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269862 WHITE - CITV CLERK . ,;/�� PINK - FINANCE COURCIl T� ti� � CANARV.- OEPARTMENT GITY OF SA-INT PAUL 1� � BLUE - MAVOR � . . Flle NO. ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, by Resolution C. F. No. 267453 the City of Saint Paul is causing to be constructed a Municipal Parking Ramp located on the block between Wabasha, St. Peter, Exchange and Tenth Street in the City of Saint Paul, Minnesota; and WHEREAS, in order to generate income to the benefit of the City of Saint Paul, there is a need to have managerial services performed in said facility to allow it to operate during its incomplete stage; and WHEREA5, the Mayor of the City of Saint Paul has recommended � that the Arts and Science Council provide these needed managerial services during the interim period of the ramp' s construction through June 30, 1978; and WHEREAS, the City of Saint Paul has secured an agreement with the Arts and Science Council calling for the Arts and Science Council to manage the ramp without fee except for the reasonable and necessary expenses required to operate the ramp; and WHEREAS, by agreement the City of Saint Paul shall receive all the het income from this operation; and WHEREAS, the Arts and Science Council is capable of providing these services; now, therefore, be it ' RESOLVED, that the City Council of the City of Saint Paul hereby authorizes the City of Saint Paul to enter into a contractual agreement with the Arts and Science Council provided for the per- formance of managerial services by the Arts and Science Council in the above-mentioned ramp during the interim period of the ramp's construction through June 30, 1978. COU[VC[LMEN Yeas Nays Reque Department of Butler �a.. In Favor Hunt Levine _�__ Against BY ' Roedler Sylvester OCT 4 Tedesco ��77 Form Approved by City Attorney Adopted by Council: Date Certified a_ d by Council ret B $S• 1 Approved by May . D te �'iT 7 �9� App v�d by Mayor for Su s on Council i � By BY �UBLISHED ��T �. � 1977 CONTRACT AGREEMENT THIS AGREEMENT, dated the 9'� day of s�� ' by and between the ST. PAUL RAMSEY ARTS AND SCIENCE COUNCIL, hereinafter referred to as the "Council", a Minnesota non-profit corporation, 30 East lOth Street, St. Paul , Minnesota, � 55101 , and � THE CITY OF ST. PAUL, hereinafter referred to as the "City", a Minne- sota municipal corporation. WITNESSETH: IN CONSIDERATION of the covenants and agreements hereinafter set forth and ta be performed by theparties hereto, the Council hereby contracts with the City and the City contracts with the Council managerial services to be performed on the following described premises situated in the City of St. Paul , Ramsey County, Minnesota, to-wit: Municipal Parking Ramp No. 1 , a 3-level , parking facility located on the block between Wabasha, St. Peter, Exchange and Tenth Street • in the City of St. Paul carrying a street address of 15 West Ex- changA. The City agrees to pay and the Council agrees to accept $1 .00 representing con- sideration for managerial services to be provided by the Council for the interim manage- ment of the above mentioned facility commencing on the day the ramp is open for public usage through June 30, 1978, subject to the following terms and conditions. PARAGRAPH I USE OF FACILITY: EXCEPTION A. The parking facility as theretofore mentioned shall be used for parking only except as provided in Section B of thisparagraph. The Council with the approval of the Parking Administrator shall establish parking rules and regulations so as to meet the combined needs of people expected to use the facility including but not limited to the following groups : 1 . The Arts and Science Council � a. Employee parking. - 2 - b. Routine patron parking. c. Special events parking. 2. Corrnnercial occupants of the structure above the ramp. a. Employee parking. b. Customer parking. 3. Residential occupants of the structure above the ramp. a. Guests or invitees. 4. Disabled people in the above groups. 5. Interim use by people and workers involved with the construction of the above ramp portion of the building. B. Any exception to the specific use described above must be approved by the Parking Administrator. Any request for an excepted use must not be inconsistent or burdensome to the general use of the facility and must be submitted to the Parking Administrator in writing. The Parking Administrator may al]ow the requested excepted use and may charge the requesting party reasonable fees if he feels the excepted use serves the best interests of the facility. 1. All expenses incurred from any and all exceptions approved by the Park- ing Administrator shall be deemed direct operating costs as provided in Paragraph IV. 2. All income derived from any and all exceptions approved by the Parking Administrator shall be considered as part of the gross receipts from the operation of the parking facility. C. Hours of Operation. As various portions of the ramp are completed and as demand for the ramp in- creases, it is anticipated that the Council may wish to change the hours of operation of the ramp. Initially, however, it is anticipated that the ramp will be open as follows: Monday through Thursday . . . . . . 6:30 a.m. to 11 :�� p.m. Friday . . . . . . . . . . . . . . 6:30 a.m, to 1 :30 a.m. Saturday . . . . . . . . . . . . . 9:00 a.m. to 1 :30 a.m. Sunday . . . . . . . . . . . . . . Closed .. .-� .- -- ____ ,. . _ ,. _ _. . . . _.._.� __ _ _ _ _ -, , - . . . .. . . ..�.:_:�.�m....�>:�.��__.. ', .:..,.. .,.=u,. r:r,.mV.'.i.. .n..�»:.:. . ,�a..�-.:��.-....._.t.....�.