HomeMy WebLinkAbout6.j. Pedestrian and Bicycle Master Plan. Approval of a Contract Between Dakota County and the City of Rosemount Awarding the City $25,000 for Developing a Pedestrian and Bicycle Master Plan, 10-03-PLND
ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: January 5, 2009
AGENDA ITEM: 10- 03 -PLN Pedestrian and Bicycle
Master Plan. Approval of a Contract
Between Dakota County and the City of
AGENDA SECTION:
Rosemount Awarding the City $25,000
Consent
for Developing a Pedestrian and Bicycle
Master Plan
PREPARED BY: Jason Lindahl, AICP
AGENDA NO.
Planner
•
ATTACHMENTS: Contract Between the County of Dakota
and City of Rosemount for Active Living
APPROVED BY:
Services
RECOMMENDED ACTION: Motion to approve execution of the attached contract
between Dakota County and the City of Rosemount awarding the City a $25,000 grant for
creating a Pedestrian and Bicycle Master Plan.
SUMMARY
Attached for the City Council's review and approval is a contract between Dakota County and the City of
Rosemount awarding the City a $25,000 grant to develop a Pedestrian and Bicycle Master Plan. This
contract has been reviewed by both the City Attorney and the Community Development Department and
staff recommends approval.
This project is important because it will implement one of the City's goals identified in the Active Living
section of the 2030 Comprehensive Plan as well as produce specific recommendations, specifications, and
best practices for all elements of Rosemount's non - motorized transportation system. The specific
objective of the Pedestrian and Bicycle Master Plan will be to plan for and support the orderly
transformation of the City into a progressive pedestrian and bicycle friendly community where citizens can
easily integrate these activities into their daily routines. Most importantly, creation of this plan has the
potential to position the City to receive future grants to integrate and implement the Land Use,
Transportation, and Parks and Recreation sections of the Comprehensive Plan around the City's Active
Living goals.
The funding for this project is provided by a grant from the Minnesota State Health Improvement
Program (SHIP) through the Dakota County Active Living Partnership and the Dakota County Public
Health Department. Upon approval of the contract, staff will solicit consultant services to complete the
plan. Staff expects to begin the project in February 2010 and conclude it by June 30, 2010 per contractual
requirements with Dakota County.
RECOMMENDATION
Staff recommends approval of the contract between Dakota County and the City awarding the City a
$25,000 grant for creating a Pedestrian and Bicycle Master Plan.
DC Contract #
CONTRACT BETWEEN THE COUNTY OF DAKOTA
AND CITY OF ROSEMOUNT
FOR ACTIVE LIVING SERVICES
CONTRACT PERIOD: 12/15/2009 - 06/30/2010
This Contract is made and entered into between the County of Dakota, by and through the Public Health
Department, hereinafter "County," and City of Rosemount, 2875 145th St W, Rosemount MN 55068, hereinafter
"Contractor."
WHEREAS, the County requires active living services to expand pedestrian and bicycle paths; and
WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and
conditions stated herein; and
WHEREAS, the County Board by Resolution #09 -323, authorized the County to enter into a Contract with
Contractor for the provision of said services.
Now, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree
as follows:
1. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Contract is to define the rights and obligations of the parties with respect
to pedestrian and bicycle Master Plan services.
1.2 Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set
forth herein.
1.3 Cooperation. The County and Contractor shall cooperate and use their reasonable efforts to ensure the
most expeditious implementation of the various provisions of this Contract. The parties agree to, in
good faith, undertake resolution of any disputes in an equitable and timely manner.
2. TERM.
® The term of this Contract shall be from 12/15/2009 to and including 06/30/2010, unless earlier
terminated under the provisions herein or by law.
❑ This Contract shall be in effect from the date of execution by all parties, or from the commencement
of services hereunder, whichever is first, and shall continue in effect until all services to be provided by
Contractor pursuant to this Contract are satisfactorily completed and final payment is made unless
earlier terminated by law or according to the provisions herein.
3. CONTRACTORS OBLIGATIONS.
3.1 General Description. Contractor shall provide the following services generally described as:
development of a master plan to expand pedestrian and bicycle paths.
3.2 Conformance to Specifications. Services provided shall be in accordance with the criteria set out in
Exhibit 3, "Services and Payment," which is attached and incorporated herein by reference.
4. PAYMENT.
4.1 Total Cost. The total amount to be paid by the County pursuant to this Contract shall not exceed:
City of Rosemount- 11476.doc Page 1 SHIP -G (Rev. 08- 09).dot
/04 111
4.2 Payment Rate. The County shall pay for purchased services:
❑ at the rate of $ per
® as set out in the schedule attached as Exhibit 3, "Services and Payment."
4.3 Invoices.
® Contractor shall submit an invoice and request for payment in accordance with Exhibit 3, "Services
and Payment" and Exhibit 4, "Invoice Form."
❑ Contractor shall, within, submit an invoice and request for payment on an invoice form acceptable to
the County.
The invoice shall certify expenditures and itemize (as applicable) 1) the hours of services rendered
listed by classification, 2) the date such services were provided, 3) a general description of the services
provided, and 4) the dates of the performance period covered by the invoice.
4.4 Payment Procedure.
® The County shall make payment to Contractor within thirty -five (35) days of the date on which
the invoice is received and services are accepted by the County.
If the invoice is incorrect, defective, or otherwise improper, the County will notify Contractor within
ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from
Contractor, the County will make payment within thirty -five (35) days.
❑ The County shall pay for purchased services in accordance with Exhibit _, "
4.5 Late Request for Payments. The County has an absolute right to refuse payment on invoices received
or postmarked more than ninety (90) days after the date that invoiced services were performed.
4.6 Payment of Disputed Claims. The County may refuse to pay any claim which is not specifically
authorized by this Contract. Payment of a claim shall not preclude the County from questioning the
propriety of the claim. In the event that the County withholds payment for failure to provide services or
failure to comply with any of the provisions of this Contract, then no interest penalty shall accrue against
the County. If an audit is required by the County before an invoice is accepted for payment, then the
standard payment period of thirty -five (35) days shall not commence until a completed audit is received
by the County. The County reserves the right to offset any overpayment or disallowance of claim by
reducing future payments.
4.7 Payment Upon Early Termination. In the event this Contract is terminated before the completion of
services, the County shall pay Contractor for services provided in a satisfactory manner up to the
effective date of termination, a sum based upon the actual time spent at the rates stated in paragraph
4.2.
5. COMPLIANCE WITH LAWS /STANDARDS.
5.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and
regulations now in effect or hereinafter adopted pertaining to this Contract or to the facilities, programs
and staff for which Contractor is responsible. This includes, but is not limited to all Standard
Assurances, which are attached as Exhibit 1, "Standard Assurances." In addition to the Standard
Assurances, the Contractor is required to meet additional contract requirements that exist in the Master
Grant Contract between Dakota County and the Minnesota Department of Health. These requirements
City of Rosemount- 11476.doc Page 2 SHIP -G (Rev. 08- 09).dot
are outlined in Exhibit 5, "State Health Improvement Program (SHIP) Minnesota Department of Health
(MDH) Master Contract Requirements."
5.2 Licenses. Contractor shall procure and maintain, at its own expense, all applicable licenses and
certifications required for the provision of services contemplated by this Contract. Contractor shall
provide copies of such licenses or certifications to the County upon request. Contractor shall inform the
County of any changes in licenses or certifications within five (5) days of occurrence.
5.3 Violations. Any violation of such laws, statutes, ordinances, rules, or regulations, as well as loss of any
applicable license or certification by Contractor shall constitute a material breach of this Contract, and
shall entitle the County to terminate this Contract. The effective date of termination will be as stated in
the written notice of the termination delivered to Contractor unless Contractor cures the violation prior to
the termination date and provides the County with adequate proof that the violation has been cured.
