Loading...
HomeMy WebLinkAbout10E - Circulator Bus Service CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: May 3, 2004 AGENDA #: 10-E PREPARED BY: Susan Walsh, Assistant City Manager AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE AGREEMENT WITH SCOTT COUNTY FOR CIRCULATOR ROUTE SERVICE DISCUSSION: Historv: For the past four years, Scott County Transit in cooperation with the City has provided dial-a-ride service during the summer months for Prior Lake residents. The additional service during this peak period of time has proven to be a valuable service to our residents. Each year an average of 1400 riders used our summer transit services as a means to get to summer school, work, appointments and various summer activities. Current Circumstances: This year staff is recommending that our summer transit program switch from dial-a-ride to a circular bus route service. For City Council approval is the Agreement between Scott County and the City of Prior Lake that addresses the requirements needed to put this new service into place. Attached is a proposed schedule consisting of 14 bus stops throughout the city and 12 bus routes running at various times throughout the day, Monday through Friday. The various bus stops for pickup and drop off of riders were established based on a variety of factors: (1) dial-a-ride data from previous years; (2) summer school class schedules at Hidden Oaks Middle School and Prior Lake High School; (3) popular summer destination points such as Lakefront ParklWatzl's Beach and Sand Point Beach; (4) targeted places of employment; and (5) shopping and dining. From previous years, a number of dial-a-ride users went to summer school and to work at Valley Fair. Therefore, staff focused on setting route times to meet these two demands as well as to get riders to various drop off and pick up points throughout the city. The schedule also provides rides to the Southbridge Wal-Mart in Shakopee where riders can connect with a Shakopee bus to Valley Fair and then on to the Burnsville Transit Station. There riders have the option of taking a MVT A bus to the Mall of America and back. More service to a larger number of riders is the main reason staff is recommending a circular route service. The circulator bus route will provide continuous service to 14 destination and pickup points throughout the day. This service will also stop and pickup or drop off riders anywhere along the route if it is safe to do so. Residents only need to notify Scott County Transit the day before. Future plans are to have stops along Main Street through downtown, Priordale Mall and other areas throughout the city. The fare is $1.00 per ride, and punch cards will be available. www.cityofpriorlake.com I:\ASSTCM\PRIOR LAKE TRANSIT\~~MWs>fMJ4~RrlMT~~PORT.DOC Conclusion: Prior Lake residents rely upon summer transportation service, and staff recommends that the City expand on this service by implementing a circulator route service in cooperation with Scott County Transportation. FISCAL IMPACT: The Agreement with Scott County will be effective June 7,2004 through August 27, 2004 which coincides with the service dates. Scott County will bill the city based on actual costs for wages, fuel, ?lnd vehicle maintenance costs. The maximum billing amount will not exceed $6,800 per month or $20,400 for 2004. This is an increase from $6,000 per month or $18,000 per year for dial-a-ride service in 2003. Adequate funds have been budgeted in the transit operating budget. ISSUES: The policy question is whether the Council wishes to continue to offer additional transit service to the community and to change from dial-a-ride to a circulator route service. Dial-a-ride services tend to become defacto circulator routes as the same people use the service on a regular schedule. There is some risk that we will accrue a greater number of miles with fewer passengers. But we hope that this year will help us to refine the route so that it will be more productive next year. The internal circulator route is consistent with the 2020 Vision and Strategic Plan in that it is intended to connect the lake, Lakefront Park and the Downtown from a transit perspective. Once slips are installed at Watzl's Point, boaters will be able to use the circulator to get to and from downtown. In past years, the cost per rider for dial-a-ride was $10 per rider. Even with the increased operating costs staff believes this figure will remain the same if rider numbers increase as anticipated. This will be a change in service