�a.._ -.:,i.:=��sC"'.fc..c`.r. ..,......,G>�b'�`i�'i'Sb�A'��;Y�YeM's�' • - 3 - The cauncil will notify the City's Parking Administratar of any desired change in hours. The Parking Administrator may veto or make any changes in hours of operation. The Parking Administrator will utilize the recommendations and suggestions offered by the newly created Parking Commission. PARAGRAPH II. THE COUNCIL'S RESPONSIBILITIES OTHER THAN THOSE OF PARAGRAPH I. A. The Council pursuant to guidelines set forth by the Parking Administrator agrees to operate the ramp in such a way as will maximize, wherever reasonably possible, the cash return to the City on the operation of the ramp. In this regard the Council will perform its services "at cost" and will not take any fee over and above reimbursement of expenses. The Council shall also be responsible initially for assisting the City Architect's Office and the Construction Con- struction Contractors in the final preparation before the official ramp opening without fee. B. The Council shall provide parking and management services commencing on the date of the first public usage of the ramp, and heretofore mentioned fee shall commence simultaneously with first date of public opening. C. The Council shall furnish all goods and services necessary for the onooing day-to-day operation and management of the parking facility including but not limited to the following: 1 . Provide full-time, on-site operating manager. 2. Provide such other capable and trained personnel as are necessary for a successful and economically prudent operation. a. The Parking Administrator may make recommendations as ta the number and salary structure of employees neede� for an efficient operation of the facility, their qualificatons, and improvements in their performances when and if needed. b. All employees are to be covered by a fidelity bond in an amount acceptable to the Parking Administrator. 3. Purchase a11 materials and tools needed for the operation of the facility subject to the limitations as stated in Paragraph I�1. , F. and I. - 4 - a. All materials mentioned above shall be the property of the City when purchase is made using monies from the operation of the facility, the reserve fund, or the City of St. Paul . 4. The Council shall be responsible for the general maintenance and repair (clean-up, trash and snow removal , replacing lighting fixtures, etc. ) as , required to keep the ramp and its appurtenances in an orderly and safe condition at all time. a. Any repair exceeding One hundred and no/100 Dollars ($100.00) shall be approved first by the Parking Administrator before being performed. b. The Council shall be neld responsible for the removal of inoperative vehicles from the ramp. c. The Parking Administrator, at any time during working hours may enter upon the premises of the ramp and may, with notice to the Council , close down such portions of the ramp as deemed necessary for repair or safety. 5. The Council shall report in writing to the Parking Administrator within seven (7) calendar days of occurrence, any damage or injury sustained or alleged to have been sustained to any person or property while or. the prpmises of the facility. 6. Daily deposits of all receipts from the operation of the facility shall be made into an account designated by the Council . 7. The Council shall maintain a "revolving reserve account" designated to cover unforeseen expenses such as but not limited to bad debts, emergency repairs or equipment replacement. a. The amount of this aecount shall be $500 or as later agreed upon by the Council and Parking Administrator. (1 ) Said amount shall be deducted from the first month's net proceeds and maintained as agreed upon by deducting necessary amounts from later monthly incomes. �� - 5 - ,:: 8. An accounting system as approved by the Parking Administrator shall be established which will reflect: a. All income listed as follows: (1 ) Number of monthly spaces and rate per space (including partial monthly rentals). (2) Number of daily spaces rented. (3) Number of evening spaces rented. (4) Number of hourly spaces rented showing the amount of time parked. b. Expense accounts with contents and frequency of submittal mutually agreed upon. c. Monthly financial records including an indication of the amount of money in the "revolving reserve account". (1 ) Said records shall be prepared by the Council or its authorized � agent and shall be open for inspection during working haurs by anyone designated and verified by the Parking Administrator to act in such capacity in strict accordance with all state and local statutes or ordinances. PARAGRAPH III. THE CITY'S RESPONSIBILITIES A. The City acting through the Parking Administrator is responsible for carrying out obligations as heretofore stated in Paragraph I and IV, V, and VI. B. In addition thereto the City: 1. Shall directly or indirectly absorb the direct operating costs as provided in Paragraph V of this agreement. 2. Shall determine the operational hours for the facility. 3. Shall determine the following parking rates to be in effect on the date of opening: a. Hourly parking: $ .50 first hour $ .25 each additional hour $1 .50 12 hour maximum $2.50 24 hour maximum . _ .. ,..�. ,o�.�.. _,,,,,�., - 6 - ' b. Dail y parking $1 .50 6 a.m. to 6 p.m. c. Nightly parking $1.25 6 p.m. to 6 a.m. d. $25.00 monthly parking " 4. May allow an adjustment or modification in the rate after a substantial completion of the ramp schedule providing that any request for adjustmen� or modification must: a. Be in written form direct and submitted to the Parking Administrator. b. Provide a needed public service which outweighs any potential economic detriment. c. Provide a long-term fixed revenue anticipation. d. Meet any other parking requirement or need as seen by the Parking Administrator. 7he Parking Administrator will utilize the recommendations and suggestions offered by the newly created Parking Commission. PARAGRAPH IV. DIRECT OPERATING COSTS DEFINED A. Totai wage payments for all personnel (management fees) including the on-site manager, but excluding all other outside management support personnel . 1 . The City and Council agree that the Council 's management monthly fees shall be paid by allowing the Council to deduct its fees from the "gross re- ceipts" but only after direct operating costs have been subtracted. 2. "Gross receipts" shall be defined as income producted in the operation of the parking facility before deductions or expenditures. 3. "Direct costs" shall be defined as the expenses incurred by the Council which is both reasonable and necessary for the operation of the parking facility. 