5.4 Federal Financial Participation. In the event that there is a revision of Federal regulations which might
make services provided under the terms of this Contract or any portion thereof ineligible for federal
financial participation, all parties will review the Contract and renegotiate those items necessary to bring
the Contract into compliance with the new Federal regulations. Refusal to renegotiate within seven (7)
days of a request to bring the Contract into compliance shall be cause for termination of this Contract as
of the date when the Contract is out of compliance for federal financial participation.
5.5 Revision of Laws. In the event that there is a revision of Federal, State or local statutes, rules or other
law, which makes performance of the Contract or any portion thereof unlawful, all parties will review the
Contract and renegotiate those items necessary to bring the Contract into compliance with the law.
Refusal to renegotiate within seven (7) days of a request to bring the Contract into compliance shall be
cause for termination of this Contract as of the date when the Contract is out of compliance.
5.6 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the
substantive and procedural laws of the State of Minnesota, without giving effect to the principles of
conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota.
6. INDEPENDENT CONTRACTOR STATUS.
Contractor is an independent contractor and nothing herein contained shall be construed to create the
relationship of employer and employee between County and Contractor. Contractor shall at all times be
free to exercise initiative, judgment and discretion as to how to best perform or provide services.
Contractor acknowledges and agrees that Contractor is not entitled to receive any of the benefits
received by County employees and is not eligible for workers' or unemployment compensation benefits.
Contractor also acknowledges and agrees that no withholding or deduction for state or federal income
taxes, FICA, FUTA, or otherwise, will be made from the payments due Contractor and that it is
Contractor's sole obligation to comply with the applicable provisions of all federal and state tax laws.
7. INDEMNIFICATION.
Liable for Own Acts. Each party to this Agreement shall be liable for the acts of their own agents,
volunteers or employees and the results thereof to the extent authorized by law and shall not be
responsible for the acts of the other party, its agents, volunteers or employees. It is understood and
agreed that 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 that they are able
to comply with the aforementioned indemnity requirements through an insurance or self- insurance
program and that each has minimum coverage consistent with the liability limits contained in Minn. Stat.
Ch. 466.
City of Rosemount- 11476.doc Page 3 SHIP -G (Rev. 08- 09).dot
8. INSURANCE.
8.1 General Terms. In order to protect itself and to protect the County under the indemnity provisions set
forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance
covering the term of this Contract, as set forth in Exhibit 2, "Insurance Terms."
8.2 Inability to Obtain Coverage. If Contractor is unable to obtain coverage as required or if coverage is not
renewed or is cancelled during the term of this Contract, Contractor shall immediately make good faith
efforts to obtain or replace the required insurance coverage through the open market. If such efforts are
unsuccessful, Contractor shall immediately apply to the Minnesota Joint Underwriting Association and
Marketing Assistance Plan (MJUA) for insurance coverage in the amount of the County's statutory limit
on liability certifying that it has been unsuccessful in obtaining the required insurance coverage. If
MJUA is unwilling or unable to issue insurance coverage in the type and amount required by this article
the coverage which is obtained from MJUA pursuant to this paragraph shall be deemed adequate,
unless specifically objected to by Dakota County.
9. SUBCONTRACTING.
Parties shall not enter into any subcontract for the performance of the services contemplated under this
Contract nor assign any interest in the Contract without prior written consent of all parties and subject to
such conditions and provisions as are deemed necessary. The subcontracting or assigning party shall
be responsible for the performance of its subcontractors or assignees unless otherwise agreed.
Any agreement between the Contractor and any subcontractor shall obligate the subcontractor to
comply with the general terms of this Contract.
If Contractor utilizes a subcontractor to perform any of its duties under this Contract, the Contractor
must require the subcontractor to provide proof of insurance to the County prior to beginning work under
this Contract in the coverage and amounts the same as set forth in the Insurance Terms exhibit.
Contractor must also require the subcontractor to agree in writing to defend, hold harmless and
indemnify the County from any and all liability arising out of the subcontractor's performance of its .
duties. When a subcontractor is utilized, the Contractor remains responsible for complying with all of
the terms of this Contract.
Contractor agrees to pay any subcontractor within ten (10) days of the Contractor's receipt of payment
from the County for undisputed services provided by the subcontractor. Contractor agrees to pay
interest of 1' /Z percent per month or any part of a month to the subcontractor on any undisputed amount
not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10 (Minn. Stat. § 471.425).
10. DEFAULT.
10.1 Force Maieure. Neither party shall be liable to the other party for any loss or damage resulting from a
delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable
control, providing the defaulting party gives notice to the other party as soon as possible. Acts and
events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military
authority, and natural disasters.
10.2 Inability to Perform. Contractor shall make every reasonable effort to maintain staff, facilities, and
equipment to deliver the services to be purchased by the County. Contractor shall immediately notify
the County in writing whenever it is unable to, or reasonably believes it is going to be unable to, provide
the agreed upon quality and quantity of services. Upon such notification, the County and Contractor
shall determine whether such inability requires a modification or cancellation of this Contract.
City of Rosemount- 11476.doc Page 4 SHIP -G (Rev. 08- 09).dot
10.3 Changes in Policies or Staff. The County reserves the right to terminate this Contract on ten (10) days
written notice if the County, in its sole discretion, does not approve of significant proposed or actual
changes in Contractor's policies or staff.
10.4 Default by Contractor. Unless cured or excused by the Force Majeure provisions in paragraph 10.1 or
County default, each of the following shall constitute default on the part of the Contractor:
A) The written admission by the Contractor that it is bankrupt; the filing by Contractor of a voluntary
petition under the Federal Bankruptcy Act; or the filing of an involuntary petition under the Federal
Bankruptcy Act against the Contractor unless dismissed within ninety (90) days. The Notice of
Default and cure provisions of this Contract do not apply to this paragraph.
B) The making of any arrangement with or for the benefit of Contractor's creditors involving an
assignment to a trustee, receiver or similar fiduciary. The Notice of Default and cure provisions of
this Contract do not apply to this paragraph.
C) Making material misrepresentations either in the attached exhibits and documents or in any other
material provision or condition relied upon in the making of this Contract.
D) The Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public
authority.
E) Failure to perform any other material provision of this Contract.
10.5 Default by County. Unless cured or excused by the Force Majeure provisions in paragraph 10.1 or
Contractor default, each of the following shall constitute default on the part of the County:
A) The persistent or repeated failure or refusal by the County to pay or prevent payment of any
uncontested amount to the Contractor within thirty -five (35) days of the date of the billing statement.
B) Making material misrepresentations either in the attached exhibits and documents or in any other
material provision or condition relied upon in the making of this Contract.
C) Failure to perform any other material provision of this Contract.
10.6 Written Notice of Default. Unless a different procedure and /or effective date is provided within the
specific article or paragraph of this Contract under which the default, failure or breach occurs, no event
shall constitute a default giving rise to the right to terminate unless and until written Notice of Default is
given to the defaulting party, specifying the particular event, series of events or failure constituting the
default and cure period.
10.7 Cure Period. If the party in default fails to cure the specified circumstances as described by the Notice
of Default within ten (10) days, or such additional time as may be specified under the terms of this
Contract, then the whole or any part of this Contract may be terminated by written Notice of Termination.
10.8 Withholding of Payment. Notwithstanding any other provision of this Contract the County may, after
giving Notice of Default, withhold, without penalty or interest, any payment which becomes due after
Notice of Default is given, until the default is excused or cured, or the Contract is terminated.
