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10-238Council File # 10-238 Green Sheet # 3100496 �SOLUTION OF SAI T PAUL, M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 2Q 21 22 23 24 Presented by WHEREAS, the Acti��rcai�msey Counry Iniriarive has undertaken a"1,000 Benches" progam to facilitate active living m Ramsey County, and a component of the project is the instailation of "bench comdors", which will support walking as a form of nansportarion; and WHEREAS, Fnends of Lilydale Regional Park has submitted an apphcarion for a bench comdor at Lilydale Regional Park and it was approved by the Samt Paul Parks and Recreanon Commission on July I5, 2009; and WHEREAS, the Lilydale Regional Park pio�ect consists of ten benches, to be mstalled along the ioute througb the brickyard area along the west bluff of the Mississippi River, al] locations on public park land owned by Saint Paul Parks and Recreation; and WHEREAS, two addihonal benches will be located at Dunedin High Rise, 469 Ada Street; and WHEREAS, the puxchase of the benches and plaques will be funded by Samt Paul- Ramsey County Env�ronmental Healfh, who w�ll donate the benches and plaques to the City; and ttuougb a Star Gzant obtained by Fciends of Lilydale Regional Park and a donat�on by Fnends of Lilydale Park; and WHEREAS, the Ciry of Samt Paul Parks and Recreation w�ll mstall the bench pads, benches and plaques; and WHEREAS, the installatron of the benches serves a pubhc puipose in promoting exercise and alternative transportation methods, and NOW, THERFORE BE IT RESOLVED, that the City Council agrees to the terms established in the agreement with Ramsey County, and accepts the donation of the benches and plaques. Requested b Deparhnent of Parks and Rec �eati n: �- By: Approved by the Office of Financial Services By: Approved by C y Attorney � BY� �' /WGC— J � �Cc�l'n^-c� Approved by M� r for Submission to Council Adoption Cextified by Coun �1 Secretary By; By '" ' Approvedby a i Date U'� p (7 By � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green She� PR_ParksandRecreation ; 26FEB2010 ; Green Sheet NO: 3 10 0 496 � - - Contact Person 8 Phone: Kathy Korum 266-6373 ' Must Be on Council Agenda by (Date): I Doa Type: RESOLUTION ' E-DOCUment Required= Y �� Document Contact: Kathy Korum Contact Phone: 266-6373 A5~ Number Por ; Routing �i Ortler 0 i 2 3 A 5 ���'�P Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: '�� Signatures on attached resoluhon allowing the City of Saint Paul and Ramsey Counry to enter into an agreement far the 1,000 , Benches Program. Recommendations: Approve (A) or Reject (R)� Plannmg Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1 Has this personifirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skili not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Ramsey County has established and funded the "Pathways to Health" 1,000 Benches Program to support and promote the Active Living Counry Initiat�ve. Some of these benches aze to be mstalled in the C�ry of Sai�t Paul. �I Advantages If Approved: ' The 1,000 benches program will proceed. Disadvantages If Approved: None I Disadvantages If Not Approved: 'i There will be a delay in installaYion of these benches, possibly resulting in loss of g'and funds. Total Amoun[ of Transaction: Funding Source: Finan cial Information: (Explain) CosURevenue Budgeted: Activity Number: February 26, 2010 2:54 PM Page 1 � � Green Sheet Green Sheet Green 5heeY Green Sheet Green Sheet Greert Sheet � �a8�r�uor��rc«„wY ��,;�,� ���at/`� PR— ��� Re ��� � n�U��� i Green Sheet NO: 3072899 ContrcE Person & Phrn�e' R��}i $C11Ui11i 66432 �� � on Caursdl f�qenda by (pate}: O5-AUG-09 �, 7 yce; RESOLliT10N W/$ TRAWSACTtON E Requiretl: Y Dncumetk Conbe2: Cintly Martison ContactPhone: 66398 � Assign Number Fcr Routing Order TWai SofSignaWre pa9� _(CGp A11 Location5 fofSignaWre) Approve Resoluaon accepting ihe donation uf 12 benches foz instailarion at Lilydaie Regional Park and Duaedip Hip,fi glse b}• Sa�nt Paal Ramsey Coimty Public Ilealth through the'u "Pathways to Health" program. RecommerWa'tions: Approve (q) or Reject (R); PlanniRg Cpmmiss�oci CIB Committee Civfl Service Commiasion Perso�l Service Contrac;s Must Mswer fhe Foilowing Questions; t. Nas Nis persoMflrtn ever worketl uc�der a mntract for this deparfineM? Yes No 2- fias this person(firm