4. "Management fees" shall be defined as hourly wages to be paid personnel consistent with prevailing hourly wage levels for like services rendered. Qnly with the approval of the Parking Administrator may hourly wages differ from the prevailing wage. - 7 - 5. Wage payment shall also include additional wage costs such as Workers' Compensation and unemployment compensation insurance, social securi�y, hospitalization insurance and any other mutually approved fringe benefits deemed necessary by the Parking Administrator and the Contractor to give equity to and maintain competent and dedicated staff. B. Total cost of operational supplies such as tickets, forms, postage, biliing services, as well as other office supplies. C. Total cost of maintenance materials and services, including equipment ser- vice. D. Total cost of customer damage payments not reimbursed by insurance payment recovered. E. Total cost of uniforms and laundry. F. Total cost of special signs and additional operating equipment with written approval first to be obtained from the Parking Administrator when in excess of One Hundred and no/100 Dollars ($100.00). These costs shall be borne by the reserve funds as created in Paragraph II.C.7. of this agreement. G. Total cost of all utilities. H. Total cost of all insurance and bonds, the amount and extent of coverage eithe as contained in these specifications or as mutually agreed upon before such ex- � penditures, including owners, landlords, and tenants' insurance which shall be provided by the Contractor as a condition of his fee for service. I. Total cost of such other equipment, material , supplies or services in excess of One Hundred and no/100 Dollars ($100.00} and which has been mutually agreed upon in writing by the Parking Administrator and the Contractor as being necessary for the efficient operation and management of the parking ramp. J. Special traffic and security control costs as approved by the Parking Administrator PARAGRAPH V. NET INCOME TO THE CITY OF ST. PAUL A. The City reserves and the contractor covenants and agrees to submit to the City without demand at its office a t 113 City Hall , City of St. Paul , Minnesota, 55102, or such other place as designated in writing by the City, monthly net income _..m . _ _ _ _ __._. . - �---- e__ . .rm ....��r ..��. �. - 8 - commencing October 10, 1977, and no later than ten (10) days following the end of the previous month's business during the term of this contract. Said monies shall be in the same amount as shown as net income as supported by attached financial records for that previous month. "Net income" shall be that portion of receipts which remain after paying direct costs and management fees. PARAGRAPH VI. INSURANCE A. The CounciT shall be obligated, at the time the contract is entered into with the city for the management of its parking facility, to file with the Office of the City Attorney insurance covering the following areas in not less than the following amounts, with the Parking Commission and the City of St. Paul named as the co-insured on all policies: 1 . Worker's compensation insurance statutory limits. 2. Garage liability policy. a. Bodily injury: $ 500,000 (each person) $1 ,000,000 (each occurrence) b. Property damage: $100,000 (each occurrence) 3. Passenger elevator insurance. a. Bodily injury: $ 5�0,000 (each person) $1 ,000,000 (each occurrence) b. Property damage: $100,000 (each occurrence) 4. Garage-keepers liability insurance limits-$500,000. a. Fire and explosion. b. Theft (of entire car). c. Riot, civil commotion, malicious mischief and vandalism. 5. Robbery and holdup insurance (inside and outside)-$2,500. Inside means any conduct of ramp business on premises. Outside means any conduct of ramp business off premises. Deductible limit per case: $500. PARAGRAPH VII. CONTRACT DURATION, CANCELLATION AND EXTENSION. A. The obligations of each party to this contract shall continue through June 30, 1978, with the provisions of this contract agreement and the Plans and Specifications of the structure to be considered Exhibit A. � ♦ � ° - 9 - �� B. CANCELLATION. Either party may seek to cancel its contractual obligations under the contract upon a showing of good cause and upon 60 days written notice to the other party of its intention to cancel . The non-canceling party, within 15 days after receipt of said notice to cancel , must notify the canceling party of its objection to cancellation. Failure to object within the prescribed 15 days constitutes a waiver of the right to object. PARAGRAPH VIII. DAMAGE OR DESTRUCTION OF PARKING RAMP - VOIDING CONTRACT. A. If the parking facility shall be damaged or destroyed by fire or other causes so as to render the premises unfit for the uses provided in Paragraph I, either party may by written notice void the contract as of the date the damage occurred. 1. If the parking facility is damaged by fire or other cause but not to the extend as to render the premises unfit for its use as provided in Paragraph I, the City shall notify the Council of its intentions to either repair and restore the premises or void the contract within ten (10) days receipt of the notice of the damage. 2. If the City fails to give notice within the prescribed ten (10) days the Council , within five (5) days after the City's notice period expired, may serve written notice of its intentions to terminate the contract. The effective date of the termination shall be the date the damage occurred. ST. PAUL-RAMSEY ARTS .AND SCIENCE COUNCIL .. BY ��C�2tt,�� C� R�c ar S ade ITS � AND � � ITS Approved as to form: C T F ST. PAUL, MIN E�OTA�� BY ' '�I.� /��: Ma r � � -- or.�� Walter A. Bowser AND Assistant City Attorney D�rector, Department of Finance a�d�� Management Services v . � �� CONTRACT AGREEMENT THIS AGREEMENT, dated the ��day of �n,� , by and between the ST. PAUL RAMSEY ARTS AND SCIENCE COUNCIL, hereinafter referred to as the "Council", a Minnesota non-profit corporation, 30 East lOth Street, St. Paul , Minnesota, J 55101 , and THE CITY OF ST. PAUL, hereinafter referred to as the "City", a Minne- sota municipal corporation. WITNESSETH: IN CONSIDERATION of the covenants and agreements hereinafter set forth and to be performed by theparties hereto, the Council hereby contracts with the City and the City contracts with the Council managerial services to be performed on the following described premises situated in the City of St. Paul , Ramsey County, Minnesota, to-wit: Municipal Parking Ramp No. 1 , a 3-level , parking facility located on the block between Wabasha, St. Peter, Exchange and Tenth Street in the City of St. Paul carrying a street address of 15 West Ex- change. The City agrees to pay and the Council agrees to accept $1 .00 representing con- sideration for managerial services to be provided by the Council for the interim manage- ment of the above mentioned facility commencing on the day the ramp is open for public usage through June 30, 1978, subject to the following terms and conditions. PARAGRAPH I USE OF FACILITY: EXCEPTION � A. The parking facility as theretofore mentioned shall be used for parking only except as provided in Section B of thisparagraph. The Council with the approval of the Parking Administrator shall establish parking rules and regulations so as to meet the combined needs of people expected to use the facility including but not limited to the following groups : l . The Arts and Science Council � a. Employee parking. � - 2 - b. Routine patron parking. c. Special events parking. 