities within the County.
Assessment Abatement – Similar to past years, CDBG funding would be allocated toward providing assessment abatement for local public infrastructure projects; allowing qualifying homeowners to reduce or eliminate their assessment. This year’s project generally involves Park Lane and Park Court; 5th and Ash Streets; 13th Street-Hillside-Lilac Court; and the Riverwood Area.
Financial Impact: CDBG funds will assist low to low\moderate income households in abating assessments and housing repairs.
Advisory Commission Discussion: N\A Council Commission Discussion:
N\A
Attachments:
• Resolution
X-C-01
CITY OF HASTINGS RESOLUTION NO. ___________
A RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 2022 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
WHEREAS, the City of Hastings is a participating jurisdiction with the Dakota County Community Development Block Grant (CDBG) Entitlement Program for Fiscal Year 2022 (ending June 30, 2023); and
WHEREAS, the Dakota County Community Development Agency (CDA) is a
Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested Fiscal Year 2022 CDBG applications be submitted by January 14, 2022, based on an allocation of funds approved in the Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Hastings hereby approves the following:
1. The Fiscal Year 2022 CDBG application is approved for submission to the Dakota
County CDA. 2. The City Administrator for the City of Hastings is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds.
3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf of the City, subject to future Subrecipient Agreements that may be required for specific CDBG-funded activities.
Adopted by the City Council of Hastings this 3rd day of January, 2022 Ayes: ____
Nays: _____
Absent: ______
ATTEST:
Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk
X-C-01
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of
January, 2022, as disclosed by the records of the City of Hastings on file and of record in the office.
Kelly Murtaugh City Clerk ( SEAL) This instrument drafted by:
City of Hastings (JH)
101 4th Street East Hastings, MN 55033
X-C-01
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPLICATION FOR PROGRAM YEAR 2022
Application must be received by the Dakota County Community Development Agency NO LATER THAN FRIDAY, JANUARY 14, 2022
For July 1, 2022 – June 30, 2023
General Information
Applicant Name: City of Hastings DUNS #: 172843278
Contact Name: John Hinzman
Applicant Address:101 East 4th Street
City, State, Zip: Hastings, MN 55033
Phone:651-480-2378 Email:jhinzman@hastingsmn.gov
Proposed Activities
Activity Funding Amount
#1 Title: Assessment Abatement CDBG Request: $ 73,612
#2 Title: CDBG Request: $
#3 Title: CDBG Request: $
#4 Title: CDBG Request: $
#5 Title: CDBG Request: $
Total Request: $ 73,612
PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit and NO MORE THAN 40% of the any one community’s proposed funding can be for PUBLIC SERVICES. As public services may not account for more than 15% of the County’s total funding, public service
requests may be decreased once all applications are submitted and reviewed by CDA staff.
X-C-01
Certification
I certify that the information contained in this application is true and correct and that it contains no
misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further
certify that no contracts have been awarded, funds committed, or construction begun on the proposed project(s), and that none will be made prior to notification from the Dakota County CDA based on HUD’s issuance of a Release of Funds Notice.
Signature of Authorized Official Date
Title of Authorized Official PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL
OF THE REQUEST FOR CDBG FUNDS.
X-C-01
1
Please complete the following Sections I-V for EACH proposed activity. (For
example, if 3 activities are being proposed, there will be 3 sets of the following pages.) Activity # 1
Activity Title: Assessment Abatement
II. Activity Information
Has this Activity received CDBG funding before? ☒ Yes ☐ No
Check the eligible activity category of the proposed activity: (See attached definitions)
I. Activity Title
Describe the proposed activity in detail. Please be specific about purpose, location, number of people or households served, etc. The City of Hastings 2022 Improvement Program includes street reconstruction projects involving bituminous paving, storm sewer, concrete curb and gutter, and sidewalk\trail construction. The project would involve Park Lane and Park Court; 5th and Ash St; 13th Street-Hillside Street-Lilac Court; Riverwood area. We estimate serving 22 households with an average assessment of $4,027. Per City policy, all abutting property owners will be assessed for these improvements. The City is proposing to allocate CDBG funding to provide assessment abatement to low and moderate income properties. Qualifying low income households would have 100 percent of their assessments abated, while qualifying moderate income households would have their assessments abated to the extent of remaining funds available.
X-C-01
2
Affordable Rental Housing ☐ Rehabilitation of Multi-Unit Residential ☐ Fair Housing Activities ☐ Energy Efficiency Improvements
Public Services ☐ Senior Services ☐ Youth Services ☐ Transportation Services ☐ Operational Support
Affordable Homeowner Housing
☐ Homeownership Assistance
☐ New (Re)Construction Homeowner Housing
☐ Rehabilitation/ Energy Efficiency Improvement of Single
Unit Residential
☐ Fair Housing Activities
Public Facilities
☐ Recreational Parks
☐ Public Water/Sewer Improvements
☐ Street Improvements
☐ Sidewalks
☒ Assessment Abatement
☐ ADA Improvements
Homelessness
☐ Coordinated Access to Services & Shelter
☐ Housing Stabilization
☐ Emergency Shelter Operation
Neighborhood Revitalization
☐ Acquisition of Real Property
☐ Clearance and Demolition
☐ Clean-up of Contaminated Site
Economic Development
☐ Employment Training
☐ Economic Development Assistance
☐ Rehabilitation of Commercial/Industrial Buildings
☐ Micro-Enterprise Assistance
☐ Relocation
Planning and Administration
☐ Planning
☐ Administration
X-C-01
3
Describe the activity schedule:
Is this a continuation of a previously funded activity? ☐Yes ☒No
Is this a time-specific project? ☒Yes ☐No
If this is a time-specific project, please note the start and end dates below: Proposed Activity Start Date: 7/1/22
Proposed Activity Completion Date: 6/30/23
CDBG funded projects/activities must meet one of the following program objectives. Check the objective for which the CDBG funds will be used.