ever been a IXty empbyeeY Yes No 3 . �1Oes t�is Pei,�oNfi�m possess a Skitl not cmrmaltY possessed by any arrenf cily employee� Yes No Explain a!I yes answers on sepa2te sheat arM anach 10 green sF�eet, initiating Problem� Issues, OpMrtunih IpVMO, Whak� When� Whare� WhY): Saint Paul has the oppomuii(y to receive a donation of 12 pazk benches to insYal] at Lilydale Regiongl Park and punedin Fligh gtse, Advarrtages lf Approvetl: � Saint Paut will have 10 pazk benches instalied at Lilydals Regional Pazk and two benches instailed at Iluuedin High Rise. The installation of the benches serves a pubire purpose in promoting exercise and altemat]ve transportation methods. Disadvantages�lf Approved: None DisadvaMages tf NMApproved= — Pazk benches forpubtic use wili noY be installed at Liiydate Regionat Park and Dunedin High Rise. Tota1 qmount of 7ransaction: $8,944.06 cost/Revenue Sutlgeted: Y Wnd�ng Source: Sf Paul & RBtpsey Co Public p�� N 728-53� OB Health & Star Grant Financiai tMo��on' Value of 5naucial donations from Ramsey County aud Friends of Lilydale Pazk is $8,944.00 .tuly 22 Zoas s:a7 ann Page 1 10-238 ACTIVE LIVING RAMSEY COUNTY 1,000 BENCHES PROGRAM PROJECT CONTRACT This project contract dated as of December 7, 2009, and amendments and supplements hereto, is between the County of Ramsey (hereinafter COTJNTY) and The City of St. Paul (hereinafter GRANTEB}, witnesseth that: WHEI2EAS, the COIJNTY has established and funded the "Pathways to Health" 1,000 Benches Pro�ram to support and promote the Active Living Ramsey County Initiative; and WHEREAS, the GRAlVTEE represents Yhat if is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, IT IS AGREED BY AND SETWEEN THE PARTIES THAT: I. GRANTEE'S DUTIES The GRANTEB will construct a network of 12 benches in Lilydale Park in the City of St. Paui on pablicly accessible right of way at the locations indicated and in accordance with the plans and details contained in the grantee's application attached hereto as Exhibit I. The specific location for each bench within the network will be identified on the map attached hereto as Exhibit II. IL CONSIDERATION ANA TERMS OF PAYMENT A. Consideration for all services performed by the GRANTEE pursuant to this grant contract shal] be paid by the COIJNTY as follows: Compensation for 50 percent of the actual cosYs incurred by the GRANTEE to purchase and install the bench network, not to exceed $600 per bench. The total obligation of the COLTNTY for all reimbursements to the GRANTEE shall not exceed $600/bench location. B. Terms of Pavment. The COLJNTY shall issue a single reimbursement payment to the GRANTEE based upon submission of complete proof ofpayment by the GRANTEE for at least 200% of the total amount identified in Section II A of this agreement No reimbursement for construction costs will be made after two (2) years from tbe date of execution of this Contract. The COIJNTY will require evidence of substantial completion of the bench network prior to reimbursement. III. CONDITIONS OF PAYMENT All services provided by the GRANTEE pursuant to this grant contract shall be performed to the satisfaction of the COLJNTY, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. The GRANTEE shall implement the project in accordance with the plans and specifications incorporated into (Exhibit � and the location map (Exhibit II) atCached hereto. The GRANTEE sball not receive 1,000 Benches Program Grant Agreement Page 1 of 5 10-238 payment for work found by the COiJ?VTY to be unsatisfactory, or performed in violation of federal, state or local laws, ordinances, rules or re�ulations. N. TERMS OF CONTRACT This �ant contract shall be effective on Decemher 7, 2009, or upon the date that the final required signature is obtained by the COIJNTY, whichever occurs later, and shall remain in effect unril December 7, 2011, or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs first. The GRANTEE understands that NO work should begin under this grant contract until ALL required signatures have been obtained, and the GRANTEE is notified to begin work by the COLJNTY's authorized representative. V. CANCELLATION This grant contract may be cancelled by the COIJNTY or the GRANTEE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the GRANTEE shall not be entifled to any reimbursement payments unless, in the sole judgment