2. Commercial occupants of the structure above the ramp. a. Employee parking. b. Customer parking. . 3. Residential occupants of the structure above the ramp. a. Guests or invitees. 4. Disabled people in the above groups. 5. Interim use by people and workers involved with the construction of the above ramp portion of the building. B. Any exception to the specific use described above must be approved by the Parking Administrator. Any request for an excepted use must not be inconsistent or burdensome to the general use of the facility and must be submitted to the Parking Administrator in writing. The Parking Administrator may allow the requested excepted use and may charge the requesting party reasonable fees if he feels the excepted use serves the best interests of the facility. 1. All expenses incurred from any and all exceptions approved by the Park- ing Administrator shall be deemed direct operating costs as provided in Parayraph IV. 2. All income derived from any and all exceptions approved by the Parking Administrator shall be considered as part of the gross receipts from the operation of the parking facility. C. Hours of Operation. As various portions of the ramp are completed and as demand for the ramp in- creases, it is anticipated that the Council may wish to change the hours of operation of the ramp. Initially, however, it is anticipated that the ramp will be open as follows: Monday through Thursday . . . . . . 6:30 a.m. to 11 :�0 p.m. Friday . . . . . . . . . . . . . . 6:30 a.m. to 1 :30 a.m. Saturday . . . . . . . . . . . . 9:00 a.m. to 1 :30 a.m. Sunday . . . . . . . . . . . . . Closed . ,,r � ,� __ _ .. , _ _ __ __ � f_ _ , ., - - . ,� . ..,. . , �.>.hr. . .��: ��a.��s�.�:,.��:��,�:<�r.�W-..�� x��a� �� - 3 - The council will notify the City's Parking Administrator of any desired change in hours. The Parking Administrator may veto or make any changes in hours of operation. The Parking Administrator will utilize the recommendations and suggestions offered by the newly created Parking Commission. PARAGRAPH II. THE COUNCIL'S RESPONSIBILITIES OTHER THAN THOSE OF PARAGRAPH I. A. The Council pursuant to guidelines set forth by the Parking Administrator agrees to operate the ramp in such a way as will maximize, wherever reasonably possible, the cash return to the City on the operation of the ramp. In this regard the Council will perform its services "at cost" and will not .take any fee over and above reimbursement of expenses. The Council shall also be responsible initially for assisting the City Architect's Office and the Construction Con- struction Contractors in the final preparation before the official ramp opening without fee. B. The Council shall provide parking and management services commencing on the date of the first public usage of the ramp, and heretofore mentioned fee shall commence simultaneously with first date of public opening. C. The Council shall furnish all goods and services necessary for the ongoing day-to-day operatian and management of the parking facility including but not limited to the following: 1. Provide full-time, on-site operating manager. 2. Provide such other capable and trained personnel as are necessary for a successful and economically prudent operation. a. The Parking Administrator may make recommendations as to the number and salary structure of employees needed for an efficient operation of the facility, their qualificatons, and improvements in their performances when and if needed. b. All employees are to be covered by a fidelity bond in an amount acceptable to the Parking Administrator. 3. Purchase all materials and tools needed for the operation of the facility subject to the limitations as stated in Paragraph ; IV. , .F. and I. - 4 - a. All materials mentioned above shall be the property of the City when purchase is made using monies from the operation of the facility, the reserve fund, or the City of St. Paul . 4. The Council shall be responsible for the general maintenance and repair (clean-up, trash and snow removal , replacing lighting fixtures, etc. ) as required to keep the ramp and its appurtenances in an orderly and safe condition at all time. a. Any repair exceeding One hundred and no/100 Dollars ($100.00) shall be approved first by the Parking Administrator before being performed. b. The Council shall be neld responsible for the removal of inoperative vehicles from the ramp. c. The Parking Administrator, at any time during working hours may enter upon the premises of the ramp and may, with notice to the Council, close down such portions of the ramp as deemed necessary for repair or safety. 5. The Council shali report in writing to the Parking Administrator within seven (7) calendar days of occurrence, any damage or injury sustained or alleged to have been sustained to any person or property while an the premises of the facility. 6. Daily deposits of all receipts from the operation of the facility shall be made into an account designated by the Council . 7. The Council shall maintain a "revolving reserve account" designated to cover unforeseen expenses such as but not limited to bad debts, emergency repairs or equipment replacement. a. The amount of this account shall be $500 or as later agreed upon 6y the Council and Parking Administrator. (1 ) Said amount shall be deducted from the first month's net proceeds and maintained as agreed upon by deducting necessary amounts from later monthly incomes. _ .