11. TERMINATION.
11.1 With or Without Cause. This Contract may be terminated without cause by either party upon thirty (30)
days written notice. Either party may terminate this Contract for cause by giving ten (10) days written
notice of its intent to terminate to the other party unless the other party cures the default within the ten -
day period, except for violations listed in paragraph 5.3, and in that case the termination shall occur on
the date provided in the written Notice of Termination.
City of Rosemount-1 1476. doc Page 5 SHIP -G (Rev. 08- 09).dot
11.2 Termination by County — Lack of Funding. Notwithstanding any provision of this Contract to the
contrary, the County may immediately terminate this Contract if it does not obtain funding from the
Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be
continued at a level sufficient to allow payment of the amounts due under this Contract. Written Notice
of Termination sent by the County to Contractor by facsimile is sufficient notice under the terms of this
Contract. The County is not obligated to pay for any services that are provided after written Notice of
Termination for lack of funding. The County will not be assessed any penalty or damages if the
Contract is terminated due to lack of funding.
11.3 Written Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery
to the authorized agent of the party. Notice is deemed effective upon deposit of written notice in the
United States Mail, postage pre -paid and addressed to the party authorized to receive notice as
specified in paragraph 14.1, below.
11.4 Duties of Contractor upon Termination. Upon delivery of the Notice of Termination, and except as
otherwise provided, Contractor shall:
Discontinue performance of this Contract on the date and to the extent specified in the Notice of
Termination;
Immediately notify all clients who are receiving services pursuant to this Contract;
Cancel all orders and subcontracts to the extent that they relate to the performances cancelled by the
Notice of Termination;
Complete performance of such terms as shall not have been cancelled by the Notice of Termination;
Return all County property in their possession within seven (7) days to the extent that it relates to the
performance cancelled by the Notice of Termination;
Return any unspent funds to Dakota County; and
Submit a final invoice for services provided prior to termination, within thirty (30) days of the date of
termination.
11.5 Duties of County upon Termination. Upon delivery of the Notice of Termination, and except as
otherwise provided, the County:
Shall make within thirty (30) days final payment for any services satisfactorily provided up through the
date of termination in accordance with the terms of this Contract.
Shall not be liable for any services provided after Notice of Termination, except as stated above or as
authorized by the County in writing.
11.6 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right
of any party which arises from the performance of or failure to adequately perform the terms of this
Contract prior to the effective date of termination. Nor shall termination discharge any obligation which
by its nature would survive after the date of termination, including by way of illustration only and not
limitation, Standard Assurances attached hereto.
12. CONTRACT RIGHTS /REMEDIES.
12.1 Rights Cumulative. All remedies available to either party under the terms of this Contract or by law are
cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall
not be deemed an election of such remedy to the exclusion of other remedies.
City of Rosemount- 11476.doc Page 6 SHIP -G (Rev. 08- 09).dot
12.2 Waiver. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of
breach of any provision of this Contract shall not be construed to be modification of the terms of this
Contract unless stated to be such in writing and signed by authorized representatives of the County and
Contractor.
12.3 DAMAGES.
12.4 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be
suffered by reason of any event giving rise to a remedy hereunder.
Damages for Breach /Set -Off. Notwithstanding any other provision of this Contract to the contrary, upon
breach of this Contract by Contractor the County may withhold final payment due Contractor for
purposes of set -off until such time as the exact amount of damages due is determined.
14. REPRESENTATIVE.
14.1 Authorized Representative.
The following named persons are designated the authorized representatives of the parties for purposes
of this Contract. These persons have authority to bind the party they represent and to consent to
modifications and subcontracts, except that, as to the County, the authorized representative shall have
only the authority specifically or generally granted by the County Board. Notice is deemed effective
upon deposit of written notice in the United States mail, postage prepaid and addressed to the party
authorized to receive notice as specified below. Notification required to be provided pursuant to this
Contract shall be provided to the following named persons and addresses unless otherwise stated in
this Contract, or in a modification of this Contract:
To CouNTY:
Name: David A. Rooney
Title: Community Services Director
Address:
Dakota County Community Services
1 Mendota Rd W, Ste 500
West St. Paul, MN 55118 -4773
Phone Number: 651 - 554 -5742
TO CONTRACTOR:
Name: City Administrator
Title: Dwight Johnson
Address:
City of Rosemount
2875 145th St W
Rosemount MN 55068
Phone Number: (651) 322 -2006
In addition, notification to the County regarding breach or termination shall be provided to the office of
the County Attorney, 1560 Highway 55, Hastings, MN 55033.
14.2 Liaison.
To assist the parties in the day -to -day performance of this Contract and to develop service, ensure
compliance and provide ongoing consultation, a liaison shall be designated by Contractor and the
County. The parties shall keep each other continually informed, in writing, of any change in the
designated liaison. In addition, the Contractor shall inform the County of any changes to Contractor's
address, phone number(s), e-mail address(es), and any other contact changes. At the time of
execution of this Contract the following persons are the designated liaisons:
County Liaison: Therese J Branby
Phone number: (651) 554 -5878
City of Rosemount- 11476.doc Page 7 SHIP -G (Rev. 08- 09).dot
Contractor Liaison: Jason Lindahl
Phone number: (651) 322 -2090
15. CONFLICT OF INTEREST.
Contractor agrees that it will neither contract for nor accept employment for the performance of any work
or services with any individual, business, partnership, corporation, government, governmental unit, or
any other organization that would create a conflict of interest in the performance of its obligations under
this Contract.
16. MODIFICATIONS.
Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid
when they have been reduced to writing and signed by authorized representatives of the County and
Contractor.
17. SEVERABILITY.
The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void,
invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder
of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Contract with respect to either party.
18. CONFIDENTIALITY.
❑ Contractor acknowledges that certain private or Confidential Information may be transmitted to
Contractor by the County in connection with Contractor's performance of this Contract. For all the
purposes hereof, the term "Confidential Information" means all information or material proprietary to the
County or designated as private or confidential by the County to which Contractor may obtain
knowledge or access through or as a result of Contractor's relationship with the County (including
information conceived, originated, discovered or developed in whole or in part by Contractor).
Confidential Information includes, but is not limited to, the following types of information and other
information of a similar nature (whether or not reduced to writing): computer programs, compilations,
data, documentation, and all other information of the County over which the County asserts copyright or
intellectual proprietary rights, or which is classified as not public data by the Minnesota Data Practices
Act. Contractor shall not, at any time, directly or indirectly reveal, report, publish, duplicate, or otherwise
disclose to any third party in any way whatsoever any Confidential Information. Contractor shall receive,
maintain, and use the Confidential Information with the strictest confidence; shall use its best efforts to
keep the Confidential Information strictly confidential and to prevent inadvertent disclosure thereof; and
shall treat the Confidential Information in at least as confidential a manner as Contractor treats its own
confidential information; Contractor agrees to implement such procedures as are necessary to assure
protection of Confidential Information.
19. OWNERSHIP OF WORK PRODUCT.
® Ownership of all drawings, reports, and other work products prepared or produced in performance of
this Contract shall be transmitted to the County upon completion or termination of the Contract and final
payment to the Contractor. Contractor agrees that all right, title, and interest in all copyrightable
material which Contractor shall conceive or originate, either individually or jointly with others, and which
arises out of the performance of this Contract, are the property of Dakota County and are by this
Contract assigned to Dakota County along with ownership of any and all copyrights in the copyrightable
material. The County has unlimited rights to use, duplicate and make derivative works of such work
product and materials, with no obligation for an accounting to Contractor.
City of Rosemount- 11476.doc Page 8 SHIP -G (Rev. 08- 09).dot
20. MERGER.
20.1 This Contract is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or
agreements. There are no representations, warranties, or stipulations, either oral or written, not herein
contained.
202 Exhibits 1 through and including 5 and Attachment I, Funding Application are attached and incorporated
herein by reference.