of the COUNTY, the work performed by the GRANTEE resulted in a usable product, consistent with the goal of the 1,000 Benches Program. The COLTNTY may cancel the grant immediately if the COUNTY finds that there has been a failLU to comply with the provisions of this grant contract, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been or will not be fulfilied. The COUNTY may take acfion to protect the interests of the COLJNTY, including refusal to disburse funds. VL COUNTY'S AUTHORIZED REPRESENTATIVE The COLJNTY's authorized representative, for the purposes of administration of this grant contract, is Connie Bernardy, Ramsey County Parks and Recreation, Active Living Ramsey County! Directar. Such representative sha11 have final authority for acceptance of the GRANTEE's services and if such services are accepted as satisfactary, shall so certify on each invoice submitted pursuant to Clause II, paragraph B, The GRANTEE's authorized representative for purposes of administration of this granY contract is Ruth Schumi, Health and Fitness Coordinator, City of St. Paul, 5 West 4 Street, Room 400, St. Paul, MN 55102. The GRANTEE's authorized representative shall have full authority to represent the GRA_NTEE in its fixlfillment of the terms, conditions and requirements of this grant contract. VII. ASSIGNMENT GRANTBB shall neither assign nor transfer any rights or obligatians under this grant coutract without the prior written consent of the COUNTY. 1,000 Benches Program Grant Agreement Page2of5 10-238 �'III. ANiENDMENTS Any amendments to this �ant contract shali be in writing, and shall be executed by the same parties who executed the original grant contract, or their successors in office. IX. INDEMNITY Each party will defend and indemnify the other its officers, agents, and employees from all claims and causes of actions relating to or arising fi the land acquisition, construction, development, or public use of the benches constructed pursuant to this agreement. This provision shall survive any termination of this agreement. Nothing in this Agreement shall constitute a waivez by the County or by the City of Saint Paul of any statutory or common law immunities, limits, or exceptions on liability. X. COUNTY AUDITS The books, records, documents and accounting procedures and practices of the GRANTEE relevant to this grant contract sha11 be subject to examination by the COUNTY's auditor. XL DATA PRACTICES ACT The GRANTEE agrees to comply with the Minnesota Government Data Practices Act as it applies to all data provided by the COLJNTY in accardance with this grant contract and as it applies to all data created, gathered, generated or acquired in accordance with this grant contract. XII. ACKNOWLEDGMENTS Each bench location in the bench network shall incorporate the acknowledgment and messages of Active Living Ramsey County and the Ramsey County/St_ Pau1 Department of Public Health as specified in the plans and specifications (Exhibit n. Acknowledgment of the GRANTEE and other donors shall be in a format that is consistetrt with the plans and specifications (Exhibit I). XIIL WASTE REDUCTION The GRANTEE shail participate in a recycling program for at least four broad types of recyciable materials and shall favor the purchase of recycled products in its procurement processes. All reports, publications and documents produced as a result of this grant contract shall be printed on both sides of the paper, where commonly accepted publishing practices allow, on recycled and recyclable paper using soy-based inks, and shall be bound in a manner that does not use glue. XIV. SETOFF Notwithstandina any provision of this grant contract to the contrary, the GRANTEE shall not be relieved of liability to the COUNTY for damages sustained by the COLTNTY by virtue of any breach of this grant contract by the GRANTEE. The COiJNTY may withhold any payment to the GRANTEE for the purpose of setoff until 1,000 Benches Program Grant Agxeement Page 3 of 5 10-238 such time as the exact amount of damages due the COUIVTY from the GRANTEE is determined. XV. EQUAL EMPLOYMENT OPPORTUNITY The GRANTEE agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, sexual preference, disability, or age. VJhen required by law or requested by the COiJNTY, the GRANTEE shall fumish a written affirmative action plan. XVL ACCESS TO