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244344 ORIGINAL TO CITY CLERK • • � 244344 • CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK FILE COUNCIL S UTION-GENERAL FORM PRESENTED BY � COMMISSIONE DATF RESOLVED, By the Council of the City of Saint Paul, that the proper City officers are hereby authorized and directed to execute, on behalf of the City of Saint Paul, agreement between the City and Roy Jorgensen Associates , Inc. for a study of off—street cleaning management procedures, as more particularly set forth in said agreement, to be charged to Fund 0251 -- Gleaning Graded Streets (�2,000.00) ; Fund 0252 -- Cleaning Paved Streets (�8,000.00) ; Fund 4202 -- Cleaning Flushed Streets (�2, 800.00) ; and Fund 4204 -- Cleaning Oiled Streets (�6, '700.00) . � FORM PPROY . /�s .Corpora C i ��IN � � 196� COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson �'k ,--. Approver� ���� � ��' �9�� 19�_ Meredith --� Tn Favor �''] PP4�a,.�^�n �Z— �"T— � Mayor Sprafka alatin� Tedesco A gainst �:�r��t,� .�.� ��;;; PUBLISHE� JU.N 14 1969 Mr. Vice: Yre3n�ic:;a� ;t'et�xbva►) � �y3� yAna Coda 612 , �iTY °P P/1UL�. KELLY �.5�2� • ��` ; THOMAS J. STEARNS � ' JON R. DUCKSTAD � �-����E;;�! ~ ARTHUR M. NELSON L a �,, ' �� JEROME J.SEGAL THOMAS M. MOONEY ROBERT E.O'CONNELL JAMES W. KENNEY Fint Assistant cITY OF SAINT PAUL KENNETH J. FIIZPNTRICK PAUL F. McCLOSKEY, JR. OANIEL A. KLAS LOU15 E.TORINUS Spscial Assistant LEGAL DEPARTMENT JOSEPH E.CARTWRIGHT 316 City Hall, St. Paul, Minne:ota 55102 JOSEPH P. SUMMERS Corporation Counsel J un e �.6� 19 6 g � Mr. Kent Schonberger Maintenance Services Engineer Department of Public Works Subject : Council resolution, C. F. No. 244344. Dear Kent : Attached please find an original and two (2) copies of agreement between the City and Roy Jorgensen Associates , Inc. , which agreement has been approved by the above resolution and was subsequently rescinded by Council action. I am returning the original copy to you for your files as I understand that it does not look likely that . the City will approve this agreement in the near future. � � r Yours very truly, � � � J� ro'me J. egal � A istant/ Corporation Counsel JJS�mla Enclosures ce: . Albert B. Olson Council Recorder City Clerk' s Office �� �44� AGREEr1ENT 44 FOR . , A MAINTENANCE INIPHOVEA�ENT PROGR.f1M � FOR THE DEPAR.TMENT OF PUBLIC WORKS STREET CLEANING OPERATION OF THE CITY OF SAINT PAUL THIS AGREEMENT is made and entered into this day of , 1969, by and between the City of Saint Paul , a municipal corporation of the State of Minnesota, hereinafter designated as "The City" , and Roy Jorgensen Associates, Inc. , a corporation organized under the laws of the State of Delaware, with its principal offices located at Gaithersburg, Maryland, hereinafter designated as "Consultant" . WITNESSETH: WHEREAS, The Department of Public Works of the City desires a study to be made of the off-street cleaning management procedures; and WHEREAS, Said Department of Public Works has insufficient staff to make such study within a reasonable time , while still maintaining necessary continuous services and functions ; and WHEREAS, The Consultant has the staff, reference materials , an.d other technical resources necessary to, and is willing to make, such a management and procedure study; and WHEREAS, The desired study has been outlined by the City and the Consultant and has been referred to in the proposal of the Consultant dated May 14, 1969, addressed to the Commissioner of Public Worl�s and signed by Joseph L. r � Garner, Vice President , and on file in the office of the Commissioner o� Public Works , and by reference is incorporated herein and made part and parcel hereof, with the same in.tent , purpose and effect as if said proposal was fully set forth herein verbatim; NOW, THEREFOI�E, for and in consideration of certain amounts herein.after specified to be paid to the Consultant by the City, the Consultant agrees to do, at his own. cost and expense, all of the management consulting work as hereinafter specified under this agreement. Section A. General Scope of the Agreemen.t The general scope of the agreement is outlined as follows : To design a New System for Management of the street cleaning operations on the streets of Saint Paul , utilizing principles and tech- niques developed and applied to road and street maintenance in a number of agencies in the United States and Canada, and To install the New System, including the training of Public Works personnel and guidance in establishing consistent and effective management decisions , including estimating, scheduling and performance evaluation using measures and indicators established for Saint Paul. -2- . � .. . �. Section B. Description of Work Items The description of work items is limited to the street cleaning operation sho�,m as Phase I in the Project Schedule of the proposal dated May 14, 1969, heretofore made a part of this agreement. The snow removal, sanding and salting operation (Phase II) is excluded from this agreement. Section C. Completion 1. The signing of this agreement will automatically authorize the Consultant to proceed forthwith with the execution of the work described herein. 