Exhibit 1 — Standard Assurances
Exhibit 2 — Insurance Terms
Exhibit 3 — Services and Payment
Exhibit 4 — Invoice Form
Exhibit 5 — State Health Improvement Program (SHIP) Minnesota Department of Health (MDH) Master
Contract Requirements
Attachment I — Funding Application
By signing this Contract, the Contractor certifies that none of its owners, directors, officers or principals is closely
related to any County employee who has or may appear to have any control over the award, management or
evaluation of this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below.
Approved by Dakota County Board
Resolution No. 09 -323
File No. k -09 -234
COUNTY OF DAKOTA
By
David A. Rooney
Title Community Services Director
Date of Signature
CONTRACTOR
(I represent and warrant that I am authorized by law to
execute this Contract and legally bind the Contractor).
By
Title
Date of Signature
(Please print name.)
City of Rosemount- 11476.doc Page 9 SHIP -G (Rev. 08- 09).dot.
SA3 /CS
Standard -CS
Revised: 3/1/07
EXHIBIT 1
STANDARD ASSURANCES
1. NON - DISCRIMINATION. During the performance of this Contract, the Contractor shall not unlawfully
discriminate against any employee or applicant for employment because of race, color, creed, religion, sex,
national origin, disability, sexual orientation, age, marital status or public assistance status. The Contractor will
take affirmative action to ensure that applicants are employed and that employees are treated during
employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin,
disability, sexual orientation, age, marital status or public assistance status. Such action shall include, but not
be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices which set forth the provisions of this nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor,
state that all qualified applicants will receive consideration for employment without regard to race, creed, color,
religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance status.
No funds received under this Contract shall be used to provide religious or sectarian training or services.
The Contractor shall comply with any applicable federal or state law regarding non - discrimination. The
following list includes, but is not meant to limit, laws which may be applicable:
A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq. which
prohibits discrimination in employment because of race, color, religion, sex or national origin.
B. Executive Order 11246, as amended, which is incorporated herein by reference, and prohibits
discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or
national origin.
C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3 (J) and (K)
implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons in the
access to or participation in federally- funded services or employment.
D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended, and Minn.
Stat. § 181.81, which generally prohibit discrimination because of age.
E. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an employer may
not discriminate on the basis of sex by paying employees of different sexes differently for the same work.
F. Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual
orientation or age.
G. Minn. Stat. 4 181.59 which prohibits discrimination against any person by reason of race, creed, or
color in any state or political subdivision contract for materials, supplies or construction. Violation of this section
is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all sums
due under the Contract.
H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C. §§ 225, 611,
with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on the basis of a
disability in term, condition or privilege of employment.
I. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part 80,
prohibits recipients of federal financial assistance from discriminating on the basis of national origin which
includes not discriminating against those persons with limited English proficiency.
City of Rosemount- 11476.do6 Page 10 SHIP -G (Rev. 08- 09).dot
2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used,
maintained, or disseminated by Contractor in the performance of this Contract is subject to the requirements of
the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 and the Minnesota Rules implementing the
Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Contractor must comply
with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the
Contractor. Contractor does not have a duty to provide access to public data to the public if the public data are
available from the governmental agency (County), except as required by the terms of this Contract. All
subcontracts shall contain the same or similar data practices compliance requirements.
3. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT OF 1996. The Contractor agrees
to comply with the requirements of the Health Insurance Portability and Accountability Act ( HIPAA) which are
applicable to the Contractor's duties under this Contract. In performing its obligations under this Contract,
Contractor agrees to comply with the HIPAA Privacy requirements, the HIPAA Standards for Electronic
Transactions, the HIPAA security requirements, and any other applicable HIPAA laws, standards and
requirements now in effect or hereinafter adopted as they become law.
4. RECORDS DISCLOSURE/RETENTION. Contractor's bonds, records, documents, papers,
accounting procedures and practices, and other evidences relevant to this Contract are subject to the
examination, duplication, transcription and audit by the County and either the Legislative or State Auditor,
pursuant to Minn. Stat. § 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller
General of the United States, or a duly authorized representative, if federal funds are used for any work under
this Contract. The Contractor agrees to maintain such evidences for a period of six (6) years from the date
services or payment were last provided or made or longer if any audit in progress requires a longer retention
period.
5. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health
and safety of its employees in connection with the work performed under this Contract. Contractor shall make
arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in
connection with this Contract. Contractor shall ensure all personnel of Contractor and subcontractors are
properly trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks
engaged in under this Contract. Each Contractor shall comply with federal, state and local occupational safety
and health standards, regulations and rules promulgated pursuant to the Occupational Health and Safety Act
which are applicable to the work to be performed by Contractor.
6. PSYCHOTHERAPISTS. Contractor has and shall continue to comply with the provisions of Minn.
Stat. Ch. 148A, as amended, with regard to any currently or formerly employed psychotherapists and /or
applicants for psychotherapist positions.
7. EXCLUDED MEDICAL ASSISTANCE PROVIDERS. By signing this contract, Provider certifies that it
is not excluded. 42 U.S.C. § 1397 et seq. (subch. XX) of the Social Security Act.
8. CONTRACTOR DEBARMENT, SUSPENSION AND RESPONSIBILITY CERTIFICATION. Federal
Regulation 45 CFR 92.35 prohibits the State /Agency from purchasing goods or services with federal money
from vendors who have been suspended or debarred by the federal government. Similarly, Minn. Stat. §
16C.03, subd. 2 provides the Commissioner of Administration with the authority to debar and suspend vendors
who seek to contract with the State /Agency. Vendors may be suspended or debarred when it is determined,
through a duly authorized hearing process, that they have abused the public trust in a serious manner.
By Signing This Contract, The Contractor Certifies That It And Its Principals* And Employees:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from transacting business by or with any federal, state or local governmental department or agency;
and
B. Have not within a three (3) year period preceding this Contract: 1) been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain or performing a public (federal, state or local) transaction or contract; 2) violated any federal
City of Rosemount- 11476.doc Page 11 SHIP -G (Rev. 08- 09).dot
or state antitrust statutes; or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements or receiving stolen property; and
C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1)
commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a
public (federal, state or local) transaction; 2) violating any federal or state antitrust statutes; or 3) committing
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving
stolen property; and
D. Are not aware of any information and possess no knowledge that any subcontractor(s) that will
perform work pursuant to this Contract are in violation of any of the certifications set forth above; and
E. Shall immediately give written notice to the Contracting Officer should Contractor come under
investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing a public
(federal, state or local government) transaction; violating any federal or state antitrust statutes; or committing
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving
stolen property.
* "Principals" for the purposes of this certification means officers; directors; owners; partners; and persons having
primary management or supervisory responsibilities within a business entity (e.g. general manger; plant
manager; head of a subsidiary, division, or business segment and similar positions).
Directions for On Line Access to Excluded Providers
To ensure compliance with this regulation, identification of excluded entities and individuals can be found on the
Office of Inspector General (OIG) website at htto: / /oici.hhs.gov/ fraud / exclusions /listofexcluded.html.
K/Exh SA3 - Standard -CS
City of Rosemount- 11476.doc Page 12 SHIP -G (Rev. 08- 09).dot
EXHIBIT 2
INSURANCE TERMS
Contractor agrees to provide and maintain at all times during the term of this Contract such insurance
coverages as are indicated herein and to otherwise comply with the provisions that follow. Such policy(ies) of
insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the Contract indemnity
provisions. The provisions of this section shall also apply to all Subcontractors, Sub - subcontractors, and
Independent Contractors engaged by Contractor with respect to this Contract, and Contractor shall be entirely
responsible for securing the compliance of all such persons or parties with these provisions.