from previous years, and some residents will need to get use to going to a bus stop rather than having the bus come to their home. But, by having several route times and destination points, the circulator route should provide more options to riders who used our service in previous years. ALTERNATIVES: (1) Motion to adopt a resolution approving an agreement between Scott County and the City of Prior Lake for Circulator Route Service. and to authorize the mayor and city manager to execute said agreement. (2) Deny and provide staff with direction. RECOMMENDED MOTION: Alternative No. 1 REVIEWED BY: I:\ASSTCM\PRIOR LAKE TRANSlnCIRCULATOR ROUTE\CIRCULATOR AGENDA REPORT. DOC ;0 o c: CD r CJ1 ~ CO CJ1 ~ CJ1 01 ...... CJ1 01 0) 0) o N 0) ~ 0) o CO ~ ~ 'l] c: CD ^ ~ ~ N ~ ~ ...... .a:.. 01 o .a:.. ~ ~ 01 CJ1 ~ 01 co CJ1 o N CJ1 o ...... ~ N CJ1 N N CJ1 W (,.) CJ1 :r:;. o CJ1 ~ CJ1 CJ1 ~ CJ1 CJ1 ~ CO ;0 o c: CD c... (,.) o o (,.) o CJ1 (,.) o 0) (,.) o CO ~ (,.) ~ ...... (,.) N o (,.) N CJ1 ;0 o c: CD .... 01 co N o 0) N o CO ~ o f':'l ~ ~ 0) N ~ N N ...... N W N N W ...... N ~ ...... (,.) o o ;0 o c: CD :J: .... .... ...... .... N N .... N CJ1 .... N 0) .... W o .... ~ .... W ...... .... W 0) .... ~ (,.) .... ~ CO .... 01 CJ1 .... 01 co ;0 o c: CD G> .... N ~ 0) .... N ~ .... N ~ .... N 01 CJ1 .... N 01 co .... o (,.) ~ .... ..... ..... ;0 o c: CD "T1 ..... N ~ .... N o CO ..... ~ .... .... ~ 0) .... N ~ .... N W CO .... N t .... N t .... N ~ 0) "a ~ "V ~ "a ~ "V ~ "a ~ "a ~ "V ~ "a ~ "V ~ "a a: "a ~ "V a: "a ~ "a ~ "V ~ 'l] c: CD "T1 .... .... ~ CJ1 .... .... ~ .... .... ~ .... .... 01 CJ1 .... .... 01 co ;0 o c: CD m .... o t .... o ~ CO .... o 01 N .... o 01 (,.) .... o 01 ...... .... .... ~ .... .... ~ .... .... o CO .... .... ~ .... .... N o .... .... W o .... .... W CJ1 .... .... ~ o .... .... ~ CJ1 ;0 o c: CD C co ~ co W 0) co W CO co ~ o co ~ co ~ co ~ co ~ .... o ~ .... o ~ .... ~ ...... .... o N CJ1 .... o N CO .... o W CO .... o t 'l] c: CD (") 0) N (,.) 0) N 0) 0) W N 0) W (,.) 0) W ...... 0) ~ 0) t 0) ~ CO 0) 01 co co ~ ~ CJ1 co ~ co N ...... co N ...... co ~ ;0 o c: CD CD ...... N N ...... N ...... ...... W o ...... ~ ...... W CJ1 ...... W CO ...... ~ N ...... ~ ...... ...... 01 N ...... 01 0) 0) o CJ1 0) ~ o ~ 0) 0) N (,.) ;0 o c: CD )> ~~ ~~ ~~ ~~ ~~ 0)1: ~~ CO~ ~~ t;~ ~~ ......~ ~~ g:1: ~~ ~~ ~~ O~ I~ ~~ ~> ~a: ...... ~ .. ~ =I ....~< 0) CD :-:,~i ~ ~i ::l :-:'~ ~~ l3uS 87'0 7'" ~8 / ~~S -0 l>> ~ ~";3'a ~ g:~a " ::J a =- ~ ;3' (; "V 5" ~ fti 6- a go "" "" 8"~g:" en Q, (b =- .c:(bU) r "T\ "V '<g ii3 a- U) go ~ "" )> 5'" ~ ~ =- "V :1 o "" CD "T\ 2 ii3 ~go~ ~" 5" ~ ~ " =- [!! ~ ~ 3 go ~ ~ ~ en" CD r+ =- () ~ "a CD :::s.:1 a ~ 0 CD go=: "" ~ [~ Q, ;0 CD Q, )> "T\ ~ ()~ Cil 0 ::0 ~ "" 0) 0" Ngoa =- &> (") ~" ~ ~ 'i go 3 ~ ;I; ~" ~ (; =- ~ ~ en m~ 9-6' a en ~g T'~ ~ ::J. :::s.~ (b ~ ~ Di' (I) :I: ~ca S .... N (b co (,.) go - CD en ;? (I) g.;I;g ~ 8. <go (; I ~ CD CD 3::J: C:c: 9:i' CD ::J eno 9-0) 8.~ -0 (; ~ 0) -0 ~ ~ s. 0) ~ g:~a" ::J a =- "a :::a 5 ~:::a g 5= a." :::a ~ m o..n C:7- -Ia:::a men ~co C .A;S :10 2':::a '<:::a o C -I m "V :1 o "" " =- (I) i ~ o 'a : "a :1 o "" " =- COUNTY OF SCOTT Agreement for Circulator Route Services for City of Prior Lake 020831 THIS AGREEMENT, is entered into this _ day of May, 2004 by and between the County of Scott, Minnesota, through the Public Works Division, 600 Country Trail East, Jordan, Minnesota 55352, hereinafter referred to as the "County," and the City of Prior Lake, a municipal corporation located at 16200 Eagle Creek Avenue Southeast, Prior Lake, Minnesota, 55372, hereinafter referred to as "City". NOW THEREFORE, in consideration of the mutual undertakings and agreement contained herein, the County and City hereby agree as follows: 1. Purpose of Aareement: The County, through the Scott County Public Works Department, has the facilities and personnel available to provide transit services through the operation of Dial-a-Ride service to specified individuals; and the City desires to make use of the transit services available from the Scott County Public Works Department to provide additional transit services during the peak season between June and August. 2. Scope of Services: 2.1 The County shall provide transportation service in the City of Prior Lake and to surrounding communities for the operation of a circulator route to be known as Laker Lines Circulator. 2.2 For the purposes of this Agreement, the circulator route is a regular route that begins and ends at a designated location and will have multiple stops along the route. The Lakers Lines Circulator will operate weekdays and will consist of no more than twelve (12) routes. 