Loading...
HomeMy WebLinkAboutHam.Co. ClayTwp/Carmel ParksResolution No. CC-05-18-98-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARM~I. TO APPROVE AN INTERLOCAL COOPERATION AGREEMENT WHEREAS, the Cannel/Clay Board of Parks and R~creation (the "Carme, I/Clay Board") and the Hamilton County P.ark Board (the "County Board") desire to enter into an Interlocal Cooperation Agreement by which to d~velop simultaneously their respective real estate along or near the White River, such agr~ment attached her~o as Exhibit A; and WI~-REAS, the Indiana Code allows for such an agreement, the terms of which are approved by Resolution of the fiscal bodies of the parties thereto; and WHEREAS, the fiscal body of the Cannel/Clay Board is the City of Carmel Common Council and the Clay Township Board. NOW, THF.,KEI~ORE, BE IT RESOLVED by the Common Council of the City of Cannel as follows: That the attached Inte~ocal Cooperation Agreement is in the best imerests ,/,] ~ald E. Carter Bill~ ATTEST: Diana L. Cordray~ Presented by me to the Mayor of the City of Carmel, In~ana the/~y of /~ ,1998. "D~na L. Cordra~ Approv~1 by me, Mayor of the City of Carroll, I. ndia.,aa, this / f.-,,y of ATTEST: Diana L. Cor Resolution No. 5-12-98~04 A RESOLUTION OF THE CARMEL/CLAY BOARD OF PARKS AND RECREATION WHEREAS, the Carrnel/Clay Board of Parks and Recreation (the "Carreel/Clay Board") and the Hamilton County Park Board (the "County Board") deftre to enter into an Interlocal Cooperation Agreement by which to develop simultaneously their respective real estate along or near the White River, such agreement attached hereto as Exhibit A; and WHEREAS, the Indiana Code allows for such an agreement, the terrors of which are approved by Resolution of the fiscal bodies of the parties thereto; and WHEREAS, the fiscal body of the Carreel/Clay Board is the City of Carmel Common Council and the Clay Township Board. NOW, THEREFORE, BE IT RESOLVED by the Carreel/Clay Board of Parks and Recreation as follows: T..ht the Board hereby determines that it is in the best interest of the c~nzens of the Cannel/Clay community that the attached Interlocal Cooperation Agreement be executed and presented to the City of Carmel Common Council and to the Clay Township Board as soon as possible so that ~e Cannel/Clay Board and the County Board may proceed as soon as Approved and Adopted this ¢ day of -- ~ 1998. CARMEIJCLAy BOARD OF PARKS & RECREATION BY: ludy Hagan, President WiIliara Merr//l""""' Bruce Heldt ~ David Car~"""""" tephen Backer x Robert S. Interlocal ~C~operation Agreement HAMILTON COUNTY PARK BOARD CAILMEL/CLAY BOARD OF PARKS AND RECREATION RIVER TRAIL MAY 18, 1998 INTERLOCAL COOPERATION AGREEMENT TO DEVELOP TIff,, RIVER TRAIL This Agreement is made and entered into pursuant to Indiana Code Section 36-1-7 et seq., entitled "Interlocal Cooperation" on the dates set out herein by and between the HAMILTON COUNTY DEPARTMENT OF PARKS AND RECREATION by and through its Board of Directors with its principal office at 15513 South Union Street, Carmel, Indiana 46033 (the "County Board"), and ~ CARMEL/CLAY BOARD OF PARKS AND RECREATION with its principal office at 1055 3rd Avenue S.W., Carmel Indiana, (the "Cannel/Clay Board") and sometunes, the County Board and the Cannel/Clay Board are collectively here'mafier referred to as the "Boards"). WITNESSETH: WHEREAS, the Carmel/CIay Board has full power and authority to administer a parks and recreation program as se~ forth in that particular agreement entified "PARK JOINDER AGREEMENT UNDER INTERLOCAL COOPERATION ACT BETWEEN THE CITY OF CARMEL, INDIANA, AND THE TRUSTEE OF CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA" dated july 24, 1991; and WHEREAS, the County Board has full power and authority to administer a parks and recreation program as set forth in the Indiana Code; and WHEREAS, the Carmel/Clay Board has acquired approximately 14.24 acres of real estate located on the east side of River Road, the southern boundary of which is located approximately Three Hundred (300) feet south of