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273654 WNITE - CITV CI.ERK PINK - FINANCE I TY OF SA I NT PALT L Council CANARV - OEPARTMENT J BLUE - MAYOR File NO• t/�������� ,�Council Resolution , _ � Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the proper City officials are hereby authorized and directed to execute an agreement with the Metropolitan Council whereby the City will perform various services in the development of an Employer Ride Sharing Program in cooperation with the Metropolitan Transit Cocrnnission; a copy of said agreement to be kept on file in the Department of Finance and Management Services. COUNCILMEN Requested by Department of: Yeas Nays -'B'���rn�d� �_ In Favor Hozza Hunt O Levine _ __ Against BY Maddox Showalter Tedesco ��P y 1979 For Approved rne Adopted by Council: Date e � Certified a��e by Counci cr B g�, t�ppr by lqavor: Date 1 O �919 Approved y or or Submis 'on to Councii BY� By �._.J ���+�� S E P 1� 1979 .• • - CONTRACT N0. G METROPOLITAN COUNCIL �����(� CONTRACT FOR INTERAGENCY SERVICES THIS AGREEMENT is made and entered into this day of , 1979 , by and between the Metropolitan Council , Fierein called the "Council ," and the City of St. Paul , herein called the "City." WHEREAS, the Council desires to engage the City to perform certain technical and �rofessional services and in consideration of the mutual promises and covenants hereinafter contained , the parties hereto agree as follows: I . SCOPE OF SERVICES The Council hereby agrees to engage the City, and the City hereby agrees to do, perform, and carry out in a satisfactory and proper manner , as determined by the Council , the development of an employer ride sharing program in cooperation with the Metropolitan Transit Commission (MTC) . The City hereby agrees to do, perform and carry out the following services: ' 1. 01 Task 1 : Survey Employers. The City shall assist the private sector with a survey of target employers to determine the level of assistance needed by employers in the City, the total number of empoyers that potentially could participate in and the feasibility of a more centralized and cooperative program to encourage ride sharing. The survey and results analysis shall be completed and mac3e available to the Metropolitan Transit Commission and the Council by December 1, 1979 . 1 . 02 Task 2: Identify Compatible Programs. The City shall identify existing and potential city and private programs and policies that would either encourage or inhibit participation in ride sharing programs. The City programs studied will include, but not necessarily be limited to, the City' s parking program and City working hours. The City shall investigate what private business programs and/or policies are compatible with ride sharing programs. 1 .03 Task 3 : Assist with Development of ProcLram Information Packet. The City in conjunction with the MTC shall evaluate the services available through the MTC' s "Share a Ride" program. The City will determine from the results of Task 2, those additional and compatible services which are best provided by the City ( e.g. , parking) . The MTC with assistance from the City shall develop a ride sharing program information packet that can be presented to candidate employers. 1.04 Task 4 : Assist with Information Dissemination. The City shall assist the MTC in disseminating information to emp oyers concerning the ride sharing services that are available and assist the MTC with the actual initiation of individual ride sharing programs. � " -2- . 1 . 05 Task 5: Assist ��lo er_s with Ride �Shar_i�n_� �Pro_�rams_. The City in cooperation wit the MT- C s�l�assist emp�oyers wi^-t�i tFie implementation and maintenance of the employers individual ride �- sharing programs. The City shall collect data to determine the level of employer satisfaction with their implemented ride sharing programs as an evaluation of the City' s overall ride sharing program performance. Results of this evaluation shall be made available to the MTC and the Council . 1. 06 Task 6 : Determine Air Quality Benefits. The City shall , upon receipt of appropriate ride s a�ririg��data from MTC, estimate the reductions in vehicle miles travel�ed (VMT) for the St. Paul Central Business District (CBD) and for the Region as a result of the proposed St. Paul ride sharing project to date. The City shall calculate the expected carbon monoxide (CO) and hydrocarbon (HC) emission reductions for the St. Paul CBD for 1982 and 1987 stemming from the anticipated VMT reductions. The City shall submit a report to the Council concerning the resulting and expected VMT reductions and the corresponding emission reductions no later than July 1 , 1980. 1. 07 Task 7 : Pro,Zect Re orts. The City shall submit a final project report to the Council no ater than October 1 , 1980 which includes: results of the employers surveys, summary of the complimentary parking program and other related City programs, summary of individual employers participating in ride sharing programs, and resulting to date and expected 1982 and 1987 VMT reductions and corresponding CO and HC emission reductions due to ride sharing programs. The City shall submit quarterly progress reports to the Council which include evaluations of the status of ride sharing programs: surveys, parking program, performance, and emission reduction estimates . II . COMPENSATION: METHOD OF PAYMENT. 2. 