Firearms Training Facility/ FishersAPPROVED, AS [O
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 Carmel, Indiana (hereinafter, "Cannel").
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 Cannel, 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. Cannel 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
Carmel Clerk-Treasurer shall receive, disburse and account for all monies involved in this joint
undertaking.
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 party, 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 refunded any amount in excess of
the total amount of Project payments made by such party pursuant to this Agreement (i.e.: assuming an
Agreement effective date of July 1, 2002 and a total Project cost of $100,000, if Carmel terminated the Agreement effective
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 from 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 from 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 RBSOLVBD this 6~ day of May, 2002.
AYE
/ ~' J/ /~ ~ ~ -
k~J~t~'~ James W. W~ace
~ A ~ . ~ , Da~et E. Here
To~ Co.cfi of ~e To~ of Fishers,
Hmilton Co~, ~a
NAY
~aye Corde]l, Clerk-Treasurer
Approved this //~7~ day of c-~t~ ,2002.
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
r~nard, Mayor
Date
1Vgary Anrl/Burke, Member
Date: /
Member
Date:
ATTEST:
n~ana C ordray/_~ l~-~'~rea u~
Date: