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CC-06-01-98-01 Northeast CorridorMIS Tsk ForceRESOLUTION NO. CC -~,~ -c/-qg-c / A RESOLIJTION OF T1TE. COMMON COUNCIL OF ~ CITY OF CARMEL, INDIANA, AUTIiORIZING JOINDER OF TIlE CITY IN TlqT. NORT1TE~T CORRIDOR MIS TASK FORCE AND EXECIJTION OF AN INTERLOCAL FUNDING AGREE~MENT WITEREAS, the City of CarmeI (the "City") desires to join with the Indianapolis Metropolitan Planning Organization/Department of Metropolitan Development ("Indianapolis DM D"), the Indiana Department of Transportation CINDOT"), Hamilton County ("Hamilton County"), the City of Noblesville ("Noblesville"), and the Town of Fishers ("Fishes") as a member of the Northeast Corridor- MIS Task Force for the purpose of participating in a Major Investment Study ("MIS"). W]TEREAS, Indiana Code 36-1-7, et-seq., allows the creation of lntelocal Agreements for such purposes upon the adoption of substantially similar resolutions by participating parties. · NOW, TKEREFORE, BE IT RESOLVED by the Common Council as follows: 1. The City hereby joins the Northeast Corridor MIS Task Force; 2. The City hereby enters into and agrees to be bound by the terms of the Interlocal Funding Agreement ("Agreement") attached hereto and made a part hereof by this reference; and Agreement on its behalf. PASSED, this ~/~day of · ~esi~ ..~/~ ,y6'~d E. Carter The Common Council hereby authorizes its President, Robert Battreall, to execute the · 1998, by a vote of 7 ayes and C> nays. D~ana L. Cordray, Clerk-Tr~s~er Presented by to the Mayor of the City of Carmel, 'Indiana, on,the ~' ~y of j~~, 1998. Approved by me, the Mayor of Carmel, Indiana, this __ erk,T~/' Diana L. Cordray, C1 - ~'clay of~J$[~ 1998. /~~sBrainard, MaY°r~ ATTEST: Diana L. Cordray, Clerk INTERLOCAL FUNDING AGREEMENT LOCAL MATCtt FOR NORTHEAST CORRIDOR MAJOR INVESI3lt;NT STUDY THIS AGREEMENT, made and entered into as of this day of ,1998, by and among the following members of the Northeast Corridor MIS Task Force: Indianapolis Metropolitan Planning Organization/Department of Metropolitan Development ("Indianapolis DMD"), Indiana Department of Transportation CINDOT"), Hamilton County ("Hamilton County"), City ofNoblesville C'Noblesville"), Town of Fishers ('Tishers") and City of Carmel CCarmel"). WITNESS THAT: WHEREAS, the Federal Transit Administration has appropriated $1,245,957 of federal funds from the Section 5309 New Start Allocations (see Attachment A) to conduct a Major Investment Study (NtiS) for the area defined as the Northeast Corridor (see Attachment B); and WHEREAS, the Indianapolis Metropolitan Planning Organization/DMD intends to issue a Request for Qualifications (RFQ) and then enter into an Agreement with a consultant(s) ("Consultant Agreement") who will provide professional consulting services to conduct a Major Investment Study (MIS) and possible environmental analyses for the Northeast Corridor; and WHEREAS, $500,000 of local match funds are required to match the $1,245,957 of federal funds; and WttEREAS, the stated Task Force members will each benefit from the performance of the services required by the Consukant Agreement and in consideration of such benefits, are willing to contribute a share of the local match funds as provided herein for the performance of the work under the Consultant Agreement; and WHEREAS, the Consukant Agreement will be funded with federal funds totaHing $1,245,957 and local funds totaling $500,000 for a total of $1,745,957. NOW, THEREFORE, the parties to this Agreement, in consideration of the premises, and the representations, covenants and promises made herein, do hereby mutually agree as follows: 1. Afcer the execution of a Consultant Agreement, Hamilton County, Noblesville, Fishers and Carmel shall pay the Indianapolis DMD the sums listed below in four equal installments to be invoiced on a quarterly interval beginning June 1, I998; and INDOT shall pay to the Indianapolis DMD the following sum in four equal installments