If you checked the Low/Mod Housing Benefit box, please answer the following: How many Low/Mod Households will benefit? 22 Households
(Income eligibility must be verified by written documentation) Where will this activity occur? (Address of property, neighborhood, or citywide)
Park Lane and Park Court; 5th and Ash St; 13th Street-Hillside Street-Lilac Court; Riverwood area.
III. CDBG National Objective
☐ Low/Mod Area Benefit ☐ Low/Mod Limited Clientele Benefit
☒ Low/Mod Housing Benefit ☐ Low/Mod Jobs Benefit
☐ Slum/Blight Area Benefit ☐ Slum/Blight Spot Benefit
☐ Urgent Need (extremely rare; used only for emergencies): (Please explain)
If you checked the Low/Mod Area Benefit box, please answer the following: In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map) How many residents live in this area? What is the percentage of low and moderate-income beneficiaries? %
How was this documented? ☐ HUD Data ☐ Survey
(Please include a copy of survey)
X-C-01
4
If you checked the Low/Mod Limited Clientele Benefit box, please answer the following:
How many Low/Mod People or Households will benefit? People Households (Please choose either
People or Households for each project).
How will income be verified?
☐ Income Verification Request Forms
☐ Eligibility Status for other Governmental Assistance program
☐ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that
all sources of income and assets must be included when calculating annual income)
☐ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered
spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm
workers)
If you checked the Low/Mod Jobs Benefit box, please answer the following:
To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement
showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The
business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or
retained, the selection and hiring process, and demographic information about the employees.
Will this activity create or retain full time equivalencies (FTEs)? ☐ Create ☐ Retain
For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial
records that shows the business is likely to cut back on employment in the near future without planned intervention.
Will the job(s) created or retained require a special skill? ☐ Yes ☐ No
What percent of permanent FTEs will be held by or available to low/mod income persons? %
If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the following:
What are the boundaries of the slum/blight area or the address of the slum/blight spot?
(Please provide letter from building inspector or other documentation noting deficiencies and include photos)
What deficiency will be corrected or the public improvement be?
If Slum/Blight Area, what percent of buildings are deteriorated? %
X-C-01
5
IV. Proposed Objectives and Outcomes
Indicate the proposed objective and outcome of the activity/project. Outcome #1 Availability/Accessibility Outcome #2 Affordability Outcome #3 Sustainability Objective #1 Suitable Living Environment
☐ Accessibility for the
purpose of creating a suitable
living environment
☐ Affordability for the
purpose of creating a
suitable living environment
☐ Sustainability for the
purpose of creating a
suitable living environment
Objective #2 Decent Housing
☐ Accessibility for the
purpose of providing decent housing
☐ Affordability for the
purpose of providing decent housing
☐ Sustainability for the
purpose of providing decent housing
Objective #3 Economic Opportunity
☐ Accessibility for the
purpose of creating economic opportunities
☐ Affordability for the
purpose of creating economic opportunities
☐ Sustainability for the
purpose of creating economic opportunities
Indicate how the activity outcome will be measured and projected number of beneficiaries.
☐ People
☐ Households
☐ Housing Units
☐ Public Facilities
☐ Jobs
☐ Businesses
☐ Organizations
V. Project Budget
Provide the total project cost and CDBG request. Total Project Cost: $ 4,172,826
Total CDBG Request: $ 73,612 CDBG Percent of Total Cost: 1.8%
Describe all other funding sources.
Source of Funds Amount Committed Pending
City of Hastings Wastewater Fund $ 372,168 ☐ ☒
City of Hastings Water Fund $ 577,084 ☐ ☒
City of Hastings Bonded Debt (Net) $ 1,850,404 ☐ ☒
Property Owner Assessments $1,077,010 ☐ ☒
City Property Assessments $ 222,549 ☐ ☒
CDBG Funding $73,612 ☐ ☒
Total: $ 4,172,826 ☐ ☒
X-C-01
6
Please itemize project expenses, using the following guidance as applicable:
• Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements, clearance of toxic contaminants, and other acquisition and improvement costs
• Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials,
supplies), installation, permits and other construction/rehabilitation costs
• Professional Fees and Personnel Costs - Include architectural, engineering and code inspection fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and other professional/personnel fees
• Other Development Costs - Include relocation, financing costs, environmental reviews, environmental studies, and other development costs
• Eligible Costs for Planning Projects - Include professional services, project management costs,
and other planning costs
* * * * *
Please review each section for completeness.
Each activity should have separate Sections I through V.
