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HomeMy WebLinkAbout08-18-2004MINUTES OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF JEFFERSONVILLE, INDIANA AUGUST ~8, 2004 Mayor Waiz called the meeting to order at 9:30 a.m. and on call of the roll those members present were: Councilperson Sellers and City Engineer Miller. Also present were: Building Commissioner Segrav~s, Vehicle Maintenance Director Drury, Street Commissioner Ellis, Police Chief Ashabranner, Administrator Davis, Redevelopment Director Cahill, Animal Shelter Director Wilder, Personnel Director lCalabro, Planning and Zoning Director Padgett, City Attorney Merkley and Deputy Clerk Mayfield. Councilperson Sellers made the motion to approve the:minutes of 8-4-04 and 8-11-04 as presented, seconded by City Engineer Miller and carried unanimously. City Engineer Miller made the motion to approve the payroll, seconded by Conncilperson Sellers and carried unanimously. STREET SIGNS ON JONQUIL DRIVE Police Chief Ashabrarmer did not recommend that no parking signs be placed on Jonquil Drive. Engineer Miller made the motion to deny the s!gn request, seconded by Councilperson Sellers and carried unanimously. STREET CLOSURE Dave Huber of Vectren appeared before the Board to ~sk approval to close the street at 1301 W. 13th Street on Thursday, August 19, 2004 in order ~to do some excavation. Engineer Miller made the motion to approve closing the street at 1301 ~W. 13th Street, seconded by Councilperson Sellers and carried unanimously. NEIGHBORHOOD PROBLEM AT 1514 LYNNDALE DRIVE Cynthia Garrett appeared before the Board in regard t~ neighborhood problems. She said shots have been fired by her windows and there have b~een numerous break-ins by nearby apartment residents. She would like to have the cut ~ough between the apartments and Lynndale blocked off. Ms. Garrett presented a petition signed by the residents of Lynndale ~ ,Drive. Mayor Walz said he would speak with Fire C1/ief Miles in regard to blocking the cut thrOugh and take under advisement for one xveek. If tl3e cut-through were vacated it would 'have to be done by the City Council. STREET SWEEP AGREEMENT . it DOT on the street Engineer Miller made the motion to approve tl~e a~eement with IN sweeping in the mount of $1,500.00 per year, sec6nded by Councilperson Sellers and carried unanimously. CHERRY HILL RESIDENTS The residents of 1319 Main Street appeared before'the Board regarding drainage problems. They said they are lacking storm grates near their t/ome. Also the curb in front of their house has crumbled. The drainage board told them that c~'bs and gutters need to be put in first. Engineer Miller said he would go out and look at the problem and shoot some grades. COMMENTS: Persom~el Director Calabro reminded everyone of Be PERF meeting on Thursday at t:00 p.m. Personnel Director Calabro said Safety Meetings ~e scheduled for the first Wednesday of each month at 11:00 a.m. Personnel Director Calabro said she has received ~any calls from employees about the proposed increase in health insurance premiums. She said many employees would need government assistance if the rates go up dramatic~ly. Parks Director Poff said the Aquatic Center would! only be open on weekends from now until Labor Day.. Police Chief Ashabrarmer said Wal-Mart of New ~lbany called and offered to give away approximately 200 like new bicycles if the Police Department was willing to pick them up. Chief Ashabranner said his department and the Pa/f, ks Department picked up the bikes and has them stored. They plan to give them away at ChriStmas time. There bein~ no further discussion to come before the Board the motion was made by C~ty Engineer Miller to adjourn at 11:00 a.m., seconded by Councilperson Sellers and carried unanimous y. MAYOR ATTEST: CLERK W22*XSUP R '~ -'~-~ i ~ RQ #654RQ050117 This Contract, entered into by and between the Indiana Department 6f Tran'sportation (hereinafter referred to as "State") and the City or Town of JEFFERSONVILLE in CLARK County, Indiana (the "City") is e~ecute~ pursuant to the terms and conditions set forth herein. WHEREAS, the State is in need of sweeping services to keep state highways and curbs clean and free of dirt and debris; and WHEREAS, the City has the required sweeping capabilities. NOW THEREFORE, in consideration of the mutual convenants con ained:[erein the parties agree as follows: 1. Duties of City. The City agrees to perform all services ne~essar3 to keep the following described state roads, highways and curbs clean and free of dirt and debris (include road, location, curb miles, SR62/10x/~ ST RAMP-1.0 SR62/6TM ST RAMP--.6 R62/~oURT AVE RAMP-1.6 AND 1/65/COURT AVE RAMP--I.8 Total curb miles: 5.~0 The City agrees to d'spose of a 1 d'rt and debris collect~d in the cleaning process. All cleaning and disposal of dirt and debris . shall be to the reasonable satisfaction of the Indiana Depart~n_ ent ~f Transportation's District Director or his/her designee. The City shall take proper precaut OhS and be responsible for the safe performance of the work Covered by this Contract. Furthermore, the City agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances in the performance of its work under this Contract. b) Each location shal be c caned FOUR (4) times per ye~. c) The City shall be responsible for all liability duei to losi, damage, injuries, or other casualties to persons or property arising out of the work performed pursuant tO this Contract, whether due in whole or in part to the negligent acts or omissions of th, e City, its agents or employees, or other persons engaged in the performance o:f the v)ork, including any claims arising out of the Worker s Compensation Act. · 7 ~. 