01 Maximum Total Com ensation. The maximum total compensation to be paid to the City by t e Council under this contract shall be $18 ,000 and shall be considered a contribution to the total cost of the project work. Any additional expenses incurred by the City to complete the air monitoring network in excess of $18 ,000 shall not be reimbursed by the Council and shall be obtained by the City from additional sources of funding . 2.02 Method of Payment. A. Within twenty-one (21) days following the end of each quarter of performance of this agreement, the City shall submit to the Council : � 1 . A quarterly, written invoice containing a detailed list of project labor , including hours, rates, titles, amounts, and a list of reimbursable project costs and expenses; 2. A quarterly progress report describing and discussing the contract work completed to the date of invoice. . • -3- 8. On the Council ' s verification and acceptance of the above invoices and of the progress report, the Council � shall pay the City 90 percent of each invoiced amount. C. Upon completion of the project and submittal of the final report as specified in Paragraph 1.07, the City shall deliver to the Council a final invoice and a • , request for payment of the 10 percent previously held back as well as any other sums then owing. The Council shall pay this final invoice upon its approval and acknowledgement of a satisfactory completion of the . contract work. III . GENERAL PROVISIONS 3 . 01 Period of Performance. The services of the City shall commence immediately upon execution of this agreement and shall terminate on October 1 , 1980. 3 .02 Cancellation. This contract may be cancelled by the Council or the City at any time with or without cause upon thirty (30) days written notice to the other party. In the event of such cancellation, the City shall be entitled to payment, determined on a prorata basis for work or services satisfactorily performed . In the event of cancellation of this agreement, all finished and unfinished documents and work papers prepared by the City pursuant to this agreement shall , at the option of the Council , become its property. 3.03 Work Products. A11 reports, data, materials, information and other work products prepared and developed in connection with the provision of services contemplated herein shall be made available to the Council . 3. 04 Amendments. The terms of this contract may be changed or � �odified by mutual agreement of the parties hereto. Such amendments, changes or modifications shall be effective only on the execution of written amendment(s) signed by the Council and the City. 3. 05 Council ' s Authorized A�ent. The Council ' s authorized agent for purposes of administration of this contract is Raymond Thron, who shall have authority for preliminary acceptance of the City' s services to the Council , and if such services are accepted as satisfactory, shall so certify on each invoice presented pursuant to Paragraph 2.02 of this Agreement. 3.06 Assignability. The City shall perform with his own organization the total work provided for under this agreement and shall not assign, sublet, or transfer any of the work provided for hereunder without receiving the express written consent of the Council . 3.07 Audits and Inspection. The Ci°ty agrees to: (1) keep and maintain during the performance of this contract and for a period of three years following , records and files relating to (a) the final financial aspects of this contract including payrolls, time records , invoices, receipts and vouchers; and (b) the services performed � 4 hereunder; (2) allow Council or designated federal or state personnel to enter on the City' s premises and to (a) inspect, copy and audit the above records, files and premises, and (b) to inspect and review the equal employment opportunity and affirm�ative action programs of the City. 3.08 Li�a ilit . The City agrees to indemnify and save and hold the Counci , its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by the City or the City' s agents and employees. This clause shall not be construed to bar any legal remedies the City may have for the Council' s failure to perform its obligations pursuant to this contract. 3.09 Conflict of Interest. The City certifies that to the best of its knowledge, no Counc—' i�employee or employee or officer of any city interested in the contract has any pecuniary interest in the business of the City or with the Contract and that no person associated with the City has any interest that would conflict in any manner or degree with the performance of the contract. 3.10 E ual Employment Opportunity: Affirmative Action. The City agrees not to discriminate against any employee or applicant for employment because of race, color , religion, sex , or national origin and to take affirmative action to assure that applicants and employees are treated equally with respect to the following : employment, upgrading , demotion, transfer , recruitment, layoff, termination, rates of pay, and other forms of compensation, and selection for training . The City further agrees to comply with any and all federal , state, and local laws regarding equal employment opportunity and affirmative action. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives on the day and year first above written. For oved: METROPOLITAN COUNCIL � Asst. City ttorney B Y Eugene Franchett, Exec. Director Approved as to legal CITY OF SAINT PAUL form and adequacy: By Office of Staff Counsel George Latimer , Mayor CY070H August 21, 1979 gy Director of Finance & Management Services