Bethel Morris Trace with its northern boundary located approximately at Rail Timber Trail on the east side of River Road in Clay Township, Indiana, (the "River Trail"); and WHEREAS, the southern boundary line of the River Trail is the nonhem boundary line of real estate owned and controlled by the County Board located on the east side of River Road with its southern boundary located approximately Twelve Hundred (1200) feet south of 126m Street (the "River Road Park"); and WHEREAS, the Carmel/Clay Board has determined that it needs landscaping and civil engineering design services as well as construction development sen, ices to assist it in developing the River Trail; end WHEREAS, the County Board has determined that it needs lendscaping end civil engineering design services as well as construction development services to assist it in developing the River Road Park; end WHEREAS, the Carreel/Clay Board end the County Board agree that it would be in the best interests of their respective communities to coordinate the development of the River Trail end the River Road Park (sometimes, collectively the "Joim River Park"); end WHEREAS, the Boards have secured adequate funding for their respective portions of the Joint River Park; end WHEREAS, the Boards have each contracted with Americen Consult'mS Engineers to design the development of the Joint River Park; end WHEREAS, the Boards are desirous of entering imo en agreement whereby the Cannel/Clay Board will be the project manager of the construction phase of the Joint River Park; end WHEREAS, Indiena Code Section 36-1-7 is applicable to an agreement whereby the Boards coord'mate the development of the Joint River Park. NOW, THEREFORE, in consideration of the premises end the mutually dependent covenants herein contained, the Cannel/Clay Board end the County Board agree as follows: SECTION I. JOINT RIVER PARK PLANS. The Joint River Park Plans as set forth in the construction drawings prepared by Americen Consulting Engineers entitled "Project ~98-01 River Trail" end dated April, 1998, as mendad, are hereby accepted as the plens by which the Joint River Park is to be developed end are on file at the office of each of the Boards (the "Plens"). SECTION II. METHOD OF COORDINATION. 1. PROJECT MANAGER. The Carmet/Clay Board shall be the project manager end lead agency, on its behalf end on behalf of the County Board as set forth herein. For purposes of the construction bid for the development of the Joint River Park (the "Project"), both Boards shall be considered the Owner of their respective parcels of property. 2. PROJECT MANAGER DUTIES. The Carmet/Clay Board shall perform the Following duties: COMMON CONSTRUCTION WAGE DETERMINATION. The Cannel/Clay Board shall, as the awarding agency, cause the common construction wages to be determined for the Project in accordance with IC 5-16-7, et.seq. BID SPECIFICATIONS. The Carmel/Clay Board shall, with the assistance and input of the County Board representatives, cause the bid specifications to be created and bound in a Project Manual and legally noticed for the construction phase of the Project. c. MANDATORY PRE-BID CONFERENCE. The Cannel/Clay Board shall hold a mandatory pre-bid conference at which the County Board is represented. BID RECEIPTS. The Cannel/Clay Board shall accept delivery of all bids on the Project and the bids shall be opened at the Cannel/Clay Board's May 12, 1998 regular meeting, copies of which shall be delivered to the representative of the County Board. BID AWARD. The Cannel/Clay Board shall either, in a joint meeting of the Boards on May 26, 1998 or, by personal appearance, or written letter delivered to it by, the County Board's representative, award the bid on the Project in the manner so designated by the County Board or, if the Carmet/Clay Board does not agree with such designation, each Board shall make separate awards to one or more bidders on all or part of their respective parcels of property, or reject all or part of any bid. Only that portion of the Work that is awarded by each of the Boards will be defined in the final Contract Documents of the Project Manual. f.. MONITORING. The Cannel/Clay Board shall monitor the construction of the Project and keep the County Board informed through its representative. g. CHANGE ORDERS. No change orders will be approved without the prior written approval of each of the Board' s respective Contact Persons as identified in Section IV. SECTION III COSTS AND FUNDING; DELEGATION OF MONETARY ACCOUNTING. 