HomeMy Public PortalAbout048-2024 - Interlocal Agreement No. 2 - Wayne Township - Beat the Heat INTERLOCAL AGREEMENT FOR THE SHARING OF RESPONSIBILITIES AND COSTS
ATTENDANT TO THE IMPLEMENTATION OF A "BEAT THE HEAT" WINDOW
AIR CONDITIONING UNIT DISTRIBUTION PROGRAM APPLICATION INITIATIVE
SPONSORED BY INDIANA UNIVERSITY'S ENVIRONMENTAL
RESILIENCE INSTITUTE AND GRANTS FUNDED BY THE INDIANA OFFICE OF
COMMUNITY AND RURAL AFFAIRS
THIS AGREEMENT (hereinafter "Agreement") is entered into by and between the CITY
OF RICHMOND, INDIANA, a second class city located in Wayne County, Indiana (hereinafter
"City") and WAYNE TOWNSHIP, INDIANA, a statutory unit of government created by and under
the laws of the State of Indiana also located in Wayne County, Indiana (hereinafter "Township") to
be effective as of the execution of this Agreement, (the "Effective Date") or upon compliance with
the procedural provisions set forth at LC. 36-1-7,whichever is the later, as follows:
A. Recitals
1. City and Township 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. See also IC 36-1-2-10 and IC 36-
1-2-23.
2. City and Township have mutual interests in promoting the welfare of their citizens
and particularly populations within the citizenship who are potentially at risk in the event of future
occurrences of extreme weather heat as identified in the Indiana University Environmental Resilience
Institute's studies.
3. Township has heretofore implemented its Window Air Conditioning Unit
Distribution Program Application within the parameters of the City of Richmond's Heat
Management Plan and its Beat the Heat Program.
4. City recognizes the number of potential at-risk populations which live within the
territorial jurisdiction of the City and therefor City is desirous of assisting Township in the provision
services to furnish and install the quoted air-conditioning window units for the applicants chosen by
Township in accordance with its applicable guidelines.
5. This Agreement is intended to evidence the above commitment on the part of the City
to contribute the sum of up to Five Thousand and 00/100 US Dollars ($5,000.00) to partially defer
the costs to Township of implementing the furnishing and installation of the quoted air-conditioning
window units. Said funding is reimbursable by the City to the Township upon proof of payment by
the Township through its Trustee's office. This Agreement is also intended to evidence the
commitment of the Township to timely provide the City with its reports, receipts, vouchers, and/or
other documentation as reasonably determined necessary by the City in order for the Parties to timely
comply with the reporting/voucher system undertaken by the Indiana University Environmental
Resilience Institute as funded by the Indiana Office of Community and Rural Affairs.
CONTRACT NC). 48-2024
Interlocal Agreement No. 002-2024
City—Township Interlocal Agreement re Beat the Heat and
Heat Management Plan
21Page
6. In furtherance of the above-stated purposes, City and Township desire to enter into
this Agreement in order to document the terms and conditions of their respective undertakings.
B. Terms of Agreement
Basis_pf Agreement. This Agreement is intended to constitute an Interlocal
Agreement evidencing the joint exercise of powers available to each of the City and the Township, as
contemplated by the provisions of IC 36-1-7-2. This Agreement shall not be construed to apply any
third-party beneficiary status to any other person nor entity for purposes of litigation nor for purposes
of equitable remedies.
2. Duration of.Agreement. This Agreement shall be in force from the Effective Date and
shall expire on April 3k), 2024.
3. .PutIppse of Agreement. This Agreement is intended to document the commitments
made jointly and severally