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Home My WebLink AboutCC-05-18-98-02 Interlocal/ParksResolution No. CC-05-18-98-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL TO APPROVE AN INTERLOCAL COOPERATION AGREEMENT t WHEREAS, the Cannel/Clay Board of Parks and Recreation (the "Carmet/Clay Board") and the Hamilton County P.arkBoard (the "County Board") desire 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 terms of which are approved by Resolution of the fiscal bodies of the parties thereto; and WHEREAS, the fiscal body of the Carmet/Clay Board is the City of Cannel Common Council and the Clay Township Board. NOW, THF-REFORE, BE IT RESOLVED by the Common Council of the City of Carreel as follows: That the attached Interlocal Cooperation Agreement is in the best interests , ~d~f~re~, Presid~ Coco? Co~?a ATTEST: Diana L. Cordray, Clerk-Tre~~~er Presented by me to the Mayor of the City of Carreel, Indiana the/'~ day of ,/~ ~ ,1998. anaL. C'ordray,~~~~Cl~-' · Di . , Approved by me, Mayor of the City of Carreel, Indiana, this / ~"day of ,/~x?, ,1998. ~ Brainard, ~4a;or~ ' ~l ATTEST: Diana L. Cordr~~~ Interlocal ~C~operation Agreement RIVER TRAIL HAMILTON COUNTY PARK BOARD CARMEL/CLAY BOARD OF PARKS AND RECREATION RIVER TRAIL MAY 18, 1998 INTERLOCAL COOPERATION AGREEMENT TO DEVELOP THE 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, Camel, Indiana 46033 (the "County Board"), and THE CARMEL/CLAY BOARD OF PARKS AND RECREATION with its principal office at 1055 3rd Avenue S.W., Camel Indiana, (the "Carmel/Clay Board") and sometimes, the County Board and the Carmel/Clay Board are collectively hereinaRer referred to as the "Boards"). WITNESSETH: WHEREAS, the Carmel/Clay Board has full power and authority to administer a parks and recreation program as set forth in that particular agreement entitled "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 northern 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 126th Street (the "River Road Park"); and WHEREAS, the Cannel/Clay Board has determined that it needs landscaping and civil engineering design services as well as construction development services to assist it in developing the River Trail; and WHEREAS, the County Board has determined that it needs landscaping and civil engineering design services as well as construction development services to assist it in developing the River Road Park; and WHEREAS, the Carmel/Clay Board and the County Board agree that it would be in the best interests of their respective communities to coordinate the development of the River Trail and the River Road Park (sometimes, collectively the "Joint River Park"); and WHEREAS, the Boards have secured adequate funding for their respective portions of the Joint River Park; and WHEREAS, the Boards have each contracted with American Consulting Engineers to design the development of the Joint River Park; and WHEREAS, the Boards are desirous of entering into an agreement whereby the Cannel/Clay Board will be the project manager of the construction phase of the Joint River Park; and WHEREAS, Indiana Code Section 36-1-7 is applicable to an agreement whereby the Boards coordinate the development of the Joint River Park. NOW, THEREFORE, in consideration of the premises and the mutually dependent covenants herein contained, the Cannel/Clay Board and 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 American Consulting Engineers entitled "Project #98-01 River Trail" and dated April, 1998, as mended, are hereby accepted as the plans by which the Joint River Park is to be developed and are on file at the office of each of the Boards (the "Plans"). SECTION II. METHOD OF COORDINATION. 1. PROJECT MANAGER. The Carmet/Clay Board shall be the project manager and lead agency, on its behalf and on behalf of the County Board as set forth herein. For purposes of the construction bid for the development of the Joim 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 Carmel/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. bo 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 Carmel/Clay Board shall hold a mandatory pre-bid conference at which the County Board is represented. do BID RECEIPTS. The Cannel/Clay Board shall accept delivery of all bids on the Project and the bids shall be opened at the Carmet/Clay Board' s May 12, 1998 regular meeting, copies of which shall be delivered to the representative of the County Board. e, 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 Cannel/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. CARMEL/CLAY. The projected costs associated with the development of the River Road Park and for which the Carmet/Clay Board is responsible is estimated to be $One Hundred Fifty Thousand Dollars ($150,000.00), (the "Carmet/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 Carmel/Clay Department of Parks and Recreation shall be the Carreel/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 Carreel/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 opportunity 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 parties 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 and their successors or assignees. IN WITNESS WHEREOF, the parties have executed this Agreement. HAMILTON COUNTY PARK BOARD CARMEL/CLAY BOARD OF PARKS AND RECREATION Andrew T. Prather, President Judy Hagan, President Ernie Millikan Thomas F. McKenna Larry Roudebush Steve Cook John B. South William Merrill Robert F. Campbell Lester Fleener Philip Shelby Robert S. Modisett Susan Peterson Dave Carter Allen W. Patterson Bruce Heldt Stephen Backer This instrument was prepared by Debra M. Grisham, Attorney at Law, 11 711 North Meridian Street, Carmel, Indiana 46032. Riv~rTrailpartnerAgmt ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF SS: 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 Notarial Seal this day of 1998. My Commission Expires: Signature Primed Notary Public Residing in County, State of Indiana ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF SS: Before me, a Notary Public 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. Witness my hand and Notarial Seal this day of 1998. My Commission Expires: Signature Primed Notary Public Residing in County, State of Indiana DEBRA M. GRISHAM ATTORNEY AT LAW 11711 NORTH MERIDIAN STREET, SUITE 200 CARMEL, INDIANA 46032 TELEPHONE: 3 17/843-5511 TELEFAX: 3 17/843-5514 May 19, 1998 Diana L. Cordray Clerk Treasurer City of Carmel One Civic Square Carmel, Indiana 46032 Re: Carmel/Clay Board of Parks & Recreation Interlocal Cooperation Agreement: The River Trail Dear Diana: Enclosed for insertion into the Exhibit A text (the Interlocal Cooperation Agreement), 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. Cordrayltrlnterlocal