CC RES 99-060 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH METROPOLITAN COUNCIL (METRO TRANSIT) RELATING TO BUS STOP SIGNS

Home Browse Search

7.02 Audit. As required by Minnesota Statutes section 16C.05, subd. 5,the records, books, • documents,and accounting procedures and practices of the City and of any subcontractor relating to work performed pursuant to this agreement shall be subject to audit and examination by Council and the Legislative Auditor and State Auditor. The City shall permit the Council or its designee to inspect and copy all accounts, records and business documents, including those of any subcontractor,at any time during regular business hours as necessary to audit this agreement. Within thirty(30)days after completion,the City shall deliver to the Council a copy of any financial or operational audit of the work performed by the City done by the City or at its request or at the direction of any governmental agency or department. The Council shall have the right in its discretion to monitor,examine, and investigate all elements of the work performed pursuant to this agreement. VIII. GENERAL PROVISIONS 8.01 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s)signed by authorized representatives of the Council and the City. 8.02 Compliance with Law. In performing the work provided for in this agreement,the City agrees to comply with all applicable federal, state, and local laws. In particular,the City will be responsible for performing installation of bus stop signs and holders in compliance with the applicable provisions of: a. MINNESOTA MANUAL FOR UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, current edition and as amended. b. MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION, current edition and as amended. C. MINNESOTA STATUTES CHAPTER 216D regarding excavation, location of underground facilities,notification of Gopher State One Calling System and precautions to avoid damage. Specific provisions in this article include, in part,certain standard terms and conditions required by the Department of Transportation("DOT"),whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT to be passed to the City,as set forth in FTA Circular 4220.1D,dated April 15, 1996,are hereby incorporated by reference. Notwithstanding anything to the contrary in this agreement, all Federal Transit Administration("FTA")mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The City shall not perform any act, fail to perform any act,or refuse to comply with any Council requests which would cause the Council to be in violation of the FTA terms and conditions. However, no reference to DOT or FTA shall be construed to make DOT or FTA a party to this agreement. 8.03 Project Management Responsibility. The City shall be responsible to furnish or secure,administer, and manage all labor,material, equipment and support for the accomplishment of the work, except as expressly stipulated to be furnished by or as the responsibility of the Council. Under the terms of this agreement,the City has and retains full control and supervision of the services and full control over the employment,direct compensation and discharge of all persons assisting in the • performance of its services under this agreement. The City agrees to be solely responsible for all matters relating to payment of employees, including compliance with social security,payroll taxes and withholdings,unemployment compensation, and all other regulations governing such matters. The City agrees that any and all of its employees and all other persons employed by it in the performance of any --5 --