�_ _._�.� _. _ _ _ ._. _ , . _,... ., � ._ _ _..,.__m_.._� , , m.._.. �.. - 5 - 8. An accounting system as approved by the Parking Administrator shall be established which will reflect: a. All income listed as follows: (1 ) Number of monthly spaces and rate per space (including partial monthly rentals). (2) Number of daily spaces rented. (3) Number of evening spaces rented. (4) Number of hourly spaces rented showing the amount of time parked. � b. Expense accounts with contents and frequency of submittal mutually agreed upon. c. Monthly financial records including an indication of the amount of money in the "revolving reserve account". (1 ) Said records shall be prepared by the Council or its authorized � agent and shall be open for inspection during working hours by anyone designated and verified by the Parking Administrator to act in such capacity in strict accordance with all state and local statutes or ordinances. PARAGRAPH III. THE CITY'S RESPONSIBILITIES A. The City acting through the Parking Administrator is responsible for carrying out obligations as heretofore stated in Paragraph I and IV, V, and VI. B. In addition thereto the City: l. Shall directly or indirectly absorb the direct operating costs as provided in Paragraph V of this agreement. 2. Shall determine the operational hours for the facility. 3. Shall determine the following parking rates to be in effect on the date of opening: a. Hourly parking: $ .50 first hour $ .25 each additional hour �1 .50 12 hour maximum $2.50 24 hour maximum - 6 - b. Daily parking $1 .50 6 a.m. to 6 p.m. c. Nightly parking $1 .25 6 p.m. to 6 a.m. d. $25.00 monthly parking � 4. May allow an adjustment or modification in the rate after a substantial completion of the ramp schedule providing that any request for adjustment or modification must: a. Be in written form direct and submitted to the Parking Administrator. b. Provide a needed public service which outweighs any potential economic detriment. c. Provide a long-term fixed revenue anticipation. d. Meet any other parking requirement or need as seen by the Parking Administrator. The Parking Administrator will utilize the recommendations and suggestions offered by the newly created Parking Commission. PARAGRAPH IV. DIRECT OPERATING COSTS DEFINED A. Total wage payments �For all pers�nnel (management fees) ineluding the on-site manager, but excluding all other outside management support personnel . 1 . The City and Council agree that the Council 's management monthly fees shall be paid by allowing the Council to deduct its fees from the "gross re- ceipts" but only after direct operating costs have been subtracted. 2. "Gross receipts" shall be defined as income producted in the aperation of the parking facility before deductions or expenditures. 3. "Direct costs" shall be defined as the expenses incurred by the Council which is both reasonable and necessary for the operation of the parking facility. 4. "Management fees" shall be defined as hourly wages to be paid personnel consistent with prevailing hourly wage levels for like services rendered. Only with the approval of the Parking Administrator may hourly wages differ from the prevailing wage. � � _ _ w_�F_. �FA..�,. _,,___._�, _ . _ _ _ . _ . _ _ - 7 - 5. Wage payment shall also include additional wage costs such as Workers' Compensation and unemployment compensation insurance, social security, hospitalization insurance and any other mutually approved fringe benefits deemed necessary by the Parking Administrator and the Contractor to give equity to and maintain competent and dedicated staff. B. Total cost of operational supplies such as tickets, forms, postage, billing services, as well as other office supplies. C. Total cost of maintenance materials and services, including equipment ser- vice. � D. Total cost of customer damage payments not reimbursed by insurance payment recovered. E. Total cost of uniforms and laundry. F. Total cost of special signs and additional operating equipment with written approval first to be obtained from the Parking Administrator when in excess of One Hundred and no/100 Dollars ($100.00). These costs shall be borne by the reserve funds as created in Paragraph II.C.7. of this agreement. G. Total cost of a11 utilities. H. Total cost of all insurance and bonds, the amount and exten� of coverage eithe as contained in these specifications or as mutually agreed upon before such ex- penditures, including owners, landlords, and tenants' insurance which shall be provid�d by the Contractor as a condition of his fee for service. I. Total cost of such other equipment, material , supplies or services in excess of One Hundred and no/100 Dollars ($100.00) and which has been mutually agreed upon in writing by the Parking Administrator and the Contractor as being necessary for the efficient opera�tion and management of the parking ramp. J. Special traffic and security control costs as approved by the Parking Administrator PARAGRAPH V. NET INCOME TO THE CITY OF ST. PAUL A. The City reserves and the contractor covenants and agrees to submit to the City without demand at its office a t 113 City Hall , City of St. Paul , Minnesota, 55102, or such other place as designated in writing by the City, monthly net income ._ ..�.,.� , __. �_ . _ _ _. ___.. .. _ __ _.� .. _, _ ..,_„�r_._.�...,. ...,.._,._� - �. . �. > .. � - 8 - commencing October 10, 1977, and no later than ten (10) days following the end of the previous month's business during the term of this contract. Said monies shall be in the same amount as shown as net income as supported by attached financial records for that previous month. "Net income" shall be that portion of receipts which remain after paying direct costs and management fees. PARAGRAPH VI. INSURANCE A. The Council shall be obligated, at the time the contract is entered into with the city for the management of its parking facility, to file with the Office of the City Attorney insurance covering the following areas in not less than the following amounts, with the Parking Commission and the City of St. Paul named as the co-insured on all policies: 1. Worker's compensation insurance statutory limits. 