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273755 M�NITE - C�TV CLERK; COURCII �1����� PINK - FINANCE G I TY OF SA I NT PALT L . CANARV - DEPARTMENT BLUE - MAVOR File NO. o�ncil Resolution Presented By Referred T� Committee: Date Out of Committee By Date RESOLVED, That the proper city officials are hereby authorized to execute an agreement between the City of St. Paul and the Metropolitan Council , a copy of which is attached hereto and incorporated herein by reference. The City of St. Paul , would develop a preliminary system design and plan for computerized traffic management improvements. The Metropolitan Council would pay the city's cost up to a maximum of $25,000.00. COUNC[LMEN Yeas Nays Requested by Department of: XSYtB� McMahon � In Favor u 1 c W Hozza �e � __ Against BY � Mad Donald E Nygaard, D1 r �T�IE/R�H? walter edesco SEP 2 5 1979 Form Approved b Ci Att ey ��� Ad ted by Council: Date � ertified Yass by Cou .il �tary BY , l�pp y :Navor: Date P 2 6 1979 Approved b Ma r far Submission to Counci B �C�� � sy — y �.tSHF.� 0 CT 6 197 , V ` " ������ . �.� �� � � � • CONTRACT N0. � . METROPOLITAN COUNCIL � , CONTRACT FOR INTERAGENCY SERVICES THIS AGREEMENT is made and entered into this day of , 1979, by and, between the Metropolitan Council , �erein called the "Council ," and` the City of Saint Paul, herein called the "City:" WHEREAS, the Council desires to engage the City to perform certain technical and professional servi.ces 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 a preliminary system design and plan for computerized traffic management improvements. The City hereby agrees to do, perform, and carry out the following services : . 1.01 Task 1: Develop Preliminary �Desi _n Plans. The City shall : develop preliminary designs and plans for- the computerized traffic � management improvements and analyze the cost effectiveness of ;.he completed system. 1.02 Task 2: Determine Air Quality Benefits. The City shall evaluate the air quality benefits that could be achieved through implementation of the computerized traffic control improvements. Using the expected improvements in stops , delays, and speeds, the City shall calculate the expected carbon monoxide (CO) and hydrocarbon (HC) emission reductions for 1982 and 1987 due to the planned traffic � control system improvements. The City shall submit a report to the , Council detailing the results of these emission reduction calculations � : no later than July 1, 1980. 1. 03 Task 3: Reports. The City shall submit a final project report to the Council no later than October 1, 1980, which includes a report of the preliminary design and plans, schedule of completion for the system, and CO and HC emission reductions expected for 1982 and 1987 due to system implementation. The City shall submit quarterly progress reports to the Council which includes status reports of the preliminary design and plans, and air quality benefit analyses. . - . . . . . -2- ,, ..._ . II . COMPENSATION: METHOD OF PAYMENT. 2.01 Maximum Total Compensation. The maximum total compensation to be paid to the City by the Council under this contract shall be $25,000 and •shall be ccnsidered a contribution to the total cost of the project work. Any additional expenses incurred by the City to complete the project work in excess of $25,Q00 shall not be reimbursed : by the Council and shall be obtained by the City from additional � sources of funding . 2.02 Methe� 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. B. 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. 04 , 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 aqreement and shall terminate on October l , 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 aqreement shall , at the option of the Council , become its property. _. __ _ r � . f , I _3_ � � 3 .03 Work Products. All reports, data, materials, information "and other wor products prepared and developed in connection with the provision of services contemplated herein, shall be made available to , the Council. - _ 3.04 Ame�dments. The terms of this contract may be changed or modified 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, shail 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 City 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 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 affirmative action programs of the . . City. 3.08 Liability. The City agrees to indemnify and save and hold the Council , its agents and employees harmless from any and a11 claims or causes of action arising from the performa�ce of this contract by the City or the City' s agents and employees. This clause shall not be ,. construed to bar any legai 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 Council 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. ' . >�� ...�.....__......_...__.___. . . . _.. ._ P. , . . ������ ' . . -4- � 3.10 E9u 1 Em�loyment Op�ortunity: Affirmative Action. The City agrees not to discriminate against any emp�oyee or app icant for employment because of race, color , religion, sex , or national origin and tn take affirmative action to assure that applicants and employees are treated ec�ually 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. METROPOLITAN COUNCIL By Eugene Franchett, Exec. Director Approved as to legal CITY OF SAINT PAUL form and adequacy: . By. Office of Staff Counsel George Latimer , Mayor CY107B August 21, 1979 Director, Finance and Management Services Director, Public Works � Approved as to form: . . Assistant City Attorney . vra v l.: 1,�/17 /J t - Rev. : •9/8/76 � EXPLANAT20N OF��iDMINISTRATI�IE ORCERS, RESOLUTIONS , AND ORDINaNCES ` ���•�.� Date: September 4, 1979 � ' �p; MAYOR GEORGE LATIMER FR: Thomas J. Eggum, Pub11c Works - Office Engineer • gE; Traffic Control System Study of Central Business District � � . - - � .' � ACTION REQUESTED: Under the attached agreement the Metropolitan Council would �pay the "City up to $25,000.00 towards the City's cost `of a traff�c control system study of the Central Business Distr.ict. The study to include the feasi-bility of installing a computerized tra�ffic control system in the ,Gentral Business . _ D1strPct, developme�t of preliminary designs �nd plans, analyze the�cost . effectiveness of system and eveluate. the air qual,i�y benefits of such � � system. . PURPOSE R�1D RATIONALE FOR THIS ACTTON: Total cost of the City's work on this study is estimated tn be $48,800 to be charged to P1R Fund Code 60,200 and to be reimbursed from Commun-€-ty � ' Development Year il Funds ($23,$00) and Metropolitan Cou�cil contribution ($25,000) . L-8367 Public Works Project rt-10916 �_ � . 11TTACHMENTS: Resolution Agreement '