1. CARMEUCLAY. The projected costs associated with the development of the River Road Park and for which the Cannel/Clay Board is responsible is estimated to be $One Hundred Fifty Thousand Dollars ($150,000.00), (the "Cannel/Clay Projected Costs"). The funds for this portion of the Project are to come from the Recreation Fund. 2. COUNTY. The projected costs associated with the development of the River Trail and for which the County Board is responsible is estimated to be Two Hundred Thousand Dollars ($200,000.00), (the "County's Projected Costs"). The funds for this portion of the Project are from the appropriation by the Hamilton County Council. 3. DELEGATION OF MONETARY ACCOUNTING. The Boards hereby delegate to the fiscal officer of the Cannel/Clay Board, the duty to receive, disburse, and account for all monies associated with the cost of the Project. If the Project is not completed and/or monies remain after all costs of the Project are paid, all such monies shall return to and shall be immediately deposited in the fund(s) from which they originated. 4. TRANSFER OF FUNDS. Upon approval of this Agreement by all appropriate parties, and after award of the Bid in accordance with the County Board' s designation, the County Board shall take all necessary steps to transfer to the Clay Township Trustee the County's Projected Costs as so determined pursuant to the accepted bid and, likewise with the acceptance and approval of any change orders by both Boards. SECTION IV CONTACT PERSON. 1. For purposes of this Agreement, the Director of the Cannel/Clay Departrnem of Parks and Recreation shall be the Cannel/Clay Board's Contact Person unless otherwise determined. 2. For purposes of this Agreement, the Superintendent of the Hamilton County Department of Parks and Recreation shall be the County Board' s Contact Person unless otherwise determined. SECTION V RECORDATION. After all applicable approvals, the Cannel/Clay Board shall cause this Agreement to be recorded in the Hamilton County Recorder's Office and filed with the state board of accounts and shall not be deemed enforceable and binding until the same is so recorded and so filed. SECTION VI TERMINATION. The obligations of this Agreement shall survive completion of the construction as set forth on the Plans as amended from time to time anticipated to be less than one (1) year from the Effective Date. Should either Board award the Bids separately for the development on their respective property, then either Board shall have the oppommity to terminate this Agreement by written notice to the other at the addresses set forth above. If terminated by written notice, termination shall be effective within five (5) business days of receipt thereof SECTION VII MEDIATION. Both parties agree to attempt to mediate any dispute under this Agreement pursuant to the Indiana Rules of Alternative Dispute Resolution prior to initiating any legal action. SECTION VIII EFFECTIVE DATE. The Effective Date of this Agreement shall be that date on which the last of the paxties hereto approves and executes this Agreement and all approvals, filing and recordations are completed in compliance with the terms hereof and applicable Indiana law, SECTION IX SUCCESSORS AND ASSIGNS. INSOFAR AS authorized by law, this Agreement shall be binding upon the parties end their successors or assignees. IN WITNESS WHEREOF, the parties have executed this Agreement. HAMILTON COUNTY PARK CARMEL/CLAY BOARD OF PARKS AND BOARD RECREATION Andrew T. Pinther, President Errfie Millikan hdy Hagan, President Thomas F. McKenna Larry