2. Garage liability policy. a. Bodily injury: $ 500,000 (each person) $1 ,000,000 (each occurrence) b. Property damage: $100,000 (each occurrence) 3. Passenger elevator insurance. a. Bodily injury: $ 500,000 (zach per�son) $1 ,000,000 (each occurrence) b. Property damage: $100,000 (each occurrence) 4. Garage-keepers liability insurance limits-$500,000. a. Fire and explosion. b. Theft (of entire car). c. Riot, civil commotion, malicious mischief and vandalism. 5. Robbery and holdup insurance (inside and outside)-$2,500. Inside means any conduct of ramp business on premises. Outside means any conduct of ramp business off premises. Deductible limit per case: $500. PARAGRAPH VII. CONTRACT DURATION, CANCELLATION AND EXTENSION. A. The obligations of each party to this contract shall continue through June 30, 1978, with the provisions of this contract agreement and the Plans and Specifications of the structure to be considered Exhibit A. - 9 - B. CANCELLATION. Either party may seek to cancel its contractual obl.igations under the contract upon a showing of good cause and upon 60 days written notiee to the other party of its intention to cancel . The non-canceling party, within 15 days after receipt of said notice to cancel , must notify the canceling party of its objection to cancellation. Failure to object within the prescribed 15 days constitutes a waiver of the right to object. PARAGRAPH VIII. DAMAGE OR DESTRUCTION OF PARKING RAMP - VOIDING CONTRACT. A. If the parking facility shall be damaged or destroyed by fire or other causes so as to render the premises unfit for the uses provided in Paragraph I, either party may by written notice void the contract as of the date the damage occurred. 1 . If the parking facility is damaged by fire or other cause but not to the extend as to render the premises unfit for its use as provided in Paragraph I, the City shall notify the Council of its intentions to either repair and restore the premises or void the contract within ten (10) �ays receipt of the notice of the damage. 2. If the City fails to give notice within the prescribed ten {10� days the Council , within five (5) days after the City's notice period expired, may serve written notice of its intentions to terminate the contract. The effective date of the termination sha11 be the date the damage occurred. ST. PAUL-RAMSEY ARTS AND SCIENCE COUNCIL BY Z t��% � �C�/ � Ri ar Sae ITS AND ITS Approved as to form: CIT�OF ST. PAUL, IN �SOTA BY � � a __- ��u,r�e� a Walter . Bowser AND Assis ant City Attorney Director, Department of Finance and Management Services k (�(. ��9 8'�� CONTRACT AGREEMENT THIS AGREEMENT, dated the q� day of��' by and between the ST. PAUL RAMSEY ARTS AND SCIENCE COUNCIL, hereinafter referred to as the "Council", a Minnesota non-profit corporation, 30 East lOth Street, St. Paul , Minnesota, 55101 , and � THE CITY OF ST. PAUL, hereinafter referred to as the "City", a Minne- sota municipal corporation. WITNESSETH: IN CONSIDERATION of the covenants and agreements hereinafter set forth and to be performed by theparties hereto, the Council hereby contracts with the City and the City contracts with the Council managerial services to be performed on the following described premises situated in the City of St. Paul , Ramsey County, Minnesota, to-wit: Municipal Parking Ramp No. 1 , a 3-level , parking facility located on the block between Wabasha, St. Peter, Exchange and Tenth Street in the City of St. Paul carrying a street address of 15 West _Ex- change. The City agrees to pay and the Council agrees to accept $1 .00 representing con- sideration for managerial services to be provided by the Council for the interim manage- ment of the above mentioned-facility commencing on the day the ramp is open for public usage through June 30, 1978, subject to the following terms and conditions. PARAGRAPH I USE OF FACILITY: EXCEPTION A. The parking facility as theretofore mentianed shall be used for parking oniy except as provided in Section B of thisparagraph. The Council with the approval of the Parking Administrator shall establish parking rules and regulations so as to meet the combined needs of people expected to use the facility including but not limited to the following groups : 1 . The Arts and Science Council � a. Employee parking. , - 2 - b. Routine patron parking. c. Special events parking. 2. Commercial occupants of the structure above the ramp. a. Employee parking. b. Customer parking. 3. Residential occupants of the structure above the ramp. a. Guests or invitees. 4. Disabled people in the above groups. 5. Interim use by people and workers involved with the construction of the above ramp portion of the building. B. Any exception to the specific use described above must be approved by the Parking Administrator. Any request for an excepted use must not be inconsistent or burdensome to the general use of the facility and must be submitted to the Parking Administrator in writing. The Parking Administrator may allow the requested excepted use and may charge the requesting party reasonable fees if he feels the excepted use serves the best interests of the facility. 1. All expenses incurred from any and all exceptions approved by the Park- ing Administrator shall be deemed direct operating costs as provided in Parag�^aph IV. 2. All income derived from any and all exceptions approved by the Parking Administratar shall be considered as part of the gross receipts from the operation of the parking facility. C. Hours of Operation. - As various portions of the ramp are completed and as demand for the ramp in- creases, it is anticipated that the Council may wish to change the hours of operation of the ramp. Initially, however, it is anticipated that the ramp will be open as follows: � Monday through Thursday . . . . . . 6:30 a.m. to 11 :00 p,m, Friday . . . . . . . . . . . . . . 6:30 a.m. to 1 :30 a.m. Saturday . . . . . . . . . . . . . 9:00 a.m. to 1 :30 a.m. Sunday . . . . . . . . . . . . . . Closed . . ..: :..�....�, __ _ . , ..._. __ _ . _ _,. _.._ _ _ �,�-�- � ... ... .. . ......_...y........-..u..-�.��...�....�..'�..�a�3iAhi'Nd�:^.•YtiiH.J..'l�YarNiM:�':5'7'�LRL"4WaFi'»"x.:�R$�ltCC'iiC1+�h'A'rLrvk.�w.�ei:,a.i-:.b:M.�14�.iii4S<�;�:.'S��i4k.$ii: w- • .