APPLICABLE SECTIONS ARE CHECKED
® 1. Workers Compensation. Workers' Compensation insurance in compliance with all applicable
statutes including an All States or Universal Endorsement where applicable. Such policy shall include
Employer's Liability coverage in an amount no less than $500,000. If Contractor is not required by Statute to
carry Workers' Compensation Insurance, Contractor agrees: (1) to provide County with evidence documenting
the specific provision under Minn. Stat. § 176.041 which excludes Contractor from the requirement of obtaining
Workers' Compensation Insurance; (2) to provide prior notice to County of any change in Contractor's
exemption status under Minn. Stat. § 176.041; and (3) to hold harmless and indemnify County from and against
any and all claims and losses brought by Contractor or any subcontractor or other person claiming through
Contractor for Workers' Compensation or Employers' Liability benefits for damages arising out of any injury or
illness resulting from performance of work under this Contract. If any such change requires Contractor to obtain
Workers' Compensation Insurance, Contractor agrees to promptly provide County with evidence of such
insurance coverage.
® 2. General Liability.
"Commercial General Liability Insurance" coverage (Insurance Services Office form title), providing
coverage on an "occurrence" rather than on a "claims made" basis, which policy shall include, but not be limited
to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Contract),
Independent Contractors, "XC &U" and Products - Completed Operations liability (if applicable). Such coverage
may be provided under an equivalent policy form (or forms), so long as such equivalent form (or forms) affords
coverage which is at least as broad. An Insurance Services Office "Comprehensive General Liability" policy
which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be
considered to be an acceptable equivalent policy form.
If Commercial General Liability insurance can only be provided on a claims -made basis, the Contractor agrees
to maintain such insurance for at least one (1) year from Contract termination. The retroactive date for the
claims made policy must be prior to the start of the contract term.
Contractor agrees to maintain at all times during the period of this Contract a total combined general
liability policy limit of at least $1,500,000 per occurrence and aggregate, applying to liability for Bodily Injury,
Personal Injury, and Property Damage, which total limit may be satisfied by the limit afforded under its
Commercial General Liability policy, or equivalent policy, or by such policy in combination with the limits
afforded by an Umbrella or Excess Liability policy (or policies); provided, that the coverage afforded under any
such Umbrella or Excess Liability policy is at least as broad as that afforded by the underlying Commercial
General Liability policy (or equivalent underlying policy).
Such Commercial General Liability policy and Umbrella or Excess Liability policy (or policies) may
provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits
have not, as of the beginning of the term or at any time during the term, been reduced to less than the total
required limits stated above, and further, that the Umbrella or Excess Liability policy provides coverage from the
point that such aggregate limits in the underlying Commercial General Liability policy become reduced or
exhausted. An Umbrella or Excess Liability policy which "drops down" to respond immediately over reduced
underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount,
shall be acceptable in this regard so long as such deductible or retention for each occurrence does not exceed
the amount shown in the provision below.
City of Rosemount- 11476.doc Page 13 SHIP=G (Rev. 08- 09).dot
Contractor's liability insurance coverage may be subject to a deductible, "retention" or "participation" (or
other similar provision) requiring the Contractor to remain responsible for a stated amount or percentage of each
covered loss; provided, that such deductible, retention or participation amount shall not exceed $25,000 each
occurrence.
® Such policy(ies) shall name Dakota County, its officers, employees and agents as Additional Insureds
thereunder.
❑ Such policy(ies) shall name the Minnesota Department of Human Services, its officers, employees and
agents as Additional Insureds thereunder.
❑ 3. Professional Liability. Professional Liability (errors and omissions) insurance with respect to its
professional activities to be performed under this Contract. This amount of insurance shall be at least
$1,500,000 per occurrence and aggregate (if applicable). Coverage under such policy may be subject to a
deductible, not to exceed $25,000 per occurrence. Contractor agrees to maintain such insurance for at least
one (1) year from Contract termination.
It is understood that such Professional Liability insurance may be provided on a claims -made basis,
and, in such case, that changes in insurers or insurance policy forms could result in the impairment of the
liability insurance protection intended for Dakota County hereunder. Contractor therefore agrees that it will not
seek or voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of
Dakota County's protection could result; and further, that it will exercise its rights under any "Extended Reporting
Period" ( "tail coverage ") or similar policy option if necessary or appropriate to avoid impairment of Dakota
County's protection. Contractor further agrees that it will, throughout the one (1) year period of required
coverage, immediately: (a) advise Dakota County of any intended or pending change of any Professional
Liability insurers or policy forms, and provide Dakota County with all pertinent information that Dakota County
may reasonably request to determine compliance with this section; and (b) immediately advise Dakota County
of any claims or threats of claims that might reasonably be expected to reduce the amount of such insurance
remaining available for the protection of Dakota County.
❑ 4. Automobile Liability. Business Automobile Liability insurance covering liability for Bodily Injury
and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non -owned
and hired automobiles and other motor vehicles utilized by Contractor in connection with its performance under
this Contract. Such policy shall provide total liability limits for combined Bodily Injury and /or Property Damage in
the amount of at least $1,500,000 per accident, which total limits may be satisfied by the limits afforded under
such policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability
policy(ies); provided, that the coverage afforded under any such Umbrella or Excess Liability policy(ies) shall be
at least as broad with respect to such Business Automobile Liability insurance as that afforded by the underlying
policy. Unless included within the scope of Contractor's Commercial General Liability policy, such Business
Automobile Liability policy shall also include coverage for motor vehicle liability assumed under this contract.
® Such policy, and, if applicable, such Umbrella or Excess Liability policy(ies), shall include Dakota
County, its officers, employees and agents as Additional Insureds thereunder.
❑ 5. Self Insurance. Dakota County recognizes that the contractor is self insured for general liability,
professional liability or automobile liability and maintains excess coverage in order to meet the requirements set
for the in this section of the contract. The contractor agrees to provide Dakota County with financial information
to assist the County in determining the ability of the contractor to cover self insured losses.
® 6. Additional Insurance. Dakota County shall, at any time during the period of the Contract, have
the right to require that Contractor secure any additional insurance, or additional feature to existing insurance,
as Dakota County may reasonably require for the protection of their interests or those of the public. In such
event Contractor shall proceed with due diligence to make every good faith effort to promptly comply with such
additional requirement(s).
® 7. Evidence of Insurance. Contractor shall promptly provide Dakota County with evidence that the
insurance coverage required hereunder is in full force and effect prior to commencement of any work. At least
City of Rosemount- 11476.doc Page 14 SHIP -G (Rev. 08- 09).dot
ten (10) days prior to termination of any such coverage, Contractor shall provide Dakota County with evidence
that such coverage will be renewed or replaced upon termination with insurance that complies with these
provisions. Such evidence of insurance shall be in the form of the Dakota County Certificate of Insurance, or in
such other form as Dakota County may reasonably request, and shall contain sufficient information to allow
Dakota County to determine whether there is compliance with these provisions. At the request of Dakota
County, Contractor shall, in addition to providing such evidence of insurance, promptly furnish Contract Manager
with a complete (and if so required, insurer- certified) copy of each insurance policy intended to provide coverage
required hereunder. All such policies shall be endorsed to require that the insurer provide at least thirty (30)-
day's notice to Dakota County prior to the effective date of policy cancellation, nonrenewal, or material adverse
change in coverage terms. On Certificate of Insurance, Contractor's insurance agency shall certify that he /she
has Error and Omissions coverage.
