HomeMy WebLinkAboutD-2092-12 WITHDRAWN Interlocal Agreement with INDOT Landscape MaintenanceORDINANCE D- 2092 -12
SPONSOR(S): Councilor Rider
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, IN i ANA.
APPROVING AND ADOPTING AN INTERLOCAL AGREEMENT
�Z
WHEREAS, Indiana Code Chapter 36 -1 -7 authorizes cooperative endeavors between
governmental entities so as to better and more economically and efficiently se+ri the public safety and
welfare; and
WHEREAS, Indiana Code Section 36 -1 -7 -2 authorizes the Com ion Council of the City of
Carmel, Indiana (the "Common Council ") to approve such interlocal agr /ements entered into by the City
of Carmel, Indiana (the "City "); and
WHEREAS, the interlocal agreement entered into \b aid between the City and the Indiana
Department of Transportation ( "INDOT ") pertaining to a La escape Maintenance Agreement, a copy of
which agreement is attached hereto and incorporated her /Exhibit A (the "Interlocal Agreement "), is
in the best interests of the City and its residents. \
NOW, THEREFORE, BE IT ORDAIl4, 'y the Common Council of the City of Carmel,
orate
Indiana, as follows:
Section 1. The foregoing Recitals e\inc rp d herein by this reference.
Section 2. The Interlocal /),greeTh- t should be and is hereby approved and adopted by the
Common Council.
Section 3. The Clerk -
the Hamilton County Recorder
Indiana Code 36- 1 -7 -6.
is hereby directed to file a copy of the Interlocal Agreement with
State Board of Accounts within the time periods established by
Section 4. Th. C)' : ance shall be in full force and effect from and after its passage and signing
by the Mayor and such o ication as is required by law.
PASSED by e Common Council of the City of Carmel, Indiana, this day of
, 2012 •y a vote of ayes and nays.
Page One . ' Two Pages
This Ordinance was prepared by Douglas C. Haney, Cannel City Attorney, on 5/9/12 at 9:38 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
SPONSOR(S): Councilor Rider
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Kevin D. Rider
Richard L. Sharp, President Pro Tempore Carol Schleif
Ronald E. Carter W. Eric Seidensticker
Sue Finkam Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of
2012, at .M.
Diana L. Cordray, IAMC, Clerk - Treasurer
Approved by me, the Mayor of the City of Carmel, Indiana, this day of
2012, at .M.
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Ordinance D- 2092 -12
Page Two of Two Pages
James Brainard, Mayor
This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on 5/9/12 at 9:38 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
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LANDSCAPE MAINTENANCE AGREEMENT
EDS # A249 -12- 320594
This Maintenance Agreement ( "AGREEMENT ") is entered into this day of
, 2012, by and between the City of Carmel ( "CITY ") and the
Indiana Department of Transportation ( "INDOT ") (and collectively referred to as "PARTIES ")
with this particular agreement referring to the specific landscape maintenance of the US31
corridor in Hamilton County from the Monon Trail crossing to 146th Street.
WITNESSETH:
WHEREAS, the Parties have previously contracted to install certain landscaping within
the US31 corridor in Hamilton County from the Monon Trail crossing to 146th Street (as is more
particularly definedon Exhibit "A ", attached hereto and incorporated herein by reference ( "The
Landscaping "); and
WHEREAS, the Parties desire to delineate certain maintenance responsibilities related to
the Landscaping, (as shown on Exhibit "A "); and
WHEREAS, it is of mutual interest for INDOT and CITY to cooperate in providing
highway improvements for the convenience of the public.
NOW THEREFORE, the parties to this AGREEMENT set forth the following terms and
conditions:
Section 1. INDOT will grant permission to CITY to install future Landscaping at the
locations shown on the attached Exhibit "A ".
Section 2. CITY will be responsible for all necessary maintenance of said
Landscaping at all times, including but not limited to: mowing, and pruning/trimming, and snow
removal, as further explained below.
Section 3. When performing work in INDOT Right -of -Way, CITY shall at all times
adhere to the traffic control measures found in the most recent publishedversion of the Indiana
Manual on Uniform Traffic Control Devices.
Section 4. CITY agrees to and shall hold INDOT, its officials and employees
harmless from liability, loss, damage, injuries, or other casualties of whatever kind, or by whom -
so -ever caused, due to the performance of any of the obligations under this Agreement which is
caused by or arises from the negligence of CITY.