Itemized Use of Funds/Expenses Costs CDBG Funds
Requested
Other Funding
Sources
City of Hastings Bonded Debt & Special Assessments – Street, Storm Sewer, and
Streetscape
$ 3,223,575 $ 73,612
$ 3,149,963
City of Hastings Water Fund – Water System
Infrastructure Replacements
$ 577,084 $ $ 577,084
City of Hastings Wastewater Fund – Sanitary Sewer Infrastructure $ 372,168 $ $ 372,168
$ $ $
$ $ $
Total: $4,172,826 $ 73,612 $ 4,100,215
X-C-01
7
CDBG ELIGIBLE ACTIVITIES DEFINITIONS The following are summary definitions of Community Development Block Grant Eligible Activities: Please Note: Although an activity may be deemed eligible for CDBG funding, it does not guarantee funding. The Community Development Needs for the CDBG Program in the Consolidated Plan lists the priority of needs and dictates which types of eligible activities may be funded in a given year. CDBG funds may NOT be used for costs attributable to a building used for the general conduct of government or used for political activities. Acquisition/Disposition: The use of CDBG funds to acquire real property, in whole or in part, by purchase, long-term lease, donation, or otherwise, for any public purpose. Real property to be acquired may include: land, air rights, easements, water rights, right-of-ways, buildings and other property improvements, or other interests in real property.
Demolition/Clearance: Clearance, demolition, and removal of buildings and improvements including movement of structures to other sites.
Economic Development Activities: Economic development activities may include, but are not limited to: (1) Construction by the grantee or sub-recipient of a business incubator designed to provide inexpensive space and assistance to new firms to help them become viable businesses, (2) Loans to pay for the expansion of a factory or commercial business, and (3) Providing training needed by persons on welfare to enable them to qualify for jobs created by CDBG-assisted special economic development activities. The level of public benefit to be derived from the economic development activity must be appropriate given the amount of CDBG assistance.
Rehabilitation: Rehabilitation related activities may include single-family rehabilitation, multi-family rehabilitation, energy efficiency improvements, public housing modernization, and rehabilitation of commercial properties.
General Administration: CDBG funds may be used for the general administration costs incurred by a Subrecipient to administer their CDBG program. Administration costs directly associated with a CDBG activity should be part of the activity as project administration.
Relocation: CDBG funds may be used for relocation payments and assistance to displaced persons, including individuals, families, businesses, non-profits, and farms, where required under section 570.606 of the regulations (pursuant to the Uniform Relocation Act).
Public Facilities/Improvements: CDBG funds may be used by the grantee or other public or private nonprofit entities for the acquisition (including long term leases for periods of 15 years or more), construction, reconstruction, rehabilitation (including removal of architectural barriers to accessibility), or installation, of public improvements or facilities. Buildings for the general conduct of government cannot be acquired or improved with CDBG funds. This includes neighborhood facilities, firehouses, public schools, and libraries, as well as water and/or sewer treatment plants. The regulations further specify that facilities that are designed for use in providing shelter for persons having special needs are considered to be public facilities.
Public Services: CDBG funds may be used to provide public services (including labor, supplies, and materials), provided that each of the following criteria is met: 1) The public service must be either a new service or a quantifiable increase in the level of service; and 2) The amount of CDBG funds obligated within a program year to support public service activities under this category may not exceed 40% of the City’s allocation and the total public services of all Subrecipients may not exceed 15% of the total grant awarded to Dakota County for that year.
Planning: Includes studies, analysis, data gathering, preparation of plans, and identification of actions that will implement plans. The types of plans which may be paid for with CDBG funds include, but are not limited to: Comprehensive plans; Individual project plans; Community development plans, Capital improvement programs; Small area and neighborhood plans; Environmental and historic preservation studies; and Functional plans (such as plans for housing, land use, energy conservation, or economic development).
Homeownership Assistance: Homeownership assistance activities may include financial assistance for down payments, closing costs or other part of the purchase process and counseling for pre-purchase, post-purchase or foreclosure prevention.
X-C-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 3, 2022
Item: OSHA Vaccine and Testing Requirement
Council Actions Requested:
• Review and approve City of Hastings Vaccination, Testing, and Face Covering Policy
• Approve implementation of “wellness day” and stipend incentive for employee vaccinations.
• Authorize necessary expenditures to implement this policy, recognizing the need for a future budget
amendment.
Background Information:
The federal Occupational Safety and Health Administration (OSHA) has published a COVID-19 Vaccination
and Testing Emergency Temporary Standard (ETS). This ETS requires all employers with 100 or more
employees (which includes the City of Hastings) to ensure their workforce is fully vaccinated or require those
who remain unvaccinated to produce a negative test result on at least a weekly basis and be masked when
working indoors.
The ETS had been delayed in the courts, but was cleared December 17, 2021. There is presently an appeal to
the US Supreme Court, but at this time the ETS is the legal requirement. OSHA has indicated that it will not
issue citations for noncompliance with any requirements of the ETS prior to January 10 and will issue no
citations for noncompliance with the testing requirements prior to February 9, as long as we are exercising
reasonable and good-faith efforts to come into compliance. MN-OSHA is expected to issue identical
requirements by January 3.
Please note that the MN-OSHA or Supreme Court actions could change the requirements in the next few days,
but under present law we need to have a vaccine/testing policy in place and begin good faith implementation
by January 10. Regular testing procedures need to start by February 9.
Key features of the operational policy:
• We will not mandate that employees get vaccinated, instead emphasizing that employees have the
option to either vaccinate or have weekly testing with a mask requirement.
• We will request vaccination status of all employees in the coming days. We have set up a portal on
our Neo-gov system for employees to provide documentation. Employees who do not reply as fully
vaccinated will be consider not vaccinated and subject to the weekly testing and mask requirements.
• The definition of fully vaccinated is 2 weeks since the second shot of Pfizer or Moderna or the shot of
J&J.