0 ~er curb mile per year, for a total of S 1500.00 per year. 2. Consideration. TheStateagreestopaytheCltyatarate?f$ . I The City shall submit an invoice for $375.00 to the State tach Q~ARTER ( quarter ) and the State sba pay the nvo ce in accordance with its regular fiscal procedures. When submitting each invoide the City shall certify that the service(s) has been provided. 3. Term. This Contract shall be effective for a period ofTWEL~ (1~ months. It shall commence on 09/01/04 or date of final State approval, whichever is later, and shall terminate on 08/31/I)5 or ~WELVE ~ months after date of final approval, whichever is later. This Contract may be canceled by either party by sending 'a lette~ of not ce to the other party at least thirty (30) days prior to the desired termination date. 4. Renewal Option. The State has the option to extend the length ~fthis Contract for an additional period of THREE (3_) successive TWELVE ~ month periods after the expiration of the 0riginal~ term, and subject to the same terms and conditions set forth in this Contract. Exerc se of th s opt on s at the so e discretion 0fthe S'tate and is not subject to agreement or acceptance by the City. Notice of renewal will be sent to the City at east th rty (30) days before th~ expiration date of this Contract. The term of the renewed Contract may not be longer than the term of the original Contract. : 5. Assignment. The City shall not assign or subcontract the whole or any part ofthls Contract without the State's prior written consent· 6. Funding Cancellation. When the Director of the State B~dget gency makes a written deterrmnation that funds are not appropriated or othet-.vise available to support continuation of performanc~ of th~s Contract, this Contract shall be canceled. A determination by the Budget D rector that funds are not appropriated or other~vise available to;support connnuat on of performance shall be final and conclusl e 7. Nondiscrimination. Pursuant to IC 22-9-I-10 and the Civil Rii~ats Act of 1964, City and its subcontractors shall not d~scnmlnate a~ainst any employee or applicant for employment in the performance 0~this contract. The City shall not discriminate w~th respect to the hire, tenure, terms, conditions or privileges of employment or ~ny mafter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin or ancestry. Breach of th'is covenant may be regarded as a material breach of contract. The City's execution of this Contract also signifies comp ance w th ~pplic~ble federal laws, regulations, and executive orders prohibiting discriminat on n the provision of services based on race kolor ~ational origin, age, sex, disability or status as a veteran. The City understands that the State is a recipient of federal fund:~. Pursuant to that understanding, the CiW and its subcontractor, if any, agree that if the City employs fifty (50) or more employe~s and iOoes at least $50,000.00 worth of business with the State and is not exempt, the C ty will comply w th the affirmative action reporting requb'~ments of 41 CFR 60-1.7. The 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 here n by specific reference. Breach of this covenant may be regarded as a matenaJ breach of this Contract. 1 July 14, 2004 i Notices to the State shall be sent to: INDOT/FALLS CITY SUB DISTRICT 5701 HIGHWAY 31 CLARKSVILLE, IN 47129 Notices to the City shall be sent to: CITY OF JEFFERSONVILLE/JEFF. ST DEPT. 6200 E. HIGHWAY 62, GATE Z, BOX A-t JEFFERSONVILLE, IN 47130 o~unicati0n is to be sent to the State or to the City, it shall be sent to the Payments to the City shall be sent to the address designed !1 by Form W-9 on file with the auditor of state which is: CITY OF JEFFERSONVILLE/JEFF ST. DEPT. 6200 E. HIGHWAY 62, GATE Z, BOX JEFFERSONVILLE, IN 47130 Signature of Mayor or Town Council President: Pritued Name: Title: Date: 9. Ethics Compliance. The City and its agents shall abide by all ethical requirements that appIy to persons who have a business relationship with the State, as set forth in Indiana Code {}4-2-6 et sea., the regul~.tions promulgated thereunder and Executive Order 04-08, dated April 27, 2004. If the City is not familiar with these ethical requirements~ the City should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website ht http://www, in.gov/ethics/. The City or its agents violate any applicable ethical standards, the State may, in its sole discretion, ter[ninate this contract immediately upon notice to the City. In addition, the City may be subject to penalties under Indiana Code §4-2-6-12.I 10. Due Authorization; Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she has been duly authorized by all necessary action, to sign this Contract on beh~If of the City. The undersigned further attests that he/she has not, nor has any other officer, employee, representative or agent of the City,'*dimctly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to rec':ire or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than t~hat which appears upon the face of the Contract. In Witness Whereof, the City and the State, through their duly authorized representatives, have entered hato this Contract. The parties having read and understand the foregoing terms of this Contr~ct, do by the~' respective signatures dated below hereby agree to the terms thereof. Name of City or ri'own: Indiana Department of Transportation Richard C. Whitney, Deputy Commissioner of Finance and Administration FOR: J. Bryan Nicol, Commissioner Date: A~PPROVED AS TO FORM AND LEGALITY CJffice of the Attorney General F~orm approval has been granted by the Office of Attorney G~mraI p '~suant to IC 4-13-2-!4.3(e) on ~117 14, 2004. Stephen Carter ~ttomey General Date: July 14, 2004