Section 5. INDOT grants the CITY, its contractors and subcontractors
permission to enter upon INDOT right of way for the sole purpose of installing and maintaining
the Landscaping. The City shall notify INDOT of its intent to perform work pursuant to this
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Agreement a minimum of five (5) business days before commencing work. For interstate and
limited access facilities, INDOT must grant written permission for right of entry, which it shall
not unreasonably withhold upon the submittal of a specific traffic control and /or worker safety
plan.
Section 6.
A. The City shall send the District Permit Manager a maintenance plan every year
for approval on or before January 1 of each year. The maintenance plan shall
identify the types of Landscaping maintenance activities to be completed and an
estimated schedule of when these activities will occur.
B. All Landscaping shall have maintenance performed on it a minimum of four (4)
times per year. This maintenance shall include mowing and the removal of
noxious weeds or undesirable plants. Any shrub trimming or tree pruning should
be completed at the proper time recommended for the species.
C. Any grassy area of the Landscaping shall be mowed at least three times per year.
All litter pick -ups shall be done prior to such mowing.
D. The Landscaping (excluding no mow" areas) that is between an entrance or exit
ramp and the mainline portion of a highway shall have the entire grass area
mowed at least three times per year. All litter pick -ups shall be done prior to such
mowing. Minimum areas to mow are (depending on landscape location) are as
follows and are more particularly detailed in Exhibit B, attached hereto and
incorporated by this reference:
1. Infield area bounded by an entrance or exit ramp, the cross road and the
mainline portion of a highway.
2. Outfield area bounded by an entrance or exit ramp, the cross road, the mainline
portion and the right of way of a highway.
3. Entire Island area, this includes both US31 and Keystone Avenue /SR431.
4. 500 ft. beyond the landscaped area, both ways, between the right of way and
the mainline highway. This includes both sides of an intersecting roadway. This
also includes both side of US3land Keystone Avenue /SR38, and the south side of
146th Street.
E. The Landscaping shall be removed by the CITY if INDOT determines that the
CITY is not adequately maintaining it or for any other justified reason (i.e. safety,
change in policy etc). INDOT will provide ninety (90) days advance notice that
the landscaping should be removed. If the Landscaping is not removed or
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modified to INDOT's approval within that 90 day period, INDOT will remove the
Landscaping at the CITY's expense.
General Provisions.
Access to Records. CITY will maintain all documents, records and other evidence
pertaining to the project and shall make such materials available at their respective
offices at all reasonable times under the Agreement.
Certification for Federal -Aid Contracts Lobbying Activities. CITY certifies, by
signing and submitting this Agreement, to the best of its knowledge and belief, that CITY
has complied with Section 1352, Title 31, U.S. Code, and specifically, that:
A. No federally appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or- employee of any Federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal Contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
B. If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, (Disclosure Form to Report Lobbying), in accordance with its
instructions.
C. CITY also agrees by signing this Agreement that it shall require that the language
of this certification be included in all lower tier sub contracts, if any, which exceed
$100,000, and that all such sub recipients shall certify and disclose accordingly.
Any person who fails to sign or file this required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each failure.
Compliance with Laws.
A. CITY shall comply with all applicable Federal, State and Local laws, rules,
regulations and ordinances, and all provisions required thereby to be included
herein are hereby incorporated by reference. The enactment of any State or
Federal statute or the promulgation of regulations there under, after execution of
this Agreement shall be reviewed by INDOT and CITY to determine whether the
provisions of this Agreement require formal modification.
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B. CITY and its agents shall abide by all ethical requirements that apply to persons
who have a business relationship with the State, as set forth in Indiana Code § 4-
2-6, et seq., Indiana Code § 4 -2 -7, et. seq., the regulations promulgated there
under, and Executive Order 05 -12, dated January 12, 2005. If CITY is not
familiar with these ethical requirements, CITY should refer any questions to the
Indiana State Ethics Commission, or visit the Indiana State Ethics Commission
website at «http: / /www.in.gov /ethics / » >. If CITY or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this
Agreement immediately upon notice to CITY. In addition, CITY may be subject
to penalties under Indiana Code §§ 4 -2 -6 and 4 -2 -7, and under any other
applicable State or Federal laws.
C. CITY represents and warrants that CITY and its subcontractors, if any, shall
obtain and maintain all required permits, licenses, registrations and approvals, as
well as comply with all health, safety, and environmental statutes, rules, or
regulations in the performance of work activities for INDOT. Failure to do so
may be deemed a material breach of this Agreement and grounds for termination
and denial of further work with the State.
D. As required by IC 5- 22 -3 -7: (1) CITY and any officials of CITY certify that (A)
CITY, except for de minimis and nonsystematic violations, has not violated the
terms of (i) IC 24 -4.7 [Telephone Solicitation Of Consumers], (ii) IC 24 -5 -12
[Telephone Solicitations], or (iii) IC 24 -5 -14 [Regulation of Automatic Dialing
Machines] in the previous three hundred sixty -five (365) days, even if IC 24 -4.7
is preempted by Federal law; and (B) CITY will not violate the terms of IC 24 -4.7
for the duration of the Agreement, even if IC 24 -4.7 is preempted by Federal law.
(2) CITY and any officials of CITY certify that an affiliate or official of CITY
and any agent acting on behalf of CITY or on behalf of an affiliate or official of
CITY: (A) except for de minimis and nonsystematic violations, has not violated
the terms of IC 24 -4.7 in the previous three hundred sixty -five (365) days, even if
IC 24 -4.7 is preempted by Federal law; and (B) will not violate the terms of
IC 24 -4.7 for the duration of the Contract, even if IC 24 -4.7 is preempted by
Federal law.
Conflict of Interest.
A. As used in this section:
"Immediate family" means the spouse and the unemancipated children of an
individual.
"Interested party," means:
1. The individual executing a contract pursuant to this Agreement;
2. An individual who has an interest of three percent (3 %) or more of CITY's
contractor, if the contractor is not an individual; or
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3. Any member of the immediate family of an individual specified under
subdivision 1 or 2.
"Commission" means the State Ethics Cormmission.
B. INDOT may cancel this Agreement without recourse by CITY if any interested
party is an employee of the State of Indiana.
C. INDOT will not exercise its right of cancellation under section B, above, if CITY
gives INDOT an opinion by the Commission indicating that the existence of this
Agreement and the employment by the State of the interested party does not
violate any statute or code relating to ethical conduct of State employees. INDOT
may take action, including cancellation of this Agreement consistent with an
opinion of the Commission obtained under this section.
D. CITY has an affirmative obligation under this Agreement to disclose to INDOT
when an interested party is or becomes an employee of INDOT. The obligation
under this section extends only to those facts that CITY knows or reasonably
could know.
Disputes.
A. Should any dispute arise with respect to the Agreement, CITY and the State agree
to act immediately to resolve such disputes. Time is of the essence in the
resolution of disputes.
B. CITY agrees that the existence of a dispute notwithstanding, it shall continue
without delay to carry out all of its responsibilities under this Agreement that are
not affected by the dispute. Should CITY fail to continue to perform its
responsibilities regarding all non - disputed work, without delay, any additional
costs incurred by the State or CITY as a result of such failure to proceed shall be
borne by CITY and CITY shall make no claim within ten (10) working days
following notification in writing by either party of the existence of a dispute, then
the following procedure shall apply:
1. The Parties agree to resolve such matters through submission of this
dispute to the Commissioner of the Indiana Department of Administration
(IDOA). The Commissioner shall reduce a decision to writing and mail or
otherwise furnish a copy thereof to CITY and INDOT within ten (10)
working days after presentation of such dispute for action. The
Commissioner's decision shall be final and conclusive unless either party
mails or otherwise furnishes to the Commissioner, within ten (10) working
days after receipt of the Commissioner's decision a written appeal. Within
ten (10) working days of receipt by the Commissioner of a written request
for appeal, the decision may be reconsidered. If no reconsideration or
mediation for the determination, or otherwise the dispute may be
submitted to an Indiana court of competent jurisdiction.
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2. The State may withhold payments on disputed items pending resolution of
the dispute. The unintentional nonpayment by the State to CITY of one or
more invoices not in dispute in accordance with the terms of this Contract
will not be cause for CITY to terminate this Agreement, and CITY may
not bring suit to collect these amounts without following the disputes
procedure contained herein.
Drug -Free Workplace Certification. CITY hereby covenants and agrees to make a
good faith effort to provide and maintain a drug -free workplace, and that it shall give
written notice to INDOT and the IDOA within ten (10) days after receiving actual notice
that an employee of CITY in the State of Indiana has been convicted of a criminal drug
violation occurring in CITY's workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of Agreement
payments, termination of the Agreements and/or debarment of contracting opportunities
with the State of Indiana for up to three (3) years.