• - 3 - The council will notify the City's Parking Administrator of any desired change � in hours. The Parking Administrator may veto or make any changes in hours of operation. The Parking Administrator will utilize the recommendations and suggestions offered by the newly created Parking Commission. PARAGRAPH II. THE COUNCIL'S RESPONSIBILITIES OTHER THAN THOSE OF PARAGRAPH I. A. The Council pursuant to guidelines set forth by the Parking Administrator agrees to operate the ramp in such a way as will maximize, wherever reasonably possible, the cash return to the City on the operation of the ramp. In this regard the Council will perform its services "at cost" and will not .take any fee over and above reimbursement of expenses. The Council shall also be responsible initially for assisting the City Architect's Office and the Construction Con- struction Contractors in the final preparation before the official ramp opening without fee. B. The Council shall provide parking and management services commencing on the date of the first public usage of the ramp, and heretofore mentioned fee shall commence simultaneously with first date of public opening. C. The Council shall furnish all goods and services necessary for the onuoing day-to-day operation and management of the parking facility including but not limited to the following: 1 . Provide full-time, on-site operating manager. 2. Provide such other capable and trained personnel as are necessary for a successful and economically prudent operation. a. The Parking Administrator may make recommendations as to the number and salary structure of employees needed for an efficient operation of the facility, their qualificatans, and improvements in their performances when and if needed. b. All employees are to be covered by a fidelity bond in an amount acceptable to the Parking Administrator. 3. Purchase all materials and tools needed for the operation of the facility subject to the limitations as stated in Paragraph : IV. , F. and I. - 4 - a. All materials mentioned above shall be the property of the City when purchase is made using monies from the operation of the facility, the reserve fund, or the City of St. Pau1. 4. The Council shall be responsible for the general maintenance and repair (clean-up, trash and snow removal , replacing lighting fixtures, etc. ) as required to keep the ramp and its appurtenances in an orderly and safe condition at all time. a. Any repair exceeding One hundred and no/100 Dollars ($100.00) shall be approved first b,� the Parking Administrator before being performed. b. The Council shall be held responsible for the removal of inoperative vehicles from the ramp. c. The Parking Administrator, at any time during working hours may enter upon the premises of the ramp and may, with notice to the Council , close down such portions of the ramp as deemed necessary for repair or safety.. 5. The Council shall report in writing to the Parking Administrator within seven (7) calendar days of occurrence, any damage or injury sustained or alleged to have bepn sustained to any person or property whTle on the premises of the facility. 6. Daily deposits of all receipts from the operation of the facility shall be made into an account designated by the Council . 7. The Council shall maintain a "revolving reserve account" designated to cover unforeseen expenses such as but not limited to bad debts, emergency repairs or equipment replacement. a. The amount of this account shall be $500 or as later agreed upon by the Council and Parking Administrator. (1 ) Said amount shall be deducted from the first month's net proceeds and maintained as agreed upon by deducting necessary amounts from later monthly incomes. , ,.._ _.a�--.. _ ___. . ... _ _ _ _ ... - --- - ..� _ ._ ._ _ . __ . -._ � . �. .. M_ _.� _�.�.t,�.� - 5 - 8. An accounting system as approved by the Parking Administrator shall be established which will reflect: a. All income listed as follows: (1 ) Number of monthly spaces and rate per space (including partial monthly rentals). (2) Number of daily spaces rented. (3) Number of evening spaces rented. (4) Number of hourly spaces rented showing the amount of time parked. b. Expense accounts with contents and frequency of submittal mutually agreed upon. c. MontMly financial recor�ds including an indication of the amount of money in the "revolving reserve account". (1 ) Said records shall be prepared by the Council or its authorized � agent and shall be open for inspection during working hours by anyone designated and verified by the Parking Administrator to act in such capacity in strict accordance with all state and local statutes or ordinances. PARAGRAPH III. THE CITY'S RESPONSIBILITIES A. The City acting through the Parking Administrator is responsible for carrying out obligations as heretofore stated in Paragraph I and IV, V, and VI. B. In addition thereto the City: 1. Shall directly or indirectly absorb the direct operating costs as provided in Paragraph V of this agreement. 2. Shall determine the operational hours for the facility. 3. Shall determine the following parking rates to be in effect on the date of opening: a. Hourly parking: $ .50 first hour $ .25 each additional hour $1 .50 12 hour maximum $2.50 24 hour maximum �. _.,.....�, _ . _ _ _ - 6 - b. Daily parking $1 .50 6 a.m. to 6 p.m. c. Nightly parking $1.25 6 p.m. to 6 a.m. d. $25.00 monthly parking 4. May allow an adjustment or modification in the rate after a substantial completion of the ramp schedule providing that any request for adjustment or modification must: a. Be in written form direct and submitted to the Parking Administrator. b. Provide a needed public service which outweighs any potential economic detriment. c. Provide a long-term fixed revenue anticipation. d. Meet any other parking requirement or need as seen by the Parking Administrator. The Parking Administrator will utilize the recommendations and suggestions offered by the newly created Parking Commission. PARAGRAPH IV. DIRECT OPERATING COSTS DEFINED A. Total wage payments for all personne� (management fees) including the on-site manager, but excluding all other outside management support personne]. 1 . The City and Council agree that the Council 's management manthly fees shall be paid by allowing the Council to deduct its fees from the "gross re- ceipts" but only after direct operating costs have been subtracted. 