2.3 Presently the County provides Dial-a-Ride service to County and City residents. During the period between June and August ridership historically has increased. This Agreement sets out the terms, conditions and consideration under which Scott County will add additional capacity to its present services during said peak period. 2.3.1 The County shall operate reservations and dispatching services within the normal parameters of its existing operation and shall provide additional services for Prior Lake residents and their guests during the June through August peak period. 2.3.2 The County shall provide transportation services consisting of a single bus operating regular circulator route service. The service shall operate from June 7, 2004 to August 27, 2004 (inclusive), Monday through Friday. 2.4 The County shall designate a vehicle dedicated to providing circulator route service for the City. The dedicated vehicle will be safe, reliable and cost-efficient. The County will also be responsible for insuring the vehicle, and the driver(s) are considered County employees. 2.4.1 The County will provide the necessary training to the reservationist and driver positions assigned to this project. 2.4.2 The reservationist shall handle customer service issues and shall be the direct contact for the City for this purpose. Any serious issues shall be directed to the Transportation Supervisor of Scott County Transit and the Assistant City Manager for the City. All intake procedures shall be written, assigned and managed by both a City representative, a Scott County representative, and the person chosen for the temporary reservationist position. 2.5 The City shall provide and distribute the necessary brochures, advertising, and promotional material for this service. The information distributed shall include but not necessarily be limited to: pricing, hours of service, telephone numbers, scheduling information, service expectations, customer service expectations, coupon redemption, transfer information, fare card information etc. 2.6 The City shall allow some customers to ride on this service without monetary compensation. In these cases, the requested transportation shall be set up in advance by the client themselves or a City representative. This may also be done in the way of a free ride coupon or discount cards. The City or the County supervisors only may authorize free rides. 3. TERM OF AGREEMENT This Agreement shall be effective June 7, 2004, and shall remain in effect through August 27, 2004, or until all obligations set forth in this Agreement have been satisfactorily fulfilled or unless earlier terminated by either party, with or without cause, upon fourteen (14) days' written notice to City or the authorized agent of the County. 4. CONSIDERATION AND TERMS OF PAYMENT Consideration for all services performed by County pursuant to this Agreement shall be paid by City as follows: For the Agreement year starting June 27, 2004, the County shall report to the City, within ten (10) days following the conclusion of each month, the following information: number of riders, revenue hours, riders per revenue hours, service hours, and number of adults, seniors, limited mobility, students, children, and cash riders. The report shall show fares collected by fare category i.e. cash/transfer/pass/free pass/discount coupon. In addition, the County shall provide origin- designation information for all rides completed, and daily vehicle hours and mileage. Within thirty (30) days from the receipt of such report in a form acceptable to the City, the City shall pay to the County the actual costs directly related to this service. However, in no event shall the monthly amount billed to the City exceed Six Thousand Eight Hundred Dollars ($6,800.00), minus the amount of cash fares collected, per month, for the months of June, July, and August. Additional incidental expenses incurred by the project shall be invoiced at the end of the term of this Agreement. See Attachment A for a breakdown of estimated monthly expenses. 