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HomeMy WebLinkAboutD-1576-02 Interlocal CPD/Fisher SPONSOR(S): Councilor Battreall ORDINANCE NO. D-1576-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between municipalities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal agreements;" and WItEREAS, the "Interlocal Agreement" by and between the City of Carmel, Indiana and the Town of Fishers, Indiana, pertaining to the construction of a firearms range training facility, a copy of which is attached hereto and incorporated herein as Exhibit A ("Interlocal Agreement"), is in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. ~Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by law. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. ! PASSED by the Common Council of the City of Carmel, Indiana, this /F/~ay of( J/J.~ J ,2002, by a vote of ~_~ ayes and (~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Wayne A.[Wilson, President Pro Tempore rter Prepared by Douglas C. Haney, Carmel City Attorney N. L. Rundle ATTEST: ~iana L. Cord~i)N[A~C, Clei~ffreas~re'~ ' ~/ ~ SPONSOR(S): Councilor Battreall .Presented by me t~.the Mayor of the City of Carmel, Indiana, at '4.'~ ] o'clock p. m. on the }Q~/.~¢ day of /'-%Il/It! ) ,2002. Dian~ L. Cord~y,~d~(57 ~}c-~reasu'rer~ ' of Approved by me, Mayor of the City of Carmel, Indiana, at ~ :z 2- '~"~ ~ ~Z-- ,2002. ff/tmes Brainard, Mayor o'clock p. m. this~g/ day ATTEST: Dia~i£. C ov~t:a~;qakM d,~'~l erk'- 5'r ~aas~[r~_J/"x~ Ordinance No. D- 1576-02 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney APPROVED, AS TO FORM BY: INTERLOCAL AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF FIREARM RANGE TRAINING FACILITY This Agreement is hereby made and entered into by and between the Town of Fishers, Indiana, (hereinafter, "Fishers") and the City of Cannel, Indiana (hereinafter, "Carmel"). WITNESSETH THAT: WHEREAS, the parties hereto have had prepared plans and specifications for the construction of a firearm range training facility ("Facility") to be located at or about 96th Street and Hazel Dell Parkway in the City of Carmel, Indiana (the "Project"); and WHEREAS, the parties are desirous of entering into an Agreement for the purposes of constructing the Project as set out in said plans and specifications and maintaining the Facility; and WHEREAS, the parties wish to cooperate in the realization of the Project, to exchange the necessary services, and to;share equally in the cost of the Project and Facility maintenance; and WHEREAS, Indiana Code 36-1-7 permits interlocal agreements between governmental entities. NOW, THEREFORE, the parties mutually agree as follows: 1. Responsibilities of Lead Agency. Carmel shall be the lead agency on the Project, and shall be primarily responsible for continuing to advance the Project and for making all required filings and applications with governmental agencies. Carmel shall keep Fishers informed concerning the status of the Project. Both parties shall approve the plans and specifications for the Project and any change orders which occur during the course of Project construction. Cannel shall also be primarily responsible for maintaining the Facility once it is built. 2. The estimated cost of the Project is set forth in Exhibit A, which is attached hereto and made a part hereof by this reference. Final costs shall be determined upon the completion of the Project. 3. The parties agree to each timely pay one-half (50%) of the cost of the Project and the maintenance of the Facility. 4. Carmel shall maintain records of all costs incurred for the Project and Facility maintenance and shall itemize same. Fishers shall be provided periodic reports of all such costs. The Cannel Clerk-Treasurer shall receive, disburse and account for all monies involved in this joint undertaking. -1- 05-21-02 A10:53 RCVD 5. This Agreement may be terminated by either party hereto upon one hundred eighty (180) days prior written notice to the other party. However, in the event this Agreement is terminated within five (5) years of its effective date, and so long as the non-terminating party hereto has fulfilled its payment obligations under paragraph 3 hereinabove, the terminating party agrees to refund to the non- terminating pa~, within ninety (90) days of the Agreement termination date, ten percent (10%) of the cost of the Project for each full year in which the Agreement is terminated prior to the expiration of such five (5) year period, except that, in no event, shall either party hereto be refimded any amount in excess of the total amount of Project payments made by such party pursuant to this Agreement (i.e.: assuming an Agreement effeclive date of July 1, 2002 and a total Project cost of $100,000, if Carmel terminated the Agreement eff~tive December 31, 2004, the sum of $20,000 would be refunded to Fishers). 6. The parties represent that they have the authority to enter into this Agreement and agree to seek such approvals and appropriations fi.om their respective fiscal bodies as are necessary to timely fund each party's portion of the Project and subsequent Facility maintenance. 7. Any disputes arising fi.om this Agreement, including, but not limited to, the financing, staffing, supplying, terminating or administering of the Project and/or this Agreement shall be resolved by the chief executives of each party, or their respective designees. If said persons are not able to resolve the dispute, the parties shall submit the dispute to mediation or other mutually agreed upon alternate dispute resolution service. 8. This Agreement sets for the entire agreement between the parties as regards the Project and the maintenance of the Facility. 9. This Agreement is the result of negotiations between the parties, and no party shall be deemed to be the drafter of same. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against either party. 10. This Agreement shall become effective on and after the date on which it is last signed by a party hereto. ALL OF WHICH IS SO RESOLVED this 6~ ~iay of May, 2002. AYE ~ _ 7/:~~)~Scott A. Faultless~ ' ~ ~D- ,,~--~ Timothy O. Lima _ .~ /9"x \ .~ /~ . /}'. Daniel E. Henk¢ Town Council of the Town of Fishers, Hamilton County, Indiana --L'~d~Gaye Cordell, Clerk-Treasurer NAY ,2002. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: /,Idmes Brainard, M~ayor _ Date" : C -/,--%' - ~'~ ~-2.~ , /~ M~ry AnlI/B Jrke,.~Member Date: / 3 - / ..C'---C)~ Member Date: ATTEST: Diina ¢ordra~, ~.r-l(-¥re~.u~e)r-' "~ ~ Date: 1~"-/5 'Oc~