2. All work provided for in this agreement shall be completed by the Consultant within four months of the start of this work. 3. A final report by the Consultant shall be presented in 15 copies of a bound report prepared to include sufficient narrative and exhibits adequate to present the results of the work to be accomplished under this agreement. Section D. Miscellaneous Provisions 1. The City agrees to: a. Provide necessary space facilities and office equipment for the Consultant ' s staff. b. Arrange for full cooperati.on by the City' s officials and employees including access to such records and other infor�ation needed by the Consultant to carry out the -3- ( . - _ _ _ _ :. _, _ �. . work set forth hereinbefore and to render prompt decisions on matters a�fecting the progress of the work. c. Pay the Consultant , within 30 days after submission of itemized monthly statements referred to hereinafter, the amounts due for services rendered. 2. Neither the City nor the Consultant shall assign, sublet or transfer its interest in this agreement without the written consent of the other. 3. It is understood and agreed that minor changes in the corporation of the Consultant shall not operate to cancel this agreement. 4. The Consultant agrees to save harmless, protect and defend the City, its employees and officials from any and all liability arising out of any damages resulting from or claim to results from negligence of the Consultant for their employees, contractors or subcontractors in the performance of this agreement and the work provided for herein. 5. For the purposes of this agreement , Consultant shall be deemed to be an independent contractor and not an employee of the City. Any and all employees of Consultant or other persons while engaged in the performance of any work or services required by Consultant under this agreement shall not be con- sidered employees of the City, and any and all claims that may or might arise under the Workmen' s Compensa- tion Act of Niinnesota on behalf of said employees or -4- �-• . �, other persons while so engaged and any and all claims made by any third party as a consequence of any act or omission on the part of Consultant ' s employees or other persons while so engaged on any of the work or services to be rendered herein shall be the sole obligation and responsibility of the Consultant and shall in no way be the obligation or responsibility of the City. Consultant shall pay, as they become due, all just claims for work, tools , machinery, skill , materials , insurance premiums, equipment and supplies furnished, rendered or performed in the execution of this agreement. 6. Consultant agrees , in accordance with Chapter 238, Laws of the State of Minnesota for 1941 , that in the hiring of common or skilled labor for the performance of any work under this agreement or any sub-agreement hereunder, no contractor, material supplier, or vendor shall, by reason of race, creed or color, discriminate against any person who is a citizen of the United States who is qualified and available to perform the work to which such employment rela�es ; that no contractor, material supplier, or vendor under this agreement shall in any manner discriminate against, or intimidate or prevent the employment of any person, or on being hired, prevent , or conspire to prevent, any person from the performance of work under this agreement on account of race, creed or color; and that this agreement may be _5_ � . cancelled or terminated by the City, and all moneys due or to become due hereunder shall be forfeited for a second or any subsequent violation of the terms or conditions of this agreement . Section E. Consultant ' s Compensation 1. For the services rendered by the Consultant as described in this agreement , the City shall pay to the Consultant the sum of Nineteen Thousand and Five Hundred Dollars (�1g, 500. 00) payable as hereinafter described. The City shall pay to the Consultant, monthly installments as set out for Phase I in the proposal heretofore made a part of this agree- ment. The final payment and full settlement of the City' s obligation hereunder shall follow and be subject to approval and acceptance of the final report provided for in Section C, Item 3, of this agreement . 2. Payments based on work progress for amounts earned by the Consultant under Sections A through D, and Section E, Item l , shall be made by the City to the Consultant within 30 days from and after receipt of statement by the City. � -6- _ E-- i _ _ , _ _ � IN TESTIMONY ��IER�OP, the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. CITY OF SAINT PAUL Approved as to Fo . By Ma or Assista t orp�/a on ounsel .�.� �,�---, 1 . Commissioner of , �,�� Public Works Approved as � to form and execu- tion this day of , City Clerk 1969. Assistant Corporation Counsel Countersigned: City Comptroller I Presence Of: ROY JORGENSEN A OCIATES, INC. � J-�' _ By _ ;'� / �- , ;' Preside _7_ �