on a quarterly interval beginning June 1, 1998, as their respective proportional share for the local match funding of the Consultant Agreement: Not to Exceed INDOT $250,000.00 Hamilton County $ 31,250.00 City of Noblesville $ 31,250.00 City of Cannel $ 31,250.00 Town'of'Fishers $ 31,250.00 Indianapolis DMD $125,000.00 2. With on-going policy guidance and coordination from the Task Force, the Indianapolis DMD shall exercise ks rights and obligations under the Consultant Agreement. Each Task Force member shall receive copies of the reports and studies produced under the Consultant Agreement. 3. It is understood and agreed by the members of the Task Force that this Agreement does not obligate the members to implement the Consultant recommendations. 4. Pursuant to I.C. 22-9-1-10, each party and ks subcontractors, if any, 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, se~ disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. 5. This Agreement represents the entire understanding between and among the parties hereto. The signing of this Agreement by the parties constitutes their mutual recognition that no other contracts or agreements, oral or written related to this project, exist between and among them, and that if such oral or written contracts do exist, such are hereby canceled. Each party hereby represents to the others, individually and collectively, that it will not rely upon any agreement, contract or understanding not reduced to writing and incorporated in this Agreement prior to the execution thereof or not reduced to writing and incorporated by written amendment thereto. 6. This Agreement shall be in effect during the duration of the Major Investment Study for the Northeast Corridor. 7. This Agreement shall not be effective unless and until approved by the Attorney General of Indiana, or his representative, as to legality and form. SIGNATI,rRE PAGE In testimony whereof; the parties hereto have executed this Ageement. CITY OF ~I'DIANAPOLIS Department of Metropolitan Development STATE OF INDIANA Indiana Department of Transportation Recommended for approval by: Eugene Lausck, Acting Director Approved as to Legality and Form: Cristine M. Klika~ Deputy Commissioner Executed by: Stephen Neff; Assistant Corporation Counsel BOARD OF COP~[NHSSIONERS OF CITY COUNCK, OF CITY OF C,~R.~,EEL, INDIANA Robert Ba=re~, Presidem CITY COta~'NCIL, CITY OF NOBLESVILLE, IN'DIANA la~[anin, President 3-~- TOWN COUNCIL OF TO~N OF FISFrERS, IND.IANA Walter Kelly, President Curtis A. W'~ey, Commissioner Approved: Betty Cockrum, Commissioner Department of Administration Date: Pegg7 Boehm, Director State Budget Agency Date: Approved as to Legality and Form: .Teffrey A. Modisett, Attorney General Date Approved: NON-COLLUSION STATE OF ) ) ss: cottheY OF ) The undersigned, being duly swom on oath, says that he/she is the contracting party, or, that he/she is the representative, gent, member· or officer of the contracting party, that he/she has not, nor has any other member, employee, representative, gent, or officer of the firm, company, corporation or partnership represented by him/her, directly or indirectly, entered into or offered to enter into any combination, collusion or contract to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of the annexed contract other than that which appears upon the face of the contract, Signature Printed Name Title Company Before me, a Notary public in and for said County and State personally appeared · who acknowledged the truth of the statements in the foregoing on this day of ,19 Notary Signature County of Residence Commission Expiration Date Notary' s Name (Print or Type) y,dersl ~ / WsL SZ. No. Z34-f Friday. Decamber 5. xmg7 / Notks, P~l;Zwl of 21;ml;a~t TA~U~ 6 · l~lr- ;L ~ AD~TION ck su~ammk~yanqr, m,~~e~, ': -- '- :' :,f~,ygr-" · ' ]k4~ Twtn~TnsttsmaymlsroJd~ts ~ · NC ~ eo~ HENORICKS CO. RDRGAN CO. MARIDN ~ JOHNSDN Ca. GEE R MODRESVILLE NEV -d A z FRANK SHEL NORTHEAST CORRIDOR EVALUATION