5. AUTHORIZED AGENTS The parties hereby appoint the following authorized agents for the purpose of administration of this Agreement: Troy Beam, Transit Manager Scott County Public Works 600 Country Trail East Jordan, MN 55352 952-496-8277 Susan Walsh, Assistant City Manager City of Prior lake 16200 Eagle Creek Ave SE Prior lake, MN 55372 952-447-9802 For other purposes County's agents are: Program: Troy Beam Scott County Public Works 600 Country Trail East Jordan, MN 55352 952-496-8277 Billing: Gary Bruggenthies Scott County Public Works 600 Country Trail East Jordan, MN 55352 952-496-8335 6. COUNTY AND STATE AUDIT Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott or the City of Prior Lake regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County and City notifies each party in writing that the records need no longer be kept. 7. INDEMNITY The County and City mutually agree to defend, indemnify, and hold harmless each other and their respective officers, board members, and employees for claims of any kind (including attorney fees and costs) that may arise in connection with the performance of this Agreement, except for the portion of a claim that is caused by the negligence or intentional conduct of the other party. Nothing herein shall be construed as a waiver of the provisions of Minnesota Statutes Chapter 466. 8. DATA PRACTICES The City and County agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. 9. CONTROLLING LAW The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 10. SUCCESSORS AND ASSIGNS This Agreement shall not be assignable without prior written consent of the City. 11. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. "~ ----/ 12. SEVERABILITY In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 13. ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and City relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. SCOTT COUNTY BY: Barbara Marschall, Chair of the Board DATE: ATTEST: David J. Unmacht, County Administrator APPROVED AS TO FORM AND EXECUTIION: Pat Cilberto Scott County Attorney DATE: CITY OF PRIOR LAKE BY: Jack Haugen, Mayor BY: Frank Boyles, City Manager DATE: ESTIMATED MONTHLY EXPENSES ESTIMATED MONTHLY COSTS Reservations 25 hours per week at $14.00/hour Drivers 2 part time drivers at $12.85 per hour, 65 hours per week Phones Line Cell Insurance Worker's Compensation Insurance (3 employees at $150.00 each) Vehicle Insurance Vehicle Vehicle Maintenance Fuel Dispatchers/Reports/Scheduling, etc. Part time Dispatcher at $14.50 per hour, 8 hours per week Attachment A $ 1,400.00 $ 3,341.00 $ 50.00 $ 39.00 $ 450.00 $ 85.00 $ 350.00 $ 255.00 $ 337.00 $ 464.00 Total $ 6771.00 Attachment B FARES $1.00 Fare (Laker Lines Circulator Local Only within Prior Lake) Transfers will be accepted, documented and the information will be relayed to City for their own billing practices. RESOLUTION 04- 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 A RESOLUTION APPROVING THE AGREEMENT BETWEEN SCOTT COUNTY AND THE CITY OF PRIOR LAKE FOR CIRCULATOR ROUTE SERVICE Motion By: Second By: WHEREAS, the City Council recognizes the need for providing additional transit service during the summer months; and WHEREAS, the staff has made arrangements for a circulator route service with Scott County Transportation Division; and WHEREAS, the City Council approves entering an agreement with Scott County to provide this service. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Agreement with Scott County for transit services for the period of June 7, 2004 through August 27,2004 is hereby approved. 3. An amount not to exceed $20,400 is hereby allocated from the Transit Account. 4. The Mayor and City Manager are authorized to execute this Agreement. PASSED AND ADOPTED THIS 3rd DAY OF MAY, 2004. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska City Manager, City of Prior Lake www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEMORANDUM DATE: April 29, 2004 TO: Mayor Haugen and Councilmembers Blomberg, LeMair, Petersen, Zieska City Manger Frank Boyles City Attorney Suesan Pace FROM: Susan Walsh, Asst. City Manager RE: May 3, 2004 Agenda Item 10-E - Agreement with Scott County for a Circulator Route After the City Council packets were delivered yesterday, Scott County staff members notified me about some minor changes they wanted made to the Agreement. These changes are for clarification purposes, and I agree with their suggested changes. Attached is a revised agreement for your consideration at the May 3,2004 Council Meeting. The revisions are as follows: 1. Section 1 - Purpose of Aareement: Public Works Department is changed to Public Works Division. 2. Section 2.1 - (line 1) The word, transportation, is changed to the word, transit. 3. Section 2.3.2 - (line 1) The word, transportation, is changed to the word, transit. 