X-E-01
• All medical information, including vaccination information and test results, will be treated in
accordance with applicable laws and policies on confidentiality and privacy.
• Non-vaccinated employees will be required to be masked with limited exceptions. This is stricter than
our requirement that employees be masked when they cannot consistent maintain social distancing.
• We will emphasize confidentiality and discretion in testing.
• Testing will be done in-person and administered by employee supervisors. This may change
depending on MN-OSHA regulations, budget, or other practical options.
• Testing will be at City expense. This unknown cost (based on test cost, number of employees, and test
frequency) will require a budget amendment. These costs are eligible for payment with the ARPA
funds.
• The OSHA definition for employee is based on whether the person is compensated by the City. This
includes part-time and seasonal employees. Volunteers (including Commission members) or
“contract” employees are not included. It is presently unclear whether City Councilmembers are
included. OSHA has said that state law would apply, and Minnesota allows cities to determine if their
elected officials are employees for a variety of reasons. The City of Hastings Employee Handbook
clearly states that elected officials are not covered by the policies of the Handbook. MN-OSHA
regulations are anticipated by January 3 and may provide greater clarity regarding City
Councilmembers.
• Vaccination Incentive: Because of the ongoing work and staff time that will be involved in weekly
tests, the costs of the tests themselves, and to encourage employees to be vaccinated, we are
recommending adoption of an incentive that would provide a paid “wellness day” for regular
employees who are vaccinated and share that status with the City. This would be a full shift and would
need to be scheduled according to existing procedures by the end of the year. It would not be paid out
upon separation of employment. For paid-on-call and seasonal employees, who work flexible
schedules, we instead recommend a stipend of $100 for POC and for seasonal employees normally
scheduled for over 20 hours per week and $50 for seasonal employees normally scheduled for 20 or
fewer hours per week.
• Our existing Minnesota-required COVID-19 Preparedness Plan is being updated for consistency with
requirements of this policy, as well as updates to City and CDC procedures.
• Visitors, volunteers, and other non-employees are not subject to the requirements of this policy.
Financial Impact:
Based on number of employees, test costs, and test frequency, an undetermined budget amendment will be
necessary to cover testing costs and incentive payments.
Committee Discussion:
Not applicable
Attachments:
City of Hastings Vaccination, Testing, and Face Covering Policy
X-E-01
1
Purpose:
Vaccination is a vital tool to reduce the presence and severity of COVID-19 cases in the workplace, in
communities, and in the nation as a whole. The City of Hastings encourages all employees to receive a
COVID-19 vaccination to protect themselves and other employees. However, should an employee choose
not to be vaccinated, this policy’s sections on testing and face coverings will apply. This policy complies
with OSHA’s Emergency Temporary Standard on Vaccination and Testing (29 CFR 1910.501).
Scope:
This COVID-19 Policy on vaccination, testing, and face covering use applies to all employees of the City of
Hastings. [Pending MN-OSHA clarification, this will need description of City Council or other exceptions.]
All employees are encouraged to be fully vaccinated. Employees are considered fully vaccinated two
weeks after completing primary vaccination with a COVID-19 vaccine with, if applicable, at least the
minimum recommended interval between doses. For example, this includes two weeks after a second
dose in a two-dose series, such as the Pfizer or Moderna vaccines, two weeks after a single-dose vaccine,
such as Johnson & Johnson’s vaccine, or two weeks after the second dose of any combination of two
doses of different COVID-19 vaccines as part of one primary vaccination series. Employees who are not
fully vaccinated will be required to provide proof of weekly COVID-19 testing and wear a face covering at
the workplace.
All employees are required to report their vaccination status and, if vaccinated, provide proof of
vaccination. Employees must provide truthful and accurate information about their COVID-19
vaccination status, and, if not fully vaccinated, their testing results. Employees who do not report as fully
vaccinated will be considered as not vaccinated under this policy.
Employees may request an exception from vaccination requirements (if applicable) if the vaccine is
medically contraindicated for them or medical necessity requires a delay in vaccination. Employees also
may be legally entitled to a reasonable accommodation if they cannot be vaccinated and/or wear a face
covering (as otherwise required by this policy) because of a disability, or if the provisions in this policy for
vaccination, and/or testing for COVID-19, and/or wearing a face covering conflict with a sincerely held
religious belief, practice, or observance. Requests for exceptions and reasonable accommodations must
be initiated by the employee.
Procedures:
Overview and General Information
Vaccination
Any City of Hastings employee that chooses to or is required to be vaccinated against COVID-19 must be
fully vaccinated no later than February 9, 2022. Any employee not fully vaccinated by February 9, 2022
will be subject to the regular testing and face covering requirements of the policy.
City of Hastings Vaccination, Testing, and Face Covering Policy
X-E-01
2
To be fully vaccinated by February 9, 2022, an employee must:
o Obtain the first dose of a two dose vaccine no later than [Date]; and the second dose no later than
January 26, 2022; or
o Obtain one dose of a single dose vaccine no later than January 26, 2022.
Employees will be considered fully vaccinated two weeks after receiving the requisite number of doses
of a COVID-19 vaccine as stated above. An employee will be considered partially vaccinated if they have
received only one dose of a two dose vaccine.
Testing and Face Coverings
All employees who are not fully vaccinated as of February 9, 2022 will be required to undergo regular
COVID-19 testing and wear a face covering when in the workplace. Policies and procedures for testing
and face coverings are described in the relevant sections of this policy.