In addition to the provisions of the above paragraphs, if the total Agreement amount set
forth in this Contract is in excess of $25,000.00, CITY hereby further agrees that this
Agreement is expressly subject to the terms, conditions and representations of the
following certification:
This certification is required by Executive Order No. 90 -5, April 12, 1990, issued
by the Governor of Indiana. Pursuant to its delegated authority, the IDOA is
requiring the inclusion of this certification in all contracts with and grants from
the State of Indiana in excess of $25,000.00. No award of a contract shall be
made, and no contract, purchase order or agreement, the total amount of which
exceeds $25,000.00, shall be valid, unless and until this certification has been
fully executed by CITY and made a part of the contract or agreement as part of
the contract documents.
CITY certifies and agrees it shall provide a drug -free workplace by:
A. Publishing and providing to all of its employees a statement notifying their
employees the unlawful manufacture, distribution, dispensing, possession or use
of a controlled substance is prohibited in CITY's workplace and specifying the
actions that will be taken against employees for violations of such prohibition;
and
B. Establishing a drug -free awareness program to inform their employees of (1) the
dangers of drug abuse in the workplace; (2) CITY's policy of maintaining a drug -
free workplace; (3) any available drug counseling, rehabilitation, and employee
assistance programs; and (4) the penalties which may be imposed upon an
employee for drug abuse violations occurring in the workplace.
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C. Notifying all employees in the statement required by subparagraph (A) above as a
condition of continued employment the employee shall (1) abide by the terms of
the statement; and (2) notify CITY of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such
conviction;
D. Notifying in writing the State within ten (10) days after receiving notice from an
employee under subdivision (B)(2) above, or otherwise receiving actual notice of
such conviction;
E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a
conviction, imposing the following sanctions or remedial measures on any
employee who is convicted of drug abuse violations occurring in the workplace:
(1) take appropriate personnel action against the employee, up to and including
termination; or (2) require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes by a
Federal, State or Local health, law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug -free workplace through the
implementation of subparagraphs (A) through (E) above.
Force Majeure. In the event either party is unable to perform any of its obligations under
this Agreement or to enjoy any of its benefits because of natural disaster or decrees of
governmental bodies not the fault of the affected party (hereinafter referred to as a Force
Majeure Event), the party who has been so affected shall immediately give notice to the
other party and shall do everything possible to resume performance. Upon receipt of such
notice, all obligations under this Agreement shall be immediately suspended. If the period
of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure
Event, the party whose ability to perform has not been so affected may, by giving written
notice, terminate this Agreement.
Funding Cancellation Clause. When the Director of the Budget Agency makes a
written determination that funds are not appropriated or otherwise available to support
continuation of the performance of this Agreement this Agreement shall be canceled. A
determination by the Budget Director that funds are not appropriated or otherwise
available to support continuation of performance shall be final and conclusive. I.C.5 -22-
17 -5.
Governing Laws. This Agreement shall be construed in accordance with and governed
by the laws of the State of Indiana and suit, if any, must be brought in the State of
Indiana.
Merger & Modification. This Agreement constitutes the entire agreement between the
parties. No understandings, agreements, or representations, oral or written, not specified
within this Agreement will be valid provisions of this Agreement. This Agreement may
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not be modified, supplemented or amended, in any manner, except by written agreement
signed by all necessary parties.
Non - Discrimination.
A. Pursuant to I.C. 22- 9 -1 -10 and the Civil Rights Act of 1964, CITY shall not
discriminate against any employee or applicant for employment, to be employed in
the performance of work under this Agreement, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related
to employment, because of race, color, religion, sex, disability, national origin,
ancestry or status as a veteran. Breach of this covenant may be regarded as a
material breach of this Agreement. Acceptance of this Agreement also signifies
compliance with applicable Federal laws, regulations, and executive orders
prohibiting discrimination in the provision of services based on race, color, national
origin, age, sex, disability or status as a veteran.
B. CITY understands that INDOT is a recipient of Federal Funds. Pursuant to that
understanding, CITY agrees that if CITY employs fifty (50) or more employees
and does at least $50,000.00 worth of business with the State and is not exempt;
CITY will comply with the affirmative action reporting requirements of 41 CFR
60 -1.7. CITY shall comply with Section 202 of executive order 11246, as
amended, 41 CFR 60 -250, and 41 CFR 60 -741, as amended, which are
incorporated herein by specific reference. Breach of this covenant may be regarded
as a material breach of Agreement.
