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HomeMy WebLinkAboutRES 82-053 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXCUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102567 Box: 23 Folder: RES 1982 Document: RES 82-053 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXCUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CIN OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES • RESOLUTION 82-053 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the Agreement between Hennepin County -and the City of St. Anthony for road maintenance services on behalf of the City of St. Anthony . Adopted this qth day of ND Ve_m be,1- 19 82 . /�,4e � • 4ayor ATTEST: City Clerk Reviewed for administration : City Manager I certify that this is a true and accurate copy of St. Anthony cords. Date - 1 PW 26-10-82 City of St. Anthony County of Hennepin COUNTY ROAD MAINTENANCE AGREEMENT AGREEMENT, Made and entered into this sX day of ��n�� 19 by and between the County of Hennepin, a body politic and corporate under the laws of the State 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', herein- after 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 provid- ed, 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 reasonable free and clear of ice and snow, and undertake proper sanding or salting when necessary. B. Sweep, flush, and dispose of any debris from the aforementioned County State Aid Highways twice during the calendar year as follows: 1'. As soon as practicalbe after the spring snow melt, and 2. During the period of mid-summer or early fall as conditions warrant. 1 • C. Clean the center medians in conjunction with the early spring cleaning de- scribed in Paragraph "B" . D. Furnish all labor, equipment, materials, supplies, tools, and other items necessary for the performance of all and any of the work provided for in this agreement. III ' The County will pay the City for maintenance operations as specified herein for Calendar Year 1983, the amounts set forth in the fee schedule attached hereto, marked Exhibit "A", and by this reference made a part hereof. 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 De- partment of Transportation certifying that all work has been done during the period for 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 1983. IV It is further understood that any and all employees of the City and all other per- sons engaged by the City in the performance of any work or services required or provided by the City are in no way employed by the County. V 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. VI 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 2 • 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 aris- ing 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 con- tractor 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 subcon- tractors and 2) Require the contractor to provide and maintain sufficient insurance so as to assure the performance of its hold harmless obligations. • VII 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 y � •�., rte. i ti • 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 writ- ten. CITY OF ST. ANTHO 01 SEAL , . B � ) Y mayor Date: Oil, • And: " Fh '(2hoaa-) City Manager Date: Nov IO, 98Z. COUNTY OF HENNEPIN ATTEST: l�C By: 1 k of the County Board Val man of its "C. Board Date: a — 02 9- $vz— Dat a $off And: 000A Upon proper execution, this agreement Associate C ty A ministrator and will be legally valid and binding. County Eng'neer By: V Date Assistant County A-ttor ey Date: �/d �-- Approved as to execution: RECOMMEN ED FOR APPROVAL: BY: By O. A sistant County Attorney Director, Department of Transportation Date: / / �� �� Date: //�/6A83..