Vaccination Status and Acceptable Forms of Proof of Vaccination
Vaccinated Employees
All vaccinated employees are required to provide proof of COVID-19 vaccination, regardless of where
they received vaccination. Proof of vaccination status can be submitted via Neogov portal or the Human
Resources Department.
Acceptable proof of vaccination status is:
1. The record of immunization from a health care provider or pharmacy;
2. A copy of the COVID-19 Vaccination Record Card;
3. A copy of medical records documenting the vaccination;
4. A copy of immunization records from a public health, state, or tribal immunization information
system; or
5. A copy of any other official documentation that contains the type of vaccine administered,
date(s) of administration, and the name of the health care professional(s) or clinic site(s)
administering the vaccine(s).
Proof of vaccination generally should include the employee’s name, the type of vaccine administered, the
date(s) of administration, and the name of the health care professional(s) or clinic site(s) that
administered the vaccine. In some cases, state immunization records may not include one or more of
these data fields, such as clinic site; in those circumstances the City of Hastings will still accept the state
immunization record as acceptable proof of vaccination.
If an employee is unable to produce one of these acceptable forms of proof of vaccination, despite
attempts to do so (e.g., by trying to contact the vaccine administrator or state health department), the
employee can provide a signed and dated statement attesting to their vaccination status (fully
vaccinated or partially vaccinated); attesting that they have lost and are otherwise unable to produce
one of the other forms of acceptable proof; and including the following language:
“I declare (or certify, verify, or state) that this statement about my vaccination
status is true and accurate. I understand that knowingly providing false
X-E-01
3
information regarding my vaccination status on this form may subject me to
criminal penalties.”
An employee who attests to their vaccination status in this way should to the best of their recollection,
include in their attestation the type of vaccine administered, the date(s) of administration, and the name
of the health care professional(s) or clinic site(s) administering the vaccine.
A tracking list of employees and vaccination status as well as digital copies of proof of vaccination will be
maintained the Human Resources Department. This documentation is considered private medical data.
All Employees
All employees, both vaccinated and unvaccinated, must inform the City of Hastings of their vaccination
status. The following table outlines the requirements for submitting vaccination status documentation.
Any employee who has not submitted proof of full vaccination will be considered as not vaccinated for
purposes of this policy.
Supporting COVID-19 Vaccination
An employee may take up to four hours of paid time per dose to travel to the vaccination site, receive a
vaccination, and return to work. This would mean a maximum of eight hours of paid time for employees
receiving two doses. If an employee spends less time getting the vaccine, only the necessary amount of
paid time will be granted. Employees who take longer than four hours to get the vaccine must send their
department head an email documenting the reason for the additional time (e.g., they may need to travel
long distances to get the vaccine). Any additional time requested will be granted, if reasonable. If an
employee is vaccinated outside of their approved duty time they will not be compensated.
Employees may utilize up to two workdays of emergency sick leave or sick leave immediately following
each dose if they have side effects from the COVID-19 vaccination that prevent them from
working. Employees who have no sick leave will be granted up to two days of additional sick leave
immediately following each dose if necessary.
Vaccination Status Instructions Deadline(s)
Employees who are fully
vaccinated.
Submit proof of vaccination that
indicates full vaccination.
2/1/2022
Employees who are partially
vaccinated (i.e., one dose of a
two dose vaccine series).
Submit proof of vaccination that
indicates when the first dose of
vaccination was received, followed
by proof of the second dose when it
is obtained.
2/1/2022
Employees who are not
vaccinated.
Submit statement that you are
unvaccinated, but are planning to
receive a vaccination by the deadline.
2/1/2022
Submit statement that you are
unvaccinated and not planning to
receive a vaccination.
2/1/2022
X-E-01
4
• Employee Vaccination Incentive: Because of the ongoing work and staff time that will be
involved in weekly tests, the costs of the tests themselves, and to encourage employees to be
vaccinated, the City of Hastings will provide a paid “wellness day” for regular employees who
are vaccinated and share that status with the City. This would be a full shift and would need to
be scheduled according to existing procedures by the end of the year. It would not be paid out
upon separation of employment. For paid-on-call and seasonal employees, who work flexible
schedules, the City of Hastings will instead provide a stipend of $100 for POC and for seasonal
employees normally scheduled for over 20 hours per week and $50 for seasonal employees
normally scheduled for 20 or fewer hours per week.
Employee Notification of COVID-19 and Removal from the Workplace
The City of Hastings requires employees to promptly notify their supervisor or Department Head when
they have tested positive for COVID-19 or have been diagnosed with COVID-19 by a licensed healthcare
provider. Employees will follow work rules for call-in procedures.
Employees who test positive for or are diagnosed with COVID-19 will be able to use available leave
including, emergency sick leave, sick leave, vacation leave, compensatory time, and floating holidays. All
procedures governing various leave options remain in effect, and the employee must continue to follow
normal leave notification procedures established by the Employee Handbook or collective bargaining
agreement.
Medical Removal from the Workplace
The City of Hastings has also implemented a policy for keeping COVID-19 positive employees from the
workplace in certain circumstances.
An employee who comes to work ill, exhibiting flu-like symptoms, or tests positive for COVID-19 will be
immediately separated from other employees and will be sent home or to seek medical care, as
appropriate. If an employee exhibits flu-like symptoms or tests positive for COVID-19 while at work,
areas visited by the ill person will be closed until cleaned and disinfected. Cleaning and disinfection will
include all areas used by the ill person, such as offices, bathrooms, and common areas. Cleaning and
disinfection will focus especially on frequently touched surfaces. Please see “COVID-19 Preparedness
Plan for City of Hastings” for additional information.