® 8. Insurer: Policies. All policies of insurance required under this paragraph shall be issued by
financially responsible insurers licensed to do business in the State of Minnesota, and all such insurers must be
acceptable to Dakota County. Such acceptance by Dakota County shall not be unreasonably withheld or
delayed. An insurer with a current A.M. Best Company rating of at least A -VII shall be conclusively deemed to
be acceptable. In all other instances, Dakota County shall have fifteen (15) business days from the date of
receipt of Contractor's evidence of insurance to advise Contractor in writing of any insurer that is not acceptable
to Dakota County. If Dakota County does not respond in writing within such fifteen (15) day period, Contractor's
insurer(s) shall be deemed to be acceptable to Dakota County.
® 9. Noncompliance. In the event of the failure of Contractor to maintain such insurance and /or to
furnish satisfactory evidence thereof as required herein, Dakota County shall have the right to purchase such
insurance on behalf of Contractor, which agrees to provide all necessary and appropriate information therefor
and to pay the cost thereof to Dakota County immediately upon presentation of invoice.
® 10. Loss Information. At the request of Dakota County, Contractor shall promptly furnish loss
information concerning all liability claims brought against Contractor (or any other insured under Contractor's
required policies), that may affect the amount of liability insurance available for the benefit and protection of
Dakota County under this section. Such loss information shall include such specifics and be in such form as
Dakota County may reasonably require.
® 11. Release and Waiver. Contractor agrees to rely entirely upon its own property insurance for
recovery with respect to any damage, loss or injury to the property interests of Contractor. Contractor hereby
releases Dakota County, its officers, employees, agents, and others acting on their behalf, from all claims, and
all liability or responsibility to Contractor, and to anyone claiming through or under Contractor, by way of
subrogation or otherwise, for any loss of or damage to Contractor's business or property caused by fire or other
peril or event, even if such fire or other peril or event was caused in whole or in part by the negligence or other
act or omission of Dakota County or other party who is to be released by the terms hereof, or by anyone for
whom such party may be responsible.
Contractor agrees to effect such revision of any property insurance policy as may be necessary in order
to permit the release and waiver of subrogation agreed to herein. Contractor shall, upon the request of Dakota
County, promptly provide a Certificate of Insurance, or other form of evidence as may be reasonably requested
by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is
present; and /or, if so requested by Dakota County, Contractor shall provide a full and complete copy of the
pertinent property insurance policy(ies).
Insure CS (Rev. 9/4/07)
City of Rosemount- 11476.doc Page 15 SHIP -G (Rev. 08- 09).dot
Exhibit 3
Services and Payment
Goal:
The goal of this project is to create a pedestrian and bicycle master plan to implement the goals, policies and vision of
Rosemount's Active Living plan. Rosemount's Active Living Vision is that "physical activity" can favorably improve the
health and quality of life for Rosemount residents. Accordingly, the built environment should be designed to provide a
variety of opportunities for physical activity and should accommodate a wide range of individual preferences and
abilities.
Objective:
The specific objective of the pedestrian and bicycle master plan is to plan for and support the orderly transformation of
the City into a progressive pedestrian and bicycle friendly community where citizens can easily integrate these
activities into their daily routines. The community believes the core downtown, mix of land uses, grid street network,
and extensive sidewalk, trail and park system provide a strong foundation from which to build toward this objective.
Project Action Plan
Action
People Involved
Timeline
Steps
Secure Funding
Planning, Engineering, & Parks Staff
November
Submit grant application to county by
2009
October 30, 2009
Draft RFP For
Planning, Engineering, & Parks Staff
November
Review other plans to determine scope
Consulting
2009
of work (content, timeline, public
Services
involvement, budgets).
Prepare document and review with city
and county.
Identify list of firms to solicit.
Submit RFP,
Planning Staff
December
Mail RFP to identified firms.
Review
2009
Review and score responses.
Responses, &
Interview finalists.
Select
Select consultant.
Consultant
Kickoff Meeting
Planning, Engineering, & Parks Staff
January
Meet with the consultant and finalize
2010
the project timeline, and meeting
schedule.
Prepare
Consultant
February
Steps to be determined with consultant.
Pedestrian And
Planning, Engineering, & Parks Staff
To June
Bicycle Plan
2010
Initial City
City Council
July
Present draft plan to joint session of
Council Review
Planning Commission
2010
city council and advisory boards.
Park Board
Planning Engineering, & Parks Staff
Public Review
Planning, Engineering, & Parks Staff
July 2010
Present draft plan to chamber,
& Comment
Rosemount Leadership Council and
youth commission.
City Review
City Council
August
Hold public hearing before planning
And Approval
Planning Commission
2010
commission.
Park Board
Present final plan to city council for
Planning, Engineering, & Parks Staff
approval.
Evaluation:
Rosemount plans to use two benchmarks to evaluate this project. The first will be an implementation benchmark
which will focus on measuring how much of the pedestrian and bicycle system network is developed over a given
period of time. As part of establishing reasonable goals for measuring implementation, the City will identify short,
medium and long -term objectives. The second benchmark used to evaluate the effectiveness of this project will be
user SHIP benchmarks. These benchmarks will measure both how many people are using the system and
breakdown those users into recreation and utilitarian activities.
NOTE: Information regarding services is taken directly from the "Application Form" for Active Living Projects which is
attached and incorporated herein as Attachment I and has been approved by the application review committee.
City of Rosemount- 11476.doc Page 16 SHIP -G (Rev. 08- 09).dot
Approved Bud
et from Rosemount's Pedestrian and Bicycle Master Plan revised 11/13/09
Category
Description
Amount
Materials &
Purchase materials and supplies to support public meetings including food,
$750
Supplies
tag board, paper, writing implements, name tags, maps, etc.
Contractual
Hire consultant to complete plan as detailed below
Component
Services
Costs
Assessment: Conduct a community -wide assessment of all applicable
pedestrian and bicycle plans and facilities, including:
— Dakota County Active Living Assessment and phone survey results.
— Comprehensive Plan (Active Living, Land Use, Transportation, Parks and
Recreation plans, and Capital Improvements Plans).
— Development Framework for Downtown Rosemount.
$6,500
— Inventory existing facilities and routes.
— Identification of barriers that need to be overcome in the design of facility
improvements.
— Assess the "walkability" and "bikeability" of neighborhoods throughout the
City with special emphasis near schools and in Downtown.
Community Engagement
— Facilitate community engagement process with meetings, presentations
or surveys to insure the final document reflects the needs and wants of
$4,000
Rosemount.
Plan Development: Produce recommendations, specs, and best practices for
all plan elements including:
— Network components, types of users, route and treatment standards,
destinations, safety issues and improvement, types of pedestrian and
bicycle environments and appropriate facilities, bicycle parking and end of
$6,500
trip facilities, signals, signs and way finding criteria, education and
encouragement programming, and operation and maintenance
guidelines.
Implementation: Produce implementation & prioritization standards.
— Provide policy, system and environmental change recommendations.
— Provide short and long -term plan evaluation measures.
$6,000
Total Contractual Consulting Costs:
$23,000
Printing,
Mail notice of meetings to residents and stakeholders. Copy and disseminate
$750
Postage &
finished plan.
Publications
Trainin
Pre are stakeholders and volunteers to assist in facilitating meetings.
$250
Misc. /Other
Contingency/incidentals
$250
GRAND
TOTAL
$25,000
City of Rosemount- 11476.doc Page 17 SHIP -G (Rev. 08- 09).dot
Exhibit 4
Invoice Form
Invoice for Improving Environments for Active Living in Dakota County
Date:
City:
Telephone and Email:
Make check payable to:
Send check to (address):
Expenses
Dates covered by invoice: from:
City Contact:
to
Amount
Category:
Unit Amount
Total
Materials & Supplies:
Contractual Services:
Printing, Postage & Publications:
Training:
Misc. /Other: (name, dates, times, activities):
Total:
Please keep your receipts. Return this form to:
Kris Jenson, Dakota County Public Health Dept., One Mendota Rd. W., #410, West St. Paul, MN 55118
kris.ienson(c-)co.dakota.mn.us Fax: (651) 554 -6130 Phone: (651) 554 -6140
City of Rosemount- 11476.doc Page 18 SHIP -G (Rev. 08- 09).dot
Exhibit 5
State Health Improvement Program (SHIP) Minnesota Department of Health (MD!)