It is the policy of INDOT to assure full compliance with Title VI of the Civil
Rights Act of 1964 and related statutes and regulations in all programs and
activities. Title VI and related statutes require that no person in the United States
shall on the grounds of race, color or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance. (INDOT's Title VI
enforcement shall include the following additional grounds: sex, ancestry, age,
religion and disability.) The following are examples of where this policy shall be
applied relative to the INDOT.
C. CITY shall not discriminate in its selection and retention of contractors, including
without limitation, those services retained for, or incidental to, construction,
planning, research, engineering, property management, and fee contracts and
other commitments with persons for services and expenses incidental to the
acquisitions of right -of -way.
D. CITY shall not modify the Project in such a manner as to require, on the basis of
race, color or national origin, the relocation of any persons. ( INDOT's Title VI
enforcement will include the following additional grounds; sex, ancestry, age,
religion and disability).
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E. CITY shall not modify the Project in such a manner as to deny reasonable access
to and use thereof to any persons on the basis of race, color or national origin.
( INDOT's Title VI enforcement will include the following additional grounds;
sex, ancestry, age, religion and disability.)
F. CITY shall neither allow discrimination by contractors in their selection and
retention of subcontractors, leasors and /or material suppliers, nor allow
discrimination by their subcontractors in their selection of subcontractors, leasors
or material suppliers, who participate in construction, right -of -way clearance and
related projects.
INDOT shall:
G. Take appropriate actions to correct any deficiency determined by itself and /or the
Federal Highway Administration ( "FHWA ") within a reasonable time period, not
to exceed ninety (90) days, in order to implement Title VI compliance in
accordance with INDOT's assurances and guidelines.
Payment. All payments made by INDOT, if any, shall be made in arrears in
conformance with State fiscal policies and procedures and, as required by IC 4 -13 -2 -14.8,
by electronic funds transfer to the financial institution designated by CITY in writing
unless a specific waiver has been obtained from the Indiana Auditor of State. No
payments will be made in advance of receipt of the goods or services that are the subject
of this Agreement except as permitted by IC 4- 13 -2 -20.
Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages,
interest, or attorney's fees, except as required by Indiana law in part, IC 5 -17 -5, I. C. 34-
54-8, and I. C. 34 -13 -1.
Severability. The invalidity of any section, subsection, clause or provision of the
Agreement shall not affect the validity of the remaining sections, subsections, clauses or
provisions of the agreement.
Status of Claims. CITY shall be responsible for keeping INDOT currently advised as to
the status of any claims made for damages against CITY resulting from services performed
under this Agreement. CITY shall send notice of claims related to work under this
agreement to:
Indiana Department of Transportation
32 South Broadway
Greenfield, Indiana 46140
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Notice.
Whenever any notice, statement or other communication is required under this
Agreement, it shall be sent to the following address, unless otherwise specifically
advised.
A. Notice to the State, regarding Agreement provisions shall be sent to:
Dwane Myers
Indiana Department of Transportation
32 South Broadway
Greenfield, Indiana 46140
B. Notice to CITY shall be sent to:
Mike McBride
City of Carmel
One Civic Square
Carmel, IN 46032 -7569
Debarment and Suspension. CITY certifies by entering into this
Agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from entering into this agreement by any federal agency or
department, agency or political subdivision of the State of Indiana.
Ethics. CITY shall abide by all ethical requirements that apply to
persons who have a business relationship with the State of Indiana, as
set forth in Indiana Code § 4 -2 -6 et seq., the regulations promulgated
thereunder, and Executive Order 04 -08, dated April 27, 2004. If CITY
is not familiar with these ethical requirements, the Town should refer
any questions to the Indiana State Ethics Commission, or visit the
Indiana State Ethics Commission website at
<http: / /www.in.gov /ethics / >. If CITY or its agents violate any
applicable ethical standards, the State may, in its sole discretion,
terminate this contract immediately upon notice to CITY. In addition,
CITY may be subject to penalties under Indiana Code § 4- 2 -6 -12.
Substantial Performance. This Agreement shall be deemed to have
been substantially performed only when fully performed according to
its terms and conditions and any modification thereof.
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Termination for Convenience.