Return to Work Criteria
For any employee removed because they are COVID-19 positive, the City of Hastings will keep them
removed from the workplace until:
• The employee receives a negative result on a COVID-19 nucleic acid amplification test (NAAT)
following a positive result on a COVID-19 antigen test if the employee chooses to seek a NAAT
test for confirmatory testing, or
• The employee meets the return to work criteria in CDC’s “Isolation Guidance,” or
• The employee receives a recommendation to return to work from a licensed healthcare provider.
X-E-01
5
As of December 30, 2021, the CDC’s “Isolation Guidance,” asymptomatic employees may return to work
once 5 days have passed since the positive test, and symptomatic employees may return to work after all
the following are true:
• At least 10 days have passed since symptoms first appeared, and
• At least 24 hours have passed with no fever without fever-reducing medication, and
• Other symptoms of COVID-19 are improving (loss of taste and smell may persist for weeks or
months and need not delay the end of isolation).
If an employee has severe COVID-19 or an immune disease, the City of Hastings will follow the guidance
of a licensed healthcare provider regarding return to work.
COVID-19 Testing
[Pending MN-OSHA clarification, this section may need to be revised.]
All employees who are not fully vaccinated will be required to comply with this policy for testing.
Employees who report to the workplace at least once every seven days:
(A) must be tested for COVID-19 at least once every seven days; and
(B) must provide documentation of the most recent COVID-19 test result to [the supervisor] no
later than the seventh day following the date on which the employee last provided a test result.
Any employee who does not report to the workplace during a period of seven or more days (e.g., if they
were teleworking for two weeks prior to reporting to the workplace):
(A) must be tested for COVID-19 within seven days prior to returning to the workplace; and
(B) must provide documentation of that test result to [the supervisor] upon return to the
workplace.
If an employee does not provide documentation of a COVID-19 test result as required by this policy, they
will be removed from the workplace until they provide a test result.
Employees who have received a positive COVID-19 test, or have been diagnosed with COVID-19 by a
licensed healthcare provider, are not required to undergo COVID-19 testing for 90 days following the
date of their positive test or diagnosis.
The City of Hastings will pay for and provide rapid tests. Testing will be done in person and administered
by an employee’s supervisor or Department Head. To the extent feasible, testing will maintain employee
confidentiality. Test result are considered private medical information.
Face Coverings
The City of Hastings will require all employees who are not fully vaccinated to wear a face covering. Face
coverings must: (i) completely cover the nose and mouth; (ii) be made with two or more layers of a
breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a
light source); (iii) be secured to the head with ties, ear loops, or elastic bands that go behind the head. If
gaiters are worn, they should have two layers of fabric or be folded to make two layers; (iv) fit snugly
X-E-01
6
over the nose, mouth, and chin with no large gaps on the outside of the face; and (v) be a solid piece of
material without slits, exhalation valves, visible holes, punctures, or other openings. Acceptable face
coverings include clear face coverings or cloth face coverings with a clear plastic panel that, despite the
non-cloth material allowing light to pass through, otherwise meet these criteria and which may be used
to facilitate communication with people who are deaf or hard-of-hearing or others who need to see a
speaker’s mouth or facial expressions to understand speech or sign language respectively.
Employees who are not fully vaccinated must wear face coverings over the nose and mouth when
indoors and when occupying a vehicle with another person for work purposes. Policies and procedures
for face coverings will be implemented, along with the other provisions required by OSHA’s COVID-19
Vaccination and Testing ETS, as part of a multi-layered infection control approach for unvaccinated
workers.
An employee may use a face covering they have purchased or one supplied by the City of Hastings.
The following are exceptions to the City of Hastings’s requirements for face coverings:
1. When an employee is alone in a room with floor to ceiling walls and a closed door.
2. For a limited time, while an employee is eating or drinking at the workplace or for identification
purposes in compliance with safety and security requirements.
3. When an employee is wearing a respirator or facemask.
4. Where the City of Hastings has determined that the use of face coverings is infeasible or creates
a greater hazard (e.g., when it is important to see the employee’s mouth for reasons related to
their job duties, when the work requires the use of the employee’s uncovered mouth, or when
the use of a face covering presents a risk of serious injury or death to the employee).
New Hires:
All new employees are required to comply with the vaccination, testing, and face covering requirements
outlined in this policy as soon as practicable and as a condition of employment. Potential candidates for
employment will be notified of the requirements of this policy prior to the start of employment. New
employees will be considered not vaccinated and subject to testing and face covering requirements until
they have submitted documentation as fully vaccinated.
Confidentiality and Privacy:
All medical information collected from individuals, including vaccination information, test results, and
any other information obtained as a result of testing, will be treated in accordance with applicable laws
and policies on confidentiality and privacy.
Questions:
Please direct any questions regarding this policy to Assistant City Administrator Kelly Murtaugh.
This model plan is intended to provide information about OSHA’s COVID-19 Emergency Temporary Standard. The Occupational Safety and
Health Act requires employers to comply with safety and health standards promulgated by OSHA or by a state with an OSHA-approved state
plan. However, this model plan is not itself a standard or regulation, and it creates no new legal obligations.