Master Contract Requirements
Dakota County has entered into a Master Contract Agreement with the Minnesota Department of Health (MDH)
as required to receive grant funds. All providers who contract with Dakota County to deliver services paid for
using grant funds are also required to adhere to the following requirements as outlined in the Master Contract:
A. Publicity Any publicity given to the program, publications, or services provided resulting from this grant
contract, including but not limited to, notices, informational pamphlets, press releases, research, signs
and similar public notices prepared by the Contractor or its employees individually or jointly with others,
shall identify the State as the sponsoring agency and shall not be released, unless such release is
approved in advance by Dakota County in conversation with the State.
B. Endorsement The Contractor must not claim that the State of Minnesota or the County of Dakota
endorses its products or services.
C. Audits Contractors that expend $500,000 or more in federal assistance annually shall comply with the
audit standards as set forth in the Single Audit Act of 1984, P.L. 98 -502 and the Single Audit Act
Amendments of 1996, P.L. 104 -156 and Office of Management Budget Circular No. A -128, A -110, or A-
133, as applicable.
D. Drug Free Workplace Contractor agrees to comply with the Drug Free Workplace Act of 1988, as
implemented at 34 CFR 85, Subpart F.
E. Lobbying The Contractor agrees to comply with the provisions of United States Code, Title 31, Section
1352. The Contractor must not use any federal funds from the State to pay any person for influencing
or attempting to influence an officer or employee of a federal agency, a member of Congress, an officer
or employee of Congress, or any employee of a member of Congress in connection with the awarding of
any federal contract, the making of a federal grant, the making of any federal loan, the entering into of
any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan or cooperative agreement. If the Contractor uses any federal funds from
the State, to conduct any of the aforementioned activities, the Contractor must complete and submit to
the State the disclosure form specified by the State.
F. Rights to Inventions — Experimental, Developmental or Research Work The Contractor agrees to
comply with 37 CFR, Part 401, "Rights to Inventions Made by Nonprofit Organizations, Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements" and any implementing
regulations issued by the awarding agency.
G. Clean Air Act The Contractor agrees to comply with all applicable standards, orders or regulations
pursuant to the Clean Air Act as amended (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
H. No Smoking With respect to facilities over which Contractor has control, the Contractor shall prohibit
smoking in any area of the hospital, health care clinic, doctor's office or other health care - related public
facility, accept as allowed by Minnesota Statutes, 144.414, subdivision 3.
I. No Conflict of Interest The Contractor hereby assures that no interest exists, directly or indirectly,
which would conflict in any manner or degree with Contractor's performance of services required to be
performed under this contract.
J. No Obligation to Renew The County is under no obligation to renew this contract.
City of Rosemount- 11476.doc Page 19 SHIP -G (Rev. 08- 09).dot
Attachment I
Funding Application
This form (in Word) can be sent to applicants via e-mail, and returned to the Dakota County Public Health
Department via e-mail, by contacting Pat Stieg at 651- 554 -6184 or by e-mail: Pat. Stiegtc"D.co.dakota.mn.us.
Complete applications will be accepted from any time before October 30, 2009.
In addition to submission via e-mail, completed applications can be forwarded to:
Pat Stieg
Dakota County Public Health Department
1 Mendota Road West, Ste. 410
West St. Paul, MN 55118 -4771
Fax: (651) 554 -6130
Local Government Agency: City of Rosemount
Contact Person: Jason Lindahl, AICP
Planner
Mailing Address: City Hall
2875145"' Street West
Rosemount, MN 55068
Telephone: 651 - 322 -2090
Fax Number: 651 - 423 -4424
E -mail Address: jason.lindahl @ci.rosemount.mn.us
Request: $25,000 for a Pedestrian and Bicycle Master Plan
A. Planned Focus Area(s)
What are the goals and objectives of this proposed project?
The goal of this project is to create a pedestrian and bicycle master plan to implement the goals, policies and
vision of Rosemount's Active Living plan. Rosemount's Active Living Vision is "physical activity can favorably
improve the health and quality of life for Rosemount residents. Therefore, the built environment should be
designed to provide a variety of opportunities for physical activity and should accommodate a wide range of
individual preferences and abilities."
The specific objective of the pedestrian and bicycle master plan will be to plan for and support the orderly
transformation of the City into a progressive pedestrian and bicycle friendly community where citizens can easily
integrate these activities into their daily routines. The community believes the core downtown, mix of land uses,
grid street network, and extensive sidewalk, trail and park system provide a strong foundation from which to
build toward this objective.
Describe any assessment or study analysis that has been done, which supports the need for this proposed
project.
In the fall of 2006, City staff began working with the Dakota County Active Living Partnership. This group
included representatives from Dakota County, School District 196, the communities of Apple Valley, Eagan and
Rosemount as well as a mix of interested private sector stakeholders. The main focus of this group was to
assess the active living conditions in the partnering communities and suggest policy changes that would
encourage increased physical activity in daily routines. The findings from this assessment served as the basis
for the Active Living Section of Rosemount's Comprehensive Plan and are summarized below. One of the
major findings of this assessment (and now goal of the Active Living plan) was the need for Rosemount to
City of Rosemount- 11476.doc Page 20 SHIP -G (Rev. 08- 09).dot
develop a pedestrian and bicycle master plan to help coordinate the City's land use, transportation, and parks
and recreation plans around the community's active living vision.
The assessment was led by Active Living by Design from the University of North Carolina — Chapel Hill and
involved a series of informational meetings as well as a telephone survey of residents conducted by the survey
firm Decision Resources. The assessment gathered data about the individual activity levels, trends in urban
development, and feedback from stakeholders.
Overall the survey found that Rosemount is a very active community, yet few of those active citizens were active
for utilitarian purposes. Over 80% get at least 30 minutes of moderate physical active at least 3 times per week.
Of those who were active, 38% get at least 60 minutes of moderate physical activity. In addition, while many
Rosemount residents have access to the City's sidewalk and trail system and live relatively close to work or
school, few actually walk or bike to those destinations. While 83 percent indicated that there were sidewalk and
trails in their neighborhood, 39 percent indicated that the sidewalk and trail network did not connect with where
they wanted to go. The survey also found that 25 percent of Rosemount residents live within 5 mile of work.
Yet 94 percent of adults said they have never biked to work. Similarly 91 percent of children have never biked
to school.
Based on the information gathered during the informational meetings and telephone survey, the group made
four primary assessment findings. These findings are listed below and support the need for this project.
1. While many residents of Dakota County and the partnering communities are recreationally active, few
are walking or biking for utilitarian purposes.
2. Many components of the partnering community's land use, transportation, and parks and recreation
policies seem to support active living but operate without a coordinated active living focus.
3. Transportation and recreation facilities are abundant but are not connected to form a network for active
living and dangerous roads likely prevent their use.
4. The current infrastructure and distance between schools, workplaces, homes and services does not
support active living.
National studies identify three main barriers to becoming more physically active: personal (motivation, etc.),
social (time or social support) and environmental (facilities and access to them). To assess the impact of these
national barriers on the local community, Rosemount conducted a "walkability/bikability" workshop in September
of 2008. These event guided members of the City Council, Planning Commission, Port Authority, and Parks
Board through downtown and the adjacent neighborhoods to evaluate the community's pedestrian and bicycle
infrastructure. As a result of this workshop, the group identified the following environmental barrier.