Roudebush John B. South Steve Cook William Merrill Robert F. Campbell Philip Shelby Susan Peterson Lester Fleenet Robert S. Modisett Dave Carter Allen W. Patterson Bruce Heldt Stephen Backer Ibis instrumem was prepared by Debra M. Grisham, Attorney at Law, 11711 North Meridian Street, Carmel, Indiana 46032. ~v~Trailparm~A~X ACKNOWLEDGMENT STATE OF INDIANA SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared · and of the Hamilton County Park Board, and acknowledged the execution of the foregoing Agreement. Witness my hand and Notaxial Seal this My Commission Expires: Printed Notary Public Residing in day of Signature 1998. County, State of Lndiana ACKNOWLEDGMENT STATE OF INDIANA SS: COUNTY OF Before me, a Notary Pubfie in and for said County and State, personally appeared, , and of the Cannel/Clay Board of Parks and Recreation, and acknowledged the execution of the foregoing Agreement. Wimess my hand and Notarial Seal this day of 1998. My Commission Expires: Signature Primed Notary Public Residing in County, State of Lndiana DEBRA M. GRISHAM ATTORNEY AT LAW 11711 NORTH MERIDIAN STREET, SUrf H, 200 CARMEL, INDIANA 46032 TELEPHONE: 317/843-5511 IELEFAX: 317/843-5514 May 19, 1998 Diana L. Cordray Clerk Treasurer City of Carmel One Civic Square Carreel, Indiana 46032 Carreel/Clay Board of Parks & Recreation Interlocal Cooperation Agreement: The River Trail Dear Diana: Enclosed for insertion into the Exhibit A tex~ (the Interlocal Cooperation Ageement), attached to Resolution 05-18-98-02, passed by the Common Council last night, are pages 1, 3 and 4, together with a complete copy of Exhibit A. Please provide as soon as possible a copy of the complete and fully executed Resolution so that I can distribute a copy to all appropriate people. Debra M. Grisham Enclosure cc: Judy Hagan Douglas C. Haney, Esq. Cos~ayllrlnterio~al MEMORANDUM TO: FROM: RE: DATE: Judy Hagen Douglas C. Haney,/C~ttomey Interlocal Cooperation Agreement~ May18,1998 Per discussion with Debra Grisham earlier this evening, I have agreed to recommend to the Common Council that Section III, Paragraph 3, of the Interlocal Cooperation Agreement entitled "Delegation Of Monetary Accounting" be amended to read as follows: "3. DELEGATION Of MONETARY ACCOUNTING. The Boards hereby delegate to the fiscal officer of the Carmel/Clay Board, the duty to receive, disburse, and account for all monies associated with the cost of the Project. If the Project is not completed and/or monies remain after all costs of the Project are paid, all such monies shall return to and shall be immediately deposited in the fund(s) from which they originated." Deb will make the above changes to the original Agreement language and get them to Diana Cordray for insertion in the text tomorrow. /eb cc: Common Council Mayor Brainard Deb Grisham To: Mayor Brainard, Clay Township Trustee Hensel, Members of the Common Council of the City of C, armel, Indiana, Members of the Clay Township Board From: Debra Grisham, Attome~y for the Carmel-Clay Board of parks & Recreation Date: May 12, 1998 Re: Common Council Resolution CC-05-18-98-02; Township Resolution ; Interlocal Cooperation Agreement to Develop the River Trail Attached for your review and consideration at your upcoming May meetings are virtually identical resolutions. As the fiscal bodies of the Carmel/Clay Board of Parks and Recreation, the Park Board would appreciate your approval and acknowledgment of their negotiated agreement with the Hamilton County Park Department to improve simultaneously their respective potions of the River Trail along the White River. You are welcome to stop by the Park Depamnent' s office to see the development plans. If stopping by the Park office is not convenient for you, please call Randy Auler so that he may arrange to answer questions or otherwise get information to you. Alternatively, the plans and a representative of the Park Board'will be at your meetings. Call me with que~ions. Members of the Cannel/Clay Board of parks and Recreation Randy Auler Deborah Farmer Douglas Haney