X-E-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 3, 2022
Item: Community Investment Fund
Council Action Requested:
Review and approve implementation of Community Investment Fund.
Background Information:
The City has created a new Community Investment Fund to encourage and support community
partnerships and community-driven projects. The approved 2022 Budget includes $100K for
implementation of the CIF.
The Management Team met December 15, 2021 and the Finance Committee met December 21,
2021 to review and comment on the draft Program Information, Guidelines, and Application.
The attached draft reflects comments from those two meetings. With this being the first year of a
new program, it should be considered a pilot program, with opportunity to learn and adjust for
the future.
I expect that we will schedule a kick-off meeting in mid January to invite likely applicant
organizations for an overview of the CIF as well as opportunity for feedback about the process.
Several key features of the program:
• Emphasis is on community partnerships and community-driven projects
• The opening date for project proposals is March 31, after that date proposals will be
considered on an open timeline as long as money is available
• Proposals would be reviewed by the Finance Committee, as well as applicable
Commissions, with the City Council making final funding decisions
• Projects need to be located on City property
• CIF dollars will be handled by the City according to City purchasing and financial
policies
X-E-02
• Matching dollars are not required, but would help an application
• Applicants are encouraged but not required to consult with City staff prior to application
• Projects would need to be completed by end of 2023
Financial Impact:
$100K, budgeted
Committee Discussion:
Finance Committee (Vaughan*, Folch, and Fox) met December 21, 2021
Attachments:
Community Investment Fund: Program Information, Guidelines, and Application Instructions
X-E-02
1
Community Investment Fund
City of Hastings
PROGRAM INFORM ATI ON, GUIDELINES AND APPLI CATI ON INSTRUCTI ONS
Contact:
Parks & Recreation Director Chris Jenkins
651-480-6175
cjenkins@hastingsmn.gov
X-E-02
2
HASTINGS
COMMUNITY INVESTMENT FUND
PROGRAM INFORMATION, GUIDELINES AND APPLICATION INSTRUCTIONS
SECTION 1: GENERAL PROVISIONS
A. Purpose
This is about community partnership. The City will award use the Community Investment Fund
(CIF) to create vibrant, community-supported, public projects. Vibrant projects contribute to a
strong quality of life, sense of place, and Hastings’ identity. Community-supported projects
demonstrate public awareness, civic engagement, and/or local momentum. Public projects are
open and available for public use and enjoyment.
B. Funding Amount
The City of Hastings has budgeted $100,000 for this program in 2022. Applications will be
accepted on an ongoing basis. First review will be March 31, 2022. After March 31, applications
will be reviewed on a first-come basis to the extent funds remain available. There is not a
maximum grant award; however, the City may limit grants in order to fund multiple project
applications. Matching dollars are not required by the CIF program but will help demonstrate
community support, as well as help the CIF funds go further to partner with multiple projects. The
City may carry-over any unused CIF funds to the following year, and the City may budget
additional funding to the CIF.
SECTION 2: ELIGIBILITY CONSIDERATIONS
A. Location
Eligibility for the Community Investment Fund is for projects within Hastings city limits.
B. Eligible Projects
Projects should be community-supported public amenities. Examples include (but not limited to):
a. Streetscape beautification and walkability.
b. Enhancements to parks or athletic facilities.
c. Trails and non-motorized infrastructure.
d. Public art.
e. Improved access to public amenities.
f. Tourism amenities.
g. Historic preservation or commemoration.
h. Studies to investigate otherwise eligible projects.
i. Seed funding for pilot projects.
X-E-02
3
C. Ineligible Projects
Examples of ineligible projects:
1. Projects not located within Hastings city limits.
2. Projects that won’t be completed by December 31, 2023.
3. Direct support of a private business.
4. Ongoing operating expenses.
5. Expenses incurred prior to application/approval.
SECTION 3: APPLICATION PROCEDURES
Applications will be accepted on an ongoing basis. First review will be March 31, 2022. After March 31,
applications will be reviewed on a first-come basis to the extent funds remain available. Only one
application may be submitted per organization. Incomplete applications will not be accepted.
A. Preliminary Meeting
Prior to submission of an application, the potential applicant is encouraged to meet with
City staff to discuss the proposed project and CIF requirements. Contact Parks &
Recreation Director Chris Jenkins with questions (651-480-6175 or
cjenkins@hastingsmn.gov).
B. Application Format
Applicants shall submit a CIF application package consisting of the following:
a. Completed CIF Application form, including any supplementary information.
b. Documentation of community engagement or support (such as surveys, letters of support,
or funding commitments).
C. Application Submittal
The completed application and all required attachments shall be submitted electronically to:
Parks & Recreation Director Chris Jenkins
cjenkins@hastingsmn.gov
SECTION 4: REVIEW PROCESS
A. Review and Recommendation
City staff shall the review the application for completeness and verification that the proposed
project meets the standards and eligibility requirements of the program. Incomplete or ineligible
applications will be denied, and the applicant will be notified.
Once an application is deemed complete, staff will schedule the grant application for review by the
Finance Committee of the Council. Depending on the nature of the proposed project, other City
commissions may also review. For example, the Parks Commission may review proposals for park
or athletic facilities. Applicants are encouraged to attend the meeting(s) to provide additional
information and/or answer any questions by committee members.
X-E-02
4
B. Evaluation Criteria
The Finance Committee will consider the following criteria in its review:
• Defined and focused project – Has the project been thought-through and ready to proceed?
Is the application complete?