DOCUMENTS Until the expiration of three years after the furnishing of services pursuant to this grant contract, the GRANTEE, upon written request, shall make available to the COUNTY, the state auditor or the COLJNTY's ultimate funding sources, a copy of this grant contract and the books, documents, records and accounting procedures and practices of Yhe GRANTEE relating to this grant contract. XVII. WORKPLACE VIOLENCE PREVENTION The GRANTEE shall make all reasonable efforts to ensure that the GRANTEE's employees, officials and subGRANTEEs do not engage in violence while performing under this grant contract. Violence, as defined by the Ramsey County Workplace Violence Prevention and Respectful Workplace Policy, is defined as words and actions that hurt or attempt to threaten or hurt people, any action involving the use of physical force, harassment, intimidation, disrespect, or misuse of power and authority where the impact is to cause pain, fear or hurt. XVIII. WORItF'ORCE DIVERSITY The GRANTEE shall make good faith efforts, throughout the term of this grant contract and any extensions thereof, to employ persons of color for all classifications of work under this grant contract, and shall, when requested by the COL7NTY, submit a written report to the COiJNTY regarding the efForts and results of such efforts, including employment by job classification. XIX. INTERPRETATION OF CONTRACT: VENUE This gcant contract shall be intezpreted and construed according to the laws of the State of Minnesota. All lirigation regarding this grant contract shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. XX. ENTIRE CONTRACT This grant contract shall constitute the entire grant contract between the parties and shall supersede all prior oral or wriTten negotiafions. XXL LONGEVITY AND MAINTENANCE OF FACILITIES The GRANTEE agrees that facilities funded under this grant contract will be maintained in a safe usable condition for a minimum of 20 years from the date of 1,000 Benches Program Grant Agreement Page4of5 10-238 project completion. it is further understood that as part of this a�eement, GR�NTEE also a�rees to repair and provide appropriate upkeep andlor replacement of all benches installed as part of the Active Living Ramsey County! "Pathway to Health" 1,OOQ Benches routes as indentifies in E�ibit I and II. XXIL ACCESS TO FACILITIES The GRANTEE agrees that facilities funded under this grant contract will be available for use by all people regardless of race, gender, economic back�ound or national origin. WHEREFORP, this Agreement is duly executed on the last date written below. RAMSEY COUNTY CITYO�'ST. PAUL 7ulie Kleinschmidt County Manager � Date: Approval recommended: Rob Fulton, Director of Public Health 9pproved as to form and insurance: Assistant County Attorney Funds are available Account Number: Purchase order, Aspen Vendor or Contract Number: �Ichael Hahm, CPRP� Director, Saint Paul Parks and Recreation Date: ���" ( b Employer ldentification Number: 4��- (�SS�� Appro a o rm: ��i City Attomey 1,000 Benches Program Grant Agreement Page 5 of 6 10-238 EXHiEIT I 1,000 Benches Project A�plicafion The Friends of Lilydale Pazk / West Side Citizens Organization, through the City of Saint Paul Department of Pazks and Recreation respectfully submits the fotlowing appIication for a 1,000 Benches Project Grant. Date: Qctober 1, 20o9 Praject Spansor: Local unit of government: Community Partners: Project Location: City of Saint Paul Friends of Liiyd�le Fark, etc. City of Saint Pauf City of 5aint Panl Star Grant Saint Paut Pubfic Housing Neighborhood Hovse Friends oFLilydale Park Primary cantact person for the project (City): Name Ruth Schumi Title Health and Fitness Coordinator Address 5 W. 4�' Street, Room 400 City/Zip Saint Paal, MN 55102 Phone: 51-266-6432 or 651-^s41-7486 'Proieat Summurv: The Brickyard Trail Patbway to Healfh links 1 D benches on tIie river bIuffs and trails deseending toward Piekerel Lake and tUe Mississippi ttiver in Lilydale Park. An addiYional two benches are to 6e located at tl�e neazby Dm�edin Tligh Rise on Saint PauI's West Side, wkere many seniars aud law-ineome live. Our proposai is to place benches in key locations throughout the park, particu[arly on trails on the relatively steep bluff side. This wi11 offer fiikers an opportunity for both aesthetic appreciation