HomeMy WebLinkAbout2002-R-03RESOLUTION NO. O2.R- ,_~
A RESOLUTION APPROVING AND RATIFYING AMENDMENT TO
AGREEMENT FOR THE CONTRACT OPERATIONS OF THE CITY OF
JEFFERSONVILLE, INDIANA WASTEWATER SYSTEM
WHEREAS, on April 25, 1994 the City of Jeffersonville, Indiana (hereinafter "the
City") by and through its Board of Public Works and Safety entered into an agreement
for contract operations of the City of Jeffersonville Wastewater System with
Environmental Management Corporation (hereinafter "EMC") engaging EMC as an
independent contractor to operate and maintain the City's Wastewater Treatment System
(the "Agreement"); and
WHEREAS, the original tean of the Agreement was five (5) years; and
WHEREAS, on April 1, 1996 the Jeffersonville Common Council (the "Council")
passed a Resolution adopting the provisions of IC 36-1 - 14.3 - 1, et seq. concerning Public-
Private Agreements, which statutes require the approval of the Council for any Contract
for operation, maintenance, repair or management of a public facility that has a term in
excess of five (5) years;
WHEREAS, on March 25, 1996, the City acting through its Board of Public Works and
Safety entered into an amendment to the Agreement providing for a reduced scope of
services, reduced payments to EMC, and an original term of seven (7) years; and
WHEREAS, on April 1, 1996, the Council approved and ratified the March 25, 1996
amendment; and
WHEREAS, in 1997, the Indiana General Assambly repealed the provisions of IC 36-1-
14.3-1, et seq. and replaced those provisions with IC 5-23-1, et seq., but the Council did
not subsequently adopt the provisions oflC 5-23-1, et seq. in order to make them
applicable to the City; and
WHEREAS, the Agreement was again amended on December 28, 1999, with the
consent of the Jeffersonville Board of Public Works and Safety, to change the scope of
services and extend the term of the Agreement; and
WHEREAS, the Agreement was again amended on September 1,2001, with the consent
of the Jeffersonville Sanitary Board, to change the scope of services; and
WHEREAS, the Jeffersonville Sanitary Board wishes to again amend the Agreement to
provide for the payment of longevity bonuses to be paid to former City employees who
continue to work for EMC at the Jeffersonville Wastewater Treatment Facility; and
WHEREAS, the need for this proposed amendment, providing for the payment of
longevity bonuses to former City employees now employed by EMC, arose from a
change in the City Salary Ordinance providing for the payment of longevity bonuses to
City employees and therefore the proposed amendment is in the nature of an amendment
to the Salary Ordinance which requires approval by the Common Council; and
WHEREAS, the Common Council believes that it is in the best interest of the City to
enter into this proposed amendment.
NOW THEREFORE, IT IS HEREBY RESOLVED that the Common Council of the
City of Jeffersonville does hereby approve and ratify the amendment to the Agreement
providing for the payment of longevity bonuses to be paid to former City employees who
continue to work for EMC at the Jeffersonville Wastewater Treatment Facility, which
proposed amendment is attached hereto as Exhibit A and incorporated by reference
herein.
Passed and adopted this day of December, 2001, by the Common
Council of the City of Jeffersonville, Clark County, Indiana.
Thomas R. Galligan, Mayor
Presiding Officer, Common Council
ATTEST:
Peggy Wilder
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville this
day of December 2001.
Peggy Wilder, Clerk-Treasurer
This Resolution approved and signed by me this
2001.
day of December
Thomas R. Galligan, Mayor
AMENDMENT TO AGREEMENT FOR CONTRACT OPERATIONS
OF THE CITY OF jEFFERSONVILLE
This Amendment with an effective date of to the Agreement
for Contract Operations of the City of Jeffersonville Wastewater System, dated December
28, 1999 ("Amendment") is between the City of Jeffersonvilte, an Indiana municipal
corporation located in Clark County, Indiana, (hereinafter "City"), and EMC of Indiana,
LLC, a Delaware limited liability corporation with its principal place of business at 101
N.W. First Street, Suite 118, Evansville, Indiana (hereinafter "EMC"):
RECITALS
wHEREAS, on Apri1 25, 1994 the City and EMC originally entered into an
Agreement for Contract Operations of the City of jeffersonville Wastewater System
(hereinafter,' Agreement ); and
WHEREAS, the Agreement was amended on March 25, 1996, December 28,
1999, and October 22, 2001; and
WHEREAS, the City and EMC now wish to again amend the Agreement to
provide longevity pay for former City employees who are now employed by EMC and
work at the jeffersonville Wastewater Treatment Facility.
NOW THEREFORE, the City and EMC hereby agree that the following
paragraph will be added to the Agreement in Section IV. COMPENSATION just prior to
the paragraph entitled "Retraining and Placement Component Compensation":
~,Longevity Compensatmn. Oa or before December 1, of each year, beginning with
, 2001, EME will pay a longevity bonus to those employees of EMC who: !) were
employees ~fthe City on April 25, 1994, and 2) continue to work at the Jeffersonville
Wastewater Treatment Facility, equal to $200 per year for each year the employee
worked for the City prior to 1994, but limited to $4,000.00 per employee. Within fifteen
(15) days after receiving certification of EMC payment of the longevity bonus as
required by the terms of this contract, the City will pay to EMC a sum equal to the
longewty bonu ·
IN WITNESS WHEREOF, the parties have executed this Amendment, this
_dayof_
__, 200__.
CITY OF JEFFERSONVILLE
By: -
Thomas R. Galligan, Mayor
ATTEST:
Peggy Wilder, Clerk-Treasurer
EMC OF INDIANA, LLC
Jack J. Danks, Vice President