• Impact on community – How would the project contribute to a strong quality of life, sense of
place, and/or Hastings’ identity?
• Demonstrated community engagement and support – What public awareness, civic
engagement, and/or local momentum does the project have? This may include letters of
support and may include financial or in-kind commitments. Matching dollars are not required
by the CIF program but will help demonstrate community support.
• Partnership – Does the project strengthen community collaboration and partnership?
• Budget – Is the project’s budget thought-through and realistic?
• Ongoing operation/maintenance – Have ongoing operation and maintenance costs been
reasonably estimated?
• Timeline – Is the project’s timeline realistic, including significant milestones and completion
date (no later than December 31, 2023)?
• Project location – The project must be located within Hastings city limits and must be located
for public use and enjoyment.
• City Compliance – The project must follow City codes and obtain city permits before
commencement of work and disbursement of funds.
C. Formal Review
The City Council will consider the project application with recommendations from the
Finance Committee of the Council and any City commissions. The City Council will decide
funding awards and grant agreement, as well as siting on City property or ongoing
ownership and responsibility by the City. Applicants are encouraged to attend the
meeting(s) to provide additional information and/or answer any questions.
SECTION 5: DISTRIBUTION OF FUNDS TO APPROVED APPLICANTS
A. Evidence of Expenditures and Disbursement of Funds
The City intends project funding and management to be by the City, meaning CIF funds and any
matching dollars to be coordinated and disbursed through the City. Disbursement details will be
included in the grant agreement.
X-E-02
5
CITY OF HASTINGS
COMMUNITY INVESTMENT FUND APPLICATION
SECTION 1: PROJECT CONTACT INFORMATION
Applicant Organization Name:
Address:
City / State / Zip:
Primary Contact Person (name and title):
Primary Contact Phone:
Primary Contact Email:
SECTION 2: PROPERTY INFORMATION
Project Site Address:
SECTION 3: PROJECT BUDGET
CIF Funds Requested: $
Matching Contribution (if in-kind, please describe): $
Total Project Costs: $
Please provide a project budget, including all sources and uses. Letters of support or funding
commitments may be used to supplement the application.
Please identify future (5 to 10 years) operation and maintenance expenses and who will be responsible
for these costs.
X-E-02
6
SECTION 4: PROJECT DESCRIPTION – please provide a narrative proposal that answers the
following questions in this order.
Please provide a brief summary of the proposed project, including its impact on the community.
Please describe the project’s community engagement and support. Surveys, letters of support, or funding
commitments may be used to supplement the application.
Please provide a brief summary of the proposed project implementation, including timeline and
milestones.
Please describe the need for and impact of CIF funds.
SECTION 5: AGREEMENT
I/We certify that all information provided in this application (and its attachments) is true and correct to
the best of my/our knowledge. I/We agree to provide any addition information as may be requested by
the City of Hastings.
APPLICATION SIGNATURE:
PRINTED NAME & TITLE:
X-E-02
7
DATE:
SECTION 6: NOTICES OF DATA PRACTICES
Notice of Data Practices
THE MINNESOTA DATA PRACTICES ACT requires that we inform you of your rights about the private data we are requesting on this form. Private data is available
to you, but not to the public. We are requesting this data to determine your eligibility for CIF funding through the City of Hastings. Providing the data may disclose
information that could cause your application to be denied. You are not legally required to provide the data; however, refusing to supply the data may cause your
application not to be processed. Your signature on this application indicates you understand these rights. Your address and telephone number will be considered
public data unless you request this information to be private and provide an alternate address and telephone number. Please sign below to indicate you have read
this notice:
Signature _____________________________________________________ Date _______________
I request that my address and telephone number be considered private data. My alternative business
address and telephone number are as follows:
Address __________________________________________ Phone Number ___________________
X-E-02
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 3, 2022
Item: Arts Task Force and City Council Liaison
Council Action Requested:
Consider naming a City Council Liaison to the Arts Task Force.
Background Information:
Following public encouragement for an Arts Commission, the Planning Committee of Council recommended
reinvigorating the Arts Task Force, with possible membership expansion, to define the future objectives or
mission of the group. The Arts Task Force would also create a short-term workplan and make
recommendations to Council on possible needed structure changes (such as transitioning into a commission)
going forward. The City Council approved reinstating the Arts Task Force on October 18, 2021.
18 applications were received for the Task Force, interviews have been conducted, and appointments of 8
individuals are on the City Council’s January 3 consent agenda. I anticipate a mid/late January kick-off
meeting with the new Task Force to outline:
• Open Meeting Act, including posting meetings, cation against discussing policy by email, and
providing recap notes
• Directive to recommend commission, task force, non-City organization, or other options for long-term
support for public arts, including pros and cons of each
• Directive to recommend future objectives and mission to support public arts
• Directive to recommend near-term work plan (6 to 18 months) to support public arts
• Expectations for periodic updates to City Council, including specific check-in points
With present projects and workloads, City staff are currently unavailable to adequately support the Task Force.
In order to help set the Task Force up for success, it may warrant naming a City Council Liaison to guide and
assist. Councilmember Folch has offered to serve as Liaison.
Financial Impact:
Not applicable
Committee Discussion:
Planning Committee (Folch*, Leifeld, and Vaughan) met October 14, 2021 and recommended reinstating the
Arts Task Force to advise the City Council on long-term support for public arts. The City Council approved
reinstating the Arts Task Force on October 18, 2021.
Attachments:
Not applicable
X-E-03