of striking scenic views, as-well as opporlunities for rest breaks on what can be challengiag trails. We antieipate tl�e benches will helfl inerease trail use by individusIs including senior citizens and families with children who might oti�ercvise not be willing or able to take advantage of Lilydale Park's trails and other resovrces. Even fit, able bodied members of our comnzunity have remarked that it would be nice to have an occasiona! spot to stop and rest while walkinglhiking in the paric. �oa1s- The project aiins to promote connnunity wellness ttzrough active and healthy lifestyle choices. In parEicuIar; • The Brickyard Trai1 Pathfvay to Health wifl make a coimection beiwaen the top and hottom of the steep river bluf£for residents and visitors to Lilydale Park • The Briekyard Trai! PatBwny to Healfh wi(1 promote increased plrysical ac[ivity and expanded environmental awareness. • The Britkyard Trai1 PaYhway to Heaiih wiil serve the entire community, inafud'uig a wide diversiry o'f age, ethnic and racial backa ounds. It wi11 help link 10-238 area residents to Lilydale Park and to other community business, social and other opportunities. To#al benc6es: 12 Route: From the top of the river bluff in Lilydale Pazk {near Highway 13) down the Brickyard Traii to Piakerel Lake. Benches wiIi also 6e located aiong the path toward the park entrance on Water Sh�eet Two more will be at Dunedin High Rise, 469 Ada 5treet. AlI benches wi11 be installed on Ciry of Saint Paul park properry or on property owned by Saint Paul Public Housing. This will eluninate the need for outside agreements with private land owners. Saint Paul Pazks and Recreation will maintain the benches and surround areas located in Lilydale Regionaf Pazk. Saint Paul Public Hausing will maintain the benches located at Dunedin High Rise. Destinafions: Pickerel Lake, Mississippi River, fossil grounds in Lilydate Park, remnairts of old brickyards in Lilydale, cavas, natural areas, Cesar Chavez commercial azeas, WeIlstone Center, West Side Community Health Center, other social service institutions •Ponnlations served: � Seniors — sarving bbth active and older adult's needing assistance e Youtl� — schonl and environmental studies groups utilitizing Lilydale Pazk naturaI resources ��d experiencing the outdoors • FamiIies — se2ving ]ocai residents and other visitors to Lilydale Regional Park Recnmmended Paver Ouotes: • The longest journey begins with a single step. — Lao Tsu m Look deep inTo nature, and fl}en you will understand everything better. — Albert Einstein � We do nat inherit the Earti� from our Ancestors; we borrow it from aur children. - - Ancient Native America�i Froverb • No anatter l�ov✓ full the river, it still wauts to grow. -African Proverb �' Come forth into the light of things, let nature be yaur teacher. - William Wordswarth * Waiking is the best possible exercise. Habituate yourseff to watl: very far. - Thomas 7efferson �' Thoughts come cleazly whiie one wa(ks. - Thomas Mann * In all things ofnature tI3ere is somethin� ofUie maruelous. - Aristotfe * I dreain af hiking into my ald age. 10-238 - Mazlyn Doan * Every �ood hike brings yov eventuaily back home. - Edward Abbey The Brickvard Trail Pathwav to Health Budaet• Benches, Pavers, Delivery, Tax: Tax Tas • Concrete Benefi Siab Installation • InstaIlation & Turf Restaratiou • Funding Sources: Saint Pau! Parks and Recreation Saint Paul Pazks and Recreation o Active Living Ramsey County ($7,200 requested) o Ciiy of Saint Paul STAR Csrant ($6630A0) o Saint Paul Public Housing ($300.00) o Neighborhood House ($75.00 +$275 in kind o Friends of LiIydale Park (�SQq:DO) Proiect Timetine: • Beneltes and pavers ordered: Fa14 09 • Bench sixes developed and prepped: Fall 09 to Spring 10 « Banches and pavers snstalled: I'all 09 to Spring 10 • Projectrecognition event: Spring 1� Resolufion from Saint Pau] City Councii is attached. STAR p ant fundina award is attachad � �� �x12 x12 x12 $8845.11 ,'�•t �i .. .� � SiSl �1335.51 � � � '.i' �,f3C '+� . ; �.. r .f',�,.. �.,/'.�,�; ��av� !! � s� I Y 4'.. f' .� ..O': �� t � � � ♦..�,� �± Te � y � [ � �/�� 1 .. . Y :rM1+R . . �1 / fiY � . � ��� . � s� � r.., ,� S S` QQ 1 S rt ~ # F F � , � f� -0 � � {/ .'+Ki. ' . � _� V .. �,-'�'�..:. � _ �_3 �f y ����� p i . � y y� + � � �� . 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