1. Arterial and Collector roads with high traffic speeds and poor crossings.
2. Railroad lines with poor crossings.
3. Distance between destinations.
4. Incomplete sidewalk and trail network.
5. Limited transit service and supportive facilities.
Addressing these four barriers will be key to creating and implementing a successful pedestrian and bicycle
master plan for Rosemount.
Describe how the project contributes to advancing your agency's Comprehensive Plan, Livable Communities
Plan, or Master Bike and /or Pedestrian Plan.
The findings from this assessment served as the basis for the eight goals in the Active Living section of
Rosemount's Comprehensive Plan. Those goals and objectives call for the City to coordinate its land use,
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transportation, and parks and recreation plans around the community's active living vision. Generally, Goal 3
calls for the City to "support pedestrian- oriented transportation facilities and services." Specifically, the
objectives under this goal call for the City to, (1) support a balanced transportation system that makes it possible
for residents to walk or ride a bicycle to a store, school, or work, (2) improve the environment for pedestrians
and bicyclists, and (3) develop a bicycle and pedestrian plan. Development of the Pedestrian and Bicycle
Master Plan will allow Rosemount to identify gaps in the City's existing system and prioritize their
implementation.
Describe the policy, system and /or environmental change that will result from this project.
As noted above, the objective of this project will be to plan for and support the orderly transformation of the City
into a progressive pedestrian and bicycle friendly community where citizens can easily integrate these activities
into their daily routines. Accordingly, this plan should contain specific policies and development standards to
create a balanced transportation system that improves the built environment for both pedestrians and bicyclists.
Describe the population segment (s) you will impact through this change.
Rosemount's objective for this project is to, over time, transform the City into a progressive pedestrian and
bicycle friendly community where every citizen can easily integrate these activities into their daily routines. As a
result, the general intent of the project is to benefit all population segments within the community with special
emphasis on school aged children and young, active families.
Targeted Population Segment Demo ra hic Data
Category
Percent of City Total Population
Children Under 18
35%
Person 65 & Older
5.4%
Households with Children
.66%
Bachelor's Degree or More
29.9%
Get at Least 30 Minutes of Moderate Physical Activity at Least 3 Times
Per Week
82%
Live 5 Miles or Less from Work
23%
Walked or Bikes to Work Zero Days Per Week In the Last 12 Months
94%
Walked or Biked to School Zero Days Per Week in the Last 12 Month
91%
Source: 2000 Census and Dakota County Active Living Assessment Telephone Survey, April 2007
The population segment most often targeted for these types of projects is known as the "8 and 80"
demographic. This strategy advocates designing the system for users who are either 8 or 80 years of age with
the goal of creating a system that can accommodate all ages and abilities. This strategy fits well with
Rosemont's predominately young, educated, and active demographics as well as the overall aging trend.
Detailed demographic and survey data supporting the City's targeted population segments are provided in the
table above. Over one -third of Rosemount's population is under that age of 18, indicating providing safe routes
to schools, parks and recreation centers should be a priority. Rosemount is also a highly educated and active
community with nearly 30% having at least a Bachelor's degree and over 80% getting at least 30 minutes of
moderate physical active at least 3 times per week. However, while 23% of the population lives 5 miles or less
from work, 94% never walk or bike to work. Similarly, 22% live within 1 mile of their children's school, yet 91
percent never walk or bike to school.
Describe how there will be increased access to non - motorized transportation and /or community recreation
facilities for these populations.
This project will increase access to non - motorized transportation and community recreational facilities by
planning for a complete pedestrian and bicycle network that allows citizens of all ages and abilities to easily
incorporate these activities into their daily routes. While it is difficult to anticipate all the methods the plan could
produce, some likely elements include: network components, types of users, route and treatment standards,
destinations, safety issues and improvement, types of pedestrian and bicycle environments and appropriate
facilities, bicycle parking and end of trip facilities, signals, signs and wayfinding criteria, education and
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encouragement programming, prioritization and implementation standards, and operation and maintenance
guidelines.
Describe the specific actions you plan to take. Describe the people that will be responsible /involved, your
timeline, and the steps to be taken to complete each action.
The table on the next page details the action steps, people involved, timeline, and steps to be take in developing
Rosemount Pedestrian and Bicycle Master Plan.
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Project Action Plan
Action
People Involved
Timeline
Steps
Identify Projects
Planning, Engineering, & Parks
October
Review Active Living, Land Use,
And Estimate
Staff
2009
Transportation, And Park And
Expenses
Recreation Section Of The
Comprehensive Plan
Secure Funding
Planning, Engineering, & Parks
November
Submit Grant Application To County
Staff
2009
By October 30, 2009
Draft RFP For
Planning, Engineering, & Parks
November
Review Other Plans To Determine
Consulting
Staff
2009
Scope Of Work (Content, Timeline,
Services
Public Involvement, Budgets).
Prepare Document And Review
With City And County.
Identify List Of Firms To Solicit.
Submit Rfp,
Planning Staff
December
Mail Rfp To Identified Firms.
Review
2009
Review And Score Responses.
Responses, &
Interview Finalists.
Select Consultant
Select Consultant
Kickoff Meeting
Planning, Engineering, & Parks
January
Meet With Consultant
Staff
2010
Finalize Project Timeline And
Meetinq Schedule
Prepare
Consultant
February To
Steps To Be Determined With
Pedestrian And
Planning, Engineering, & Parks
June 2010
Consultant
Bicycle Plan
Staff
Initial City Council
City Council
July
Present Draft Plan To Joint Session
Review
Planning Commission
Of City Council And Advisory
Park Board
Boards.
Planning, Engineering, & Parks
Staff
Public Review &
Planning, Engineering, & Parks
July 2010
Present Draft Plan To Chamber,
Comment
Staff
Rosemount Leadership Council And
Youth Commission
City Review And
City Council
August 2010
Hold Public Hearing Before Planning
Approval
Planning Commission
Commission.
Park Board
Present Final Plan To City Council
Planning, Engineering, & Parks
For Approval
Staff
Describe how you propose to evaluate the effectiveness of this work.
Rosemount plans to use two benchmarks to evaluate this project. The first will be implementation benchmark
which will focus on measuring how much of the pedestrian and bicycle system network is developed over a
given period of time. As part of establishing reasonable goals for measuring implementation, the City will
identify short, medium and long term objectives. The second benchmark used to evaluate the effectiveness of
this project will be usership benchmarks. These benchmarks will measure both how many people are using the
system and breakdown those users into recreation and utilitarian activities.
BUDGET: Provide a detailed numerical budget, with narrative as appropriate, demonstrating the need for the
funding support requested to implement your action plan.
Rosemount requests $25,000 to create a Pedestrian and Bicycle Master Plan for the Community. The details of
this budget are outlined in the table below. The largest line item in the budget is $23,000 for contractual service
which will include retaining a consultant to complete the plan. The remaining funds are broken down into
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Materials and Supplies ($750), Printing, Postage and Publication ($750), Training ($250), and Miscellaneous
expenses ($250).
Propose Budget from Rosemount's Pedestrian and Bic cle Master Plan
Category
Description
Amount
Materials & Supplies
Purchase Materials And Supplies To
$750
Support Public Meetings Including
Food, Tagboard, Paper, Writing
Implements, Name Tags, Maps, Etc.
Contractual Services
Hire Consultant To Complete Plan
$23,000
Printing, Postage & Publications
Mail Notice Of Meetings To
$750
Residents And Stakeholders, Copy
And Disseminate Finished Plan.
Training
Prepare Stakeholders And
$250
Volunteers To Assist In Facilitating
Meetings
Misc. /Other
Contingency/Incidentals
$250
Grand Total
$25,000
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