4. Section 2.6 - The first sentence is changed to read: The City shall allow some customers to use this service without charging a fare at time of the ride. (This provision provides for the City to give out free ride passes as a promotional item or we could have a young rider who needs a bus ride and doesn't have any money (because he spent it all at one of our concessions) . 5. Section 4 (2nd paragraph) - June 27th (typo) date replaced with June 7th -- which is when the service begins. If you have any questions, please contact me at 447-9802. Thank you. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 COUNTY OF SCOTT Agreement for Circulator Route Services for City of Prior Lake 020831 THIS AGREEMENT, is entered into this _ day of May, 2004 by and between the County of Scott, Minnesota, through the Public Works Division, 600 Country Trail East, Jordan, Minnesota 55352, hereinafter referred to as the "County," and the City of Prior Lake, a municipal corporation located at 16200 Eagle Creek Avenue Southeast, Prior Lake, Minnesota, 55372, hereinafter referred to as "City". NOW THEREFORE, in consideration of the mutual undertakings and agreement contained herein, the County and City hereby agree as follows: 1 . Purpose of Aoreement: The County, through the Scott County Public Works Division, has the facilities and personnel available to provide transit services through the operation of Dial-a-Ride service to specified individuals; and the City desires to make use of the transit services available from the Scott County Public Works Division to provide additional transit services during the peak season between June and August. 2. Scope of Services: 2.1 The County shall provide transit service in the City of Prior Lake and to surrounding communities for the operation of a circulator route to be known as Laker Lines Circulator. 2.2 For the purposes of this Agreement, the circulator route is a regular route that begins and ends at a designated location and will have multiple stops along the route. The Lakers Lines Circulator will operate weekdays and will consist of no more than twelve (12) routes. 2.3 Presently the County provides Dial-a-Ride service to County and City residents. During the period between June and August ridership historically has increased. This Agreement sets out the terms, conditions and consideration under which Scott County will add additional capacity to its present services during said peak period. 2.3.1 The County shall operate reservations and dispatching services within the normal parameters of its existing operation and shall provide additional services for Prior Lake residents and their guests during the June through August peak period. 2.3.2 The County shall provide transit services consisting of a single bus operating regular circulator route service. The service shall operate from June 7, 2004 to August 27,2004 (inclusive), Monday through Friday. 2.4 The County shall designate a vehicle dedicated to providing circulator route service for the City. The dedicated vehicle will be safe, reliable and cost-efficient. The County will also be responsible for insuring the vehicle, and the driver(s) are considered County employees. 2.4.1 The County will provide the necessary training to the reservationist and driver positions assigned to this project. 2.4.2 The reservationist shall handle customer service issues and shall be the direct contact for the City for this purpose. Any serious issues shall be directed to the Transportation Supervisor of Scott County Transit and the Assistant City Manager for the City. All intake procedures shall be written, assigned and managed by both a City representative, a Scott County representative, and the person chosen for the temporary reservationist position. 2.5 The City shall provide and distribute the necessary brochures, advertising, and promotional material for this service. The information distributed shall include but not necessarily be limited to: pricing, hours of service, telephone numbers, schequling information, service expectations, customer service expectations, coupon redemption, transfer information, fare card information etc. 2.6 The City shall allow some customers to use this service without charging a fare at the time of the ride. In these cases, the requested transportation shall be set up in advance by the client themselves or a City representative. This may also be done in the way of a free ride coupon or discount cards. The City or the County supervisors only may authorize free rides. 