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Home My Public Portal About002-2017 - TRC Technical Support w-Wayne CountyINTERLOCAL AGREEMENT REGARDING COST SHARING FOR DEMOLITION SUPPORT ACTIVITIES RELATIVE TO FORMER REID HOSPITAL SITE THIS AGREEMENT (hereinafter "Agreement") is entered into by and among the CITY OF RICHMOND, INDIANA, a second class city located in Wayne County, Indiana (hereinafter "City") and WAYNE COUNTY, INDIANA, a statutory unit of government created by and under the laws of the State of Indiana (hereinafter "County") to be effective as of the execution of this Agreement, (the "Effective Date") or upon compliance with the procedural provisions set forth at I.C. 36-1-7, whichever is the later, as follows: A. Recitals 1. City and County are each political subdivisions as said term is used at Indiana Code (IC) 36-1-7-2(a) and as said term is defined at IC 36-1-2-13. 2. City and County have previously agreed to each fund fifty percent (50%) of a site evaluation of the Former Reid Hospital Site (the "Site"), which includes technical demolition support services, up to the sum of two hundred fifty thousand dollars and 00/100 ($250,000.00). Each political subdivision has properly secured the approval for such funding through their respective executive and fiscal bodies. 3. The City has previously caused Site activities relative to the demolition/redevelopment of the Site, which includes Phase I Environmental Assessments, a Phase II Environmental Assessment, an asbestos survey, and a hazardous waste inventory. 4. Additional demolition support services are required, which include a Revolving Loan Fund Application to be submitted to the Indiana Finance Authority; Preliminary Evaluation; and Supplemental Evaluations. The demolition support services will also include pre -demolition activities including an updated asbestos survey, lead paint survey, universal and hazardous waste inventory and the preparation and removal specifications for any of the foregoing materials identified at the Site in accordance with applicable state and federal regulations. 5. The City has selected to retain TRC Environmental Corporation (the "Contractor") located at, 10475 Crosspoint Boulevard, Suite 250, Indianapolis, Indiana, 46256 to serve as the Contractor to provide technical support pertaining to the demolition of the Site. The City's Contract with Contractor is attached hereto and incorporated by reference as Exhibit "A" with the same being inclusive of all exhibits. This Agreement is being executed in accordance with the above -referenced Contract and each party's financial obligation herein shall not exceed the scope of the same. 6. In recognition of the fact that Contractor's services will result in a benefit to the City, the County, and to area businesses and taxpayers, City and County have agreed to equally Interlocal Agreement No. 002-2017 City — County Interlocal Agreement re Former Reid Site Technical Support Costs 21Pa]-e 7. Share in the total costs incurred in the technical/demolition support services proposed by Contractor. The cost of such services is not to exceed the sum of two hundred twenty-five thousand dollars and 00/100 ($225,000.00). 8. This Agreement is intended to evidence the above commitment on the part of the City and County to equally share all costs, up to the sum of two hundred fifty thousand dollars and 00/100 ($250,000.00), associated with the Contractor's technical support services, the details of which are more specifically set forth below. B. Terms of Agreement 1. Basis of Agreement. This Agreement is intended to constitute an Interlocal Agreement evidencing the joint exercise of powers available to each of the City and the County, as contemplated by the provisions of IC 36-1-7-2. 2. Duration of Agreement. This Agreement shall be in force from the Effective Date and shall expire when the evaluation proposal, as set forth in an exhibit to the City's Contract with Contractor is finally completed and all costs incurred in the Phase I Preliminary Evaluation; Phase II Preliminary Evaluation; and Phase III Supplemental Evaluation, and all sub -tasks related thereto shall have been completed and satisfied, or upon City's termination of its Contract with Contractor, as contemplated by Section IV of the same, whichever is the earlier. 