2. "Gross receipts" shall be defined as income producted in the operation of the parking facility before deductions or expenditures. 3. "Direct costs" sha1l be defined as the expenses incurred by the Council which is both reasonable and necessary for the operation of the parking facility. 4. "Management fees" shall be defined as hourly wages to be paid personnel consistent with prevailing hourly wage levels for like services rendered. Only with the approval of the Parking Administrator may hourly wages differ from the prevailing wage. ,�.r.�.-.:-,. . .. _ _ , _- -. . .__._ __.� „e._��:,.,�...,,,� - 7 - 5. Wage payment shall also include additional wage costs such as Workers' Compensation and unemployment eompensation insurance, social security, hospitalization insurance and any other mutually approved fringe benefits deemed necessary by the Parking Administrator and the Contractor to give equity to and maintain competent and dedicated staff. B. Total cost of operational supplies such as tickets, forms, postage, billing services, as well as other office supplies. C. Total cost of maintenance materials and services, including equipment ser- vice. � D. Total cost of customer damage payments not reimbursed by insurance payment recovered. E. Total cost of uniforms and laundry. F. Total cost of special signs and additional operating equipment with written approval first to be obtained from the Parking Administrator when in excess of One Hundred and no/100 Dollars ($100.00). These costs shall be borne by the reserve funds as created in Paragraph II.C.7. of this agreement. G. Tota1 cost of all utilities. H. Total cost of all insurance and bonds, the amount and extent of coverage eithe as contained in these specifications or as mutually agreed upon before such ex- penditures, including owners, landlords, and tenants' insurance which shall be provided by the Contractor as a condition of his fee for service. I. Total cost of such other equipment, material , supplies or services in excess of One Hundred and no/100 Dollars ($100.00) and which has been mutually agreed upon in writing by the Parking Administrator and the Contractor as being necessary for the efficient opera�tion and management of the parking ramp. J. Special traffic and security control costs as approved by the Parking Administrator PARAGRAPN V. NET INCOME TO THE CITY OF ST. PAUL A. The City reserves and the contractor covenants and agrees to submit to the City without demand at its office a t 113 City Hall , City of St. Pau1 , Minnesota, 55102, or such other place as designated in writing by the City, monthly net income . , _...:_.�__.:._ � . ____ ---.___ _ __ __ __ _ .. .. ......_ �-_.T__ :�» ��..R.a�f.:�..-. +s...ww.� .� ..: . �e.: --.. � . f . . . �'�rY .. . . .... . . ...,. . .... . ... .�-�;-� .._ .. `F� ' - . �.�.. . . . .. .:1"�. - 8 - commencing October 10, 1977, and no later than ten (10) days following the end of the previous month's business during the term of this contract. Said monies shall be in the same amount as shown as net income as supported by attached financial records for that previous month. "Net income" shall be that portion of receipts which remain after paying direct costs and management fees. PARAGRAPH VI. INSURANCE A. The Council shall be obligated, at the time the contract is entered into with the city for the management of its parking facility, to file with the Office of the City Attorney insurance covering the following areas in not less than the following amounts, with the Parking Commission and the City of St. Paul named as the co-insured on all policies: 1. Worker's compensation insurance statutory limits. 2. Garage liability policy. a. Bodily injury: $ 500,000 (each person) $1 ,000,000 (each occurrence) b. Property damage: $100,000 (each occurrence) 3. Passenger elevator insurance. a. Bodily injury. $ �G�,000 (each person) $1 ,000,000 (each occurrence) b. Property damage: $100,000 (each occurrence) 4. Garage-keepers liability insurance limits-$500,0�0. a. Fire and explosion. b. Theft (of entire car). c. Riot, civil commotion, malicious mischief and vandalism. 5. Robbery and holdup insurance (inside and outside)-$2,500. Inside means any conduct of ramp business on premises. Outside means any conduct of ramp business off premises. Deductible limit per case: $500. PARAGRAPH VII. CONTRACT Dt1RATI0N, CANCELLATION AND EXTENSION. A. The obligations of each party to this contract shall continue through June 30, 1978, with the provisions of this contract agreement and the Plans and Specifications of the structure to be considered Exhibit A. � � � _ ' ��,'�" �^�� B. CANCELLATION. Either party may seek to cancel its contractual obligations under the contract upon a showing of good cause and upon 60 days written notice to the other party of its intention to cancel . The non-canceling party, within 15 days after receipt of said notice to cancel , must notify the canceling party of its objection to cancellation. Failure to object within the prescribed 15 days corrstitutes a waiver of the right to object. PARAGRAPH VIII. DAMAGE OR DESTRUCTIQN OF PARKING RAMP - VOIDING CONTRACT. A. If the parking facility shall be damaged or destroyed by fire or other causes so as to render the premises unfit for the uses provided in Paragraph I, either party may by written notice void the contract as of the date the damage occurred. 1. If the parking facility is damaged by fire or other cause but not to the extend as to render the premises unfit for its use as provided in Paragraph I, the City shall notify the Council of its intentions to either repair and restore the premises or void the contract within ten (10) days receipt of the notice of the damage. 2. If the City fails to give notice within the prescribed ten (10) days the Council , within five (5) days after the City's notice period expired, may serve written notice of its intentions to terminate the contract. The effective date of the termination shall be the date the damage occurred. ST. PAUL-RAMSEY ARTS AND SCIENCE COUNCIL BY �ti�/LC � Ri ar Sae ITS AND ITS � , Approved as to form: CI Y IOF ST. PAUL, IN SOTA BY ., ,`�t � '�� ,d ayor ` � Walter A. o ser AND Assistan City Attorney Director, Department of Finance an Management Services � � �