3. TERM OF AGREEMENT This Agreement shall be effective June 7, 2004, and shall remain in effect through August 27, 2004, or until all obligations set forth in this Agreement have been satisfactorily fulfilled or unless earlier terminated by either party, with or without cause, upon fourteen (14) days' written notice to City or the authorized agent of the County. 4. CONSIDERATION AND TERMS OF PAYMENT Consideration for all services performed by County pursuant to this Agreement shall be paid by City as follows: For the Agreement year starting June 7, 2004, the County shall report to the City, within ten (10) days following the conclusion of each month, the following information: number of riders, revenue hours, riders per revenue hours, service hours, and number of adults, seniors, limited mobility, students, children, and cash riders. The report shall show fares collected by fare category i.e. cash/transfer/pass/free pass/discount coupon. In addition, the County shall provide origin- designation information for all rides completed, and daily vehicle hours and mileage. Within thirty (30) days from the receipt of such report in a form acceptable to the City, the City shall pay to the County the actual costs directly related to this service. However, in no event shall the monthly amount billed to the City exceed Six Thousand Eight Hundred Dollars ($6,800.00), minus the amount of cash fares collected, per month, for the months of June, July, and August. Additional incidental expenses incurred by the project shall be invoiced at the end of the term of this Agreement. See Attachment A for a breakdown of estimated monthly expenses. 5. AUTHORIZED AGENTS The parties hereby appoint the following authorized agents for the purpose of administration of this Agreement: Troy Beam, Transit Manager Scott County Public Works 600 Country Trail East Jordan, MN 55352 952-496-8277 Susan Walsh, Assistant City Manager City of Prior Lake 16200 Eagle Creek Ave SE Prior Lake, MN 55372 952-447-9802 For other purposes County's agents are: Program: Troy Beam Scott County Public Works 600 Country Trail East Jordan, MN 55352 952-496-8277 Billing.: Gary Bruggenthies Scott County Public Works 600 Country Trail East Jordan, MN 55352 952-496-8335 6. COUNTY AND STATE AUDIT Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County of Scott or the City of Prior Lake regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County and City notifies each party in writing that the records need no longer be kept. 7. INDEMNITY The County and City mutually agree to defend, indemnify, and hold harmless each other and their respective officers, board members, and employees for claims of any kind (including attorney fees and costs) that may arise in connection with the performance of this Agr~ement, except for the portion of a claim that is caused by the negligence or intentional conduct uf the other party. Nothing herein shall be construed as a waiver of the provisions of Minnesota Statutes Chapter 466. 8. DATA PRACTICES The City and County agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. 9. CONTROLLING LAW The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however,in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 10. SUCCESSORS AND ASSIGNS This Agreement shall not be assignable without prior written consent of the City. 11. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. 12. SEVERABILITY In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 13. ENTIRE AGREEMENT It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and City relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. SCOTT COUNTY BY: Barbara Marschall, Chair of the Board DATE: ATTEST: David J. Unmacht, County Administrator APPROVED AS TO FORM AND EXECUTIION: Pat Cilberto Scott County Attorney DATE: CITY OF PRIOR LAKE BY: Jack Haugen, Mayor BY: Frank Boyles, City Manager DATE: ESTIMATED MONTHLY EXPENSES ESTIMATED MONTHLY COSTS Reservations 25 hours per week at $14.00/hour Drivers 2 part time drivers at $12.85 per hour, 65 hours per week Phones Line Cell Insurance Worker's Compensation Insurance (3 employees at $150.00 each) Vehicle Insurance Vehicle Vehicle Maintenance Fuel Dispatchers/Reports/Scheduling, etc. Part time Dispatcher at $14.50 per hour, 8 hours per week Attachment A $ 1,400.00 $ 3,341.00 $ 50.00 $ 39.00 $ 450.00 $ 85.00 $ 350.00 $ 255.00 $ 337.00 $ 464.00 Total $ 6771.00 Attachment B FARES $1.00 Fare (Laker Lines Circulator Local Only within Prior Lake) Transfers will be accepted, documented and the information will be relayed to City for their own billing practices.