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Home My WebLink AboutRES 80-068 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT NO. PW 33-10-80 WITH HENNEPIN COUNTY ON BEHALF OF THE CITY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIII IIII 102731 Box: 23 Folder: RES 1980 Document: RES 80-068 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE AGREEMENT NO. PW 33-10-80 WITH HENNEPIN COUNTY ON BEHALF OF THE CITY • RESOLUTION 80-068 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENT NO. PW 33-10-80 WITH HENNEPIN COUNTY ON BEHALF OF THE CITY Be It Resolved that the Mayor and City Manager of the City of St. Anthony are authorized to execute Agreement. No. PW 33-10-80 with Hennepin County for snow plowing services on Hennepin County Roads .on behalf of the City. Adopted this J�J� day of �� , 1980 . Mayor ATTEST: Ali 254 City Clerk Reviewed for administration: �. Cit Manager r - r, L i • PW 33-10-80 City of St. Anthony County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT AGREEMENT, Made and entered into this day of 19 by and between the County of Hennepin, a body politic and corporate under the laws of the Sta�e of Minnesota, hereinafter referred to as the "County" , and the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City" , WITNESSETH: WHEREAS, Pursuant to Minnesota Statutes , Section 162.17 and 471.59, the parties desire to enter into an agreement relating to the maintenance of County State Aid Highways within and adjacent to the corporate limits of the City upon the terms and conditions hereinafter set forth. NOW, THEREFORE, The parties do agree as follows : • I The City will , during the term of this agreement, maintain as hereinafter provided those portions of County State Aid Highways within and adjacent to the corporate limits of the City listed as follows : CSAH 27 - between St. Anthony Boulevard and 37th Avenue N.E. (1. 18 miles) . CSAH 136 - between CSAH 153 and 37th Avenue N.E. (1.26 miles) . CSAH 153 - between Stinson Boulevard and CSAH 136 (0.53 miles) . II The maintenance to be performed by the City shall consist of the following: A. Keep the aforementioned County State Aid Highways reasonably free and clear from ice and snow, and undertake proper sanding or salting when necessary. B. Furnish all labor, equipment, materials , supplies , tools, and other items necessary for the performance of all and any of the work pro- vided for i.n this agreement. III The County will pay to the City the sum of Three Thousand Nine Hundred Seventy Five Dollars ($3,975.00) per year for the performance of the work,, labor, equipment and materials as hereinbefore set forth. • Payments under this agreement shall be made on a semi-annual basis , and as - soon after the respective dates of April 30 and December 31 of each year as may be possible,_ upon submission by the City to the County of a certificate approved by the(County Department of Transportation certifying that all work has been done during the period of which payment is to be made, in full accordance with this agreement. This agreement shall be in full force and effect for the calendar year 1981. IV It is agreed that if any of the highways or portions thereof covered by this agreement are removed from the County system during the term of this agreement as provided by law, the County's annual cost shall be recomputed as follows : $3,975.00 - 3975 x A z B = Total Annual Cost 2.97 Where: A = Number of miles removed from County System. B = Number of winter months the mileage removal was in effect. (For the purpose of this computation, winter months shall be construed to be the period from January 1 to April 15 and from November 15 to December 31 of each calendar year giving a yearly total of five months. ) V It is further understood that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City are in no way employed by the County. VI • Upon failure of the City to perform any of the work named herein under the terms of this agreement, then the Board of County Commissioners may do and perform such work or cause it to be done and performed, and may retain from any monies then due to the City under this agreement, or thereafter becoming due, any such amount as is required for the completion of such work, provided however, that this paragraph shall not be construed to relinquish any right of action which may accrue in behalf of the County as against the City for any breach of agreement. 2 - VII • The parties agree that with the exception of the payments due and payable or to become due and payable as herein provided, neither the County, its officers , agents or employees either in their individual or official capacity shall be responsible or liable in any manner to the City or to any other person or persons whatsoever(,for-any claim, demand, action or causes of action of any kind or character arising out of or by reason of the negligent performance and completion of the work provided herein or arising out of any contract let by the City for the performance of any of the work provided for herein and the City agrees to defend, save and keep said County, its officers , agents and employees harmless from all such claims , demands , actions or causes of action arising out of the negligence of the City, its officers, agents or employees . The City also agrees that any contract let by the City for the performance of any of the work included hereunder shall include clauses that. will : (1) Require the contractor to hold the County, its officers, agents and employees harmless from any claim, demand, action or cause of action of any kind or character arising out of or by reason of the negligence of the said contractor, its officers , employees, agents or subcontractors and (2) Require the contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. VIII The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. • - 3 - • IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY By (SEAL.) May r /l Date And Cit anager Date COUNTY OF HENNEPIN • ATTEST: By Deputy County .Auditor Chair of its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. - And ` ( Associate County Administrator and l County Engineer si tant, Count Attorney Date Date ��/�� '� RECOMMENDED FOR APPROVAL: Approved as to execution • Director, Department of Transportation Assistant County Attorney Date Date t _-