3. Purpose of Agreement. This Agreement is intended to document the commitments made jointly and severally by City and by County, through their respective executive bodies and approved by their respective fiscal bodies, to equally contribute to all such costs associated with the scope of the work described in paragraph 2, above. Indirect costs such as those attributable to the provision of professional services by on -staff or currently retained professionals of the City or the County (e.g. city or county engineers; city or county attorneys, etc.) shall be borne by the particular unit that incurs such costs, and shall not be considered as eligible costs associated with the technical support for demolition services rendered by Contractor to be equally shared by the City and County. 4. Financing of Agreement. The provision of the funds by City and by County to fund the project comprising the demolition services rendered by Contractor shall be derived from legally available revenues to be identified and lawfully appropriated by the fiscal bodies of the City and the County. 5. Staffing and Supplying Joint Undertaking. The joint exercise of powers and undertakings of the parties shall not require additional staffing on the part of either of the units to this Agreement. Likewise, it is not expected that any additional supplies will be required in order to affect the joint exercise of the powers of the units to this Agreement. 6. Disposition of Property. It is not anticipated that any property will be available or required to be distributed to any of the parties to this Agreement upon its termination. Any and all reports generated by Contractor or its subcontractors or consultants, if any, arising from data City — County Interlocal Agreement re Former Reid Site Technical Support Costs 3 1 P a - e obtained in performance of the services contemplated by the Contract shall be made equally available to City and County. (End of Textual Content - Signature Templates Follow) Approved: \ a i . Snow, the City of Richmon Also Approved By: CITY OF RICHMOND, INDIANA BY ITS COMMON COUNCIL By: Misty H s, President STATE OF INDIANA ) SS: COUNTY OF WAYNE ) Before me, a Notary Public, in and for said County and State, personally appeared Misty Hollis, President of the Common Council of the City of Richmond, Indiana, who acknowledged that the foregoing Interlocal Agreement was executed in such capacity as her voluntary act and deed for and on behalf of said Council and that the foregoing representations are true and correct. Witness my hand and notary seal this day of _ 2017. �zl�' C:3z� 1 Notary Public Residing in County, Indiana My Commission Expires: i 2 ---) , 20-V-'j City — County Interlocal Agreement re Former Reid Site Technical Support Costs 4 111 �i o c STATE OF INDIANA ) SS: COUNTY OF WAYNE ) BEFORE ME, a Notary Public, in and for said County and State, personally appeared David M. Snow, Mayor of the City of Richmond, Indiana, who acknowledged that the foregoing Interlocal Agreement was executed in such capacity as his voluntary act and deed for and on behalf of said City and that the foregoing representations are true and correct. Witness my hand and notary seal this day of My Commission Expires: , 20_ 2017. , Notary Public Residing in County, Indiana APPROVED BY WAYNE COUNTY GOVERNMENT WAYNE COUNTY, INDIANA By its Board of County Cymmiss L'In And by its County Council / By: R9dr Smith, Vice —President Attest: ✓ !J Robert Coddington, Wayne County Auditor City — County Interlocal Agreement re Former Reid Site Technical Support Costs 51PaL,c STATE O F INDIANA ) ) SS COUNTY OF WAYNE ) BEFORE ME a notary public in and for said county and state personally appeared the within named Kenneth E. Paust, Rodger smith and Robert Coddijgton, respectively the president of the Wayne County Board of County Commissioners, th �p`resident of the Wayne County Council and the Auditor of Wayne County, Indiana, each of whom acknowledged their execution of the foregoing Interlocal Agreement as their voluntary act and deed and affirm that the foregoing representations are true and correct. Witness my hand and notary seal this I '1 d of M A y 2017. Printed: A 18 L- C Notary Public residing in U u ,,, .> County, IN My Commission Expires: 7u Ne zt, , 20 z14 1 affirm under penalties for perjury that 1 have taken reasonable care to redact each Social Security number in this document, unless required bylaw. Andrew J. Sickmann. This Instrument Prepared By: Andrew J. Sickmann, Attorney #30127-64 Boston Bever Klinge Cross & Chidester 27 North 8t' Street Richmond, IN 47374 Phone: 765.962.7527 Facsimile: 765.966.4597 Email: ajsickmann@bbkcc.com