This Agreement may be terminated, in whole or in part, by the State whenever, for any
reason, the State determines that such termination is in its best interest. Termination of
services shall be effected by delivery to the City of a Termination Notice at least thirty
(30) days prior to the termination effective date, specifying the extent to which
performance of services under such tennination becomes effective. The City shall be
compensated for services properly rendered prior to the effective date of termination.
The State will not be liable for services performed after the effective date of
tennination. The City shall be compensated for services herein provided but in no case
shall total payment made to the City exceed the original contract price or shall any
price increase be allowed on individual line items if canceled only in part prior to the
original termination date.
Termination for Default.
With the provision of thirty (30) days notice to the City, the State may terminate this
agreement in whole or in part if the City fails to:
Correct or cure any breach of this Agreement;
Deliver the supplies or perform the services within the time specified in this Agreement
or any extension;
Make progress so as to endanger performance of this Agreement or
Perform any of the other provisions of this Agreement.
If the State terminates this Agreement in whole or in part, it may acquire, under the terms
and in the manner the State considers appropriate, supplies or services similar to those
terminated, and the City will be liable to the State for any excess costs for those supplies
or services. However, the City shall continue the work not terminated.
The State shall pay the contract price for completed supplies delivered and services
accepted. The City and the State shall agree on the amount of payment for manufacturing
materials delivered and accepted and for the protection and preservation of the property.
Failure to agree will be a dispute under the Disputes clause. The State may withhold
from these amounts any sum the State determines to be necessary to protect the State
against loss because of outstanding liens or claims of former lien holders The rights and
remedies of the State in this clause are in addition to any other rights and remedies
provided by law or equity or under this Agreement.
Authorizations. Any person executing this Agreement in a
representative capacity hereby warrants that he /she has been duly
authorized by his /her principal to execute this Agreement on such
principal's behalf.
No Agency Relationship. Both Parties hereto, in the performance of
this Agreement, shall act in an individual capacity and not as agents,
employees, partners, joint ventures or associates of one another. The
employees or agents of one party shall not be deemed or construed to be
the employees or agents of the other party for any purposes whatsoever.
Neither party will assume liability for any injury (including death) to
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any persons, or damage to any property, arising out of the acts or
omissions of the agents, employees or subcontractors of the other party.
CITY shall be responsible for providing all necessary unemployment
and workers' compensation insurance for its employees.
REST OF THIS PAGE LEFT INTENTIONALY BLANK
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Non - Collusion
The undersigned attests, subject to the penalties for perjury, that he /she represents City or that
he /she is the properly authorized representative, agent, member or officer of City, that he /she has
not, nor has any other member, employee, representative, agent or officer of City directly or
indirectly, to the best of his /her knowledge, entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of
money or other consideration for the execution of this agreement other than that which appears
upon the face of this agreement. In Witness Whereof, City and the State of Indiana have, through
duly authorized representatives, entered into this agreement. The parties having read and
understand the forgoing terms of this agreement do by their respective signatures dated below
hereby agree to the terms thereof.
REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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Approved this day of /' a-e (/ I , 20
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
es Brainard, Presiding Officer
Date: 3 ` ? / - /
Mbry nn Burke Memb J/�
Dater/
Lori S. Wtso., Me/1137r
Date:
ATTEST:
ana Cordray, IMCA‘ erk- Treasurer
Date:
"INDOT't
STATE OF INDIANA acting through the
INDIANA DEPARTMENT OF
TRANSPORTATION
By:
Date:
By:
Date:
Brandye Hendrickson,
Greenfield District Deputy Commissioner
Michael B. Cline, Commissioner
STATE OF INDIANA
Department of Administration
Approved By:
Robert D. Wynkoop
Commissioner
Date:
STATE BUDGET AGENCY
Approved By:
Adam M. Horst,
Director
Date:
Approved as to Legality and Form:
(FOR)
Gregory F. Zoeller
Attorney General of Indiana
Date Approved:
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Attachment A — Diagrams of mowing /litter pickup limits — Interchanges
16
Attachment B Diagrams of mowing/litter pickup limits — Islands
CROSSOVER
a
CROSSOVER
f
1
17
Diagrams of mowing /litter pickup limits — Roadside
"ft.I
2;
17.5 1
a
t
a
18
Attachment A — Diagrams of mowing /litter pickup limits — Interchanges
16 Exhibit 4
Attachment B Diagrams of mowing /litter pickup limits — islands
ti
17
Exhait
6
Diagrams of mowing /litter pickup limits — Roadside
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