272117 WM17E - CITV CLERK � �
PINK - FINANCE C I TY OF SA I NT PAIT L Council
CANqRV - DEPARTMENT .+���� �`
BLUE - MAVOR File NO.
ouncil 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 Burlington Northern
Railroad Company providing for the City' s conducting a pigeon re-
duction program on Railroad property for the period of October
20, 1978 through March 15, 1979; said agreement to be of no cost
to the City excepting that the City indemnify and hold the
Burlington Northern harmless from any negligent acts of the City' s
employees or agents.
COUNCILMEN Requested by Department of:
Yeas Nays �
Butler
�� In Favor
Hunt
Levine _ � __ Against BY �
Maddox
�t� r
Tedesco � � 4 � Form Approved y 'ty tto
Adopted by Council: Date �.
Certifi - ed by Coun ' Sec ar BY
•
�1pp by 1+lavor: Dat _ 3 O Ig�� Approve yo for Sub is ion to Council
By _ By
RtlBLtSHED D E C 9 1978
- . ' � or� oi: i2/is�s
,. - _ ` Riv. : 9 8�76
EXPLA�NATION OF ADMTNISTRA'.�'IVE ORDERS, ����'
e i . �y�
soLU�c NS. �rn sr�v S �c, l r.�.�.1 !
�.._....._.�...
� � �RfC � 3yEp
�tl: ryOVEMBER 14, 1978 �lOV 1 71g�8 �
� Mi4�Q��� �
TO: MAYOR GEORGE LATIMER
�s THOMAS J. KELLEY
�= AGREEMENT BETWEEN BURLINGTON NORT�tERN RR AND CITY OF�SAINT PAUL
ACTION REQUEST£D:.
APPROVAL OF ABOVE AGREEMENT. �
PLiRPOSE AND RP,TIONALE FOR TSIS ACTIONs
PIGEON REDUCTTQN PROGRAM
��_ .
ATTAC�iMENTS: �
Council Resolution
of Agreement . , .
. __� � .
� ,
� ,� / �'l/�_ N. (
� BURLINGTON NORTHERN
80 - �+4th Avenue Northeast October 20, 1978
Minneapolis, Minnesota 55421
Mr. Earl Conley
Supervisor of Em►ironmerital Control '
City of St. Paul
Department of Ca�mo�unity Services
Division of Public Health
555 Cedar Street
St. Pau1, Minnesota 55101
Dear Mr. Conley:
' Ref erence to your letter clated October 11 advising that the St. Paul
Divisfion of Pnblic Health Eaviror�nental Control 3ection plans to con-
. duct '°a pigeon reduction program beginning at'ter the first snow fall
and. continuing until about March 15, 1979•
We have no ob�ection to this progrsm; hawever� yon should adviee onr
Terminal Maaager, Mr. R. H. Roelofs, telephone nnmber 298-2255, ��
you wi]1 be on our property.
Also, attached in dupliaate is Form 15227 covering y�our authority to
conduct a pigeon reduction program on sa�e of tbar EN track areas
f�om October 20, 1978 until March 15� 19'r9. Please arrange for
execution on behal� oP the City ot' St. Paul� retnrn original
executed copy o� agreement to this o�fice and retain the dup-
licate copy for yonr records.
Yours trul,y,
BURLTNGTOId NORT��T INC.
� ����
E. . PK'illips
Superintendent .
NIId/mec
CC: Mr. R. H. Roelofs
��21�2�a� ��'��
�
Fi1e: St. Paul - 32 � OC�'1978 ��
.- RECEIVED a
.�r DIV.OF�l1BLIC HEAi:TH ti.
� t�nr.O�sT.�a�l�; ,,��.
W
l�� ���.
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1 J- '
THIS AGREEMENT,'made and executed as of
October 20, , �s 78 ,
by and between BURLINGTON NORTHERN INC.,hereinafter referred to as��Northern'�and City Of
St. Pauls Department of CoamunitY 8ervices, _ , hereinafter referred to as"Contractor".
Division of Public Health,
WITNESSETH,THAT
For and in consicieratio� of the payment to be actor'sY N orm nce, Contracto rhereby agr��Cwith Northern to
upon the completion and acceptance of Cont pe
conduct a � i eon reduction ro em on same of the BH track areas frama
O�tob�r 20, 1S'TS to M�rch 15, 197° �°*' attached letter dated OctobPr 20. 1978,
�� p�� v�.,.,par,+g � Contracto�shall commence the work not later than ,I
at or near � City or Tow� . !
October 20 19'T8 •
Date ,
Contractor shall prosecute and�omplete-ihe work accoMi�g to his own manner and methods and with and by his
own means and employees, free from any supervision or control whateve�by Northern except only such inspection I
as may be necessary to enable Northern to determine whether the woric performed complies with the requirements ;�
of_this contract and confo�ms to the plans and specifications, it being the intention of the parties hereto that
Contractor shall be and remain an independent contracto� and that nothing herein contained shall be construed as
inconsistent with that status. Contractor shall be obligated to comply in all respects with the provisions of all ,
applicable federal and state laws, including Price Control Acts, Social Security Acts,Unemployment Compensation i
Acts, Workmen"s Compensation Acts, Equal Opportunity Acts, and Wage and Hour Acts, and with all applicable
orders, rules and regulations of federal-a� state officials and agencies;and Contractor agrees to indemnify and save �i�
harmless Northern of and from any and all claims, demands, aetions, recoveries, judgme�ts,-costs a�d expenses in
any manner arising from Coniractor s failure to comply with a�y of said federal and state laws, orders, rules, and
regu latio ns. .
Contractor snall secure all necessary permits which may be required by governmental authority for the prosecution
of the_work to be done hereunder and shall comply with all requirements of alt competent governmental authorities
relative to the prosecution of such work and the hiring of employees therefor.
CoMractor shall furnish atl tools and equipment needed in performance �, �I�i; agreemeM at his sole cost and
expense.
It is further agreed that Contractor shall indemnify and save i�armless Nortf�er�i from all loss, claims, costs and
expenses resulting from damage to or destruction of any property, or injury tu or death of any person or persons,
including the parties hereto and their employees, in any manner arising from or growing out of the above mentioned
work.
� IN WITNESS WHEREOF,the parties hereto have placed their signatures as of tl�e date first above mentioned.
BURLINGTON NOR�HER�.
By ��'?���� — Title �
Name Supe ntendent
oved as o r - �,
�- , Mayor
�
Assistant City Att ney gy '� �
D' ector, D rtm t o ommunity Serv.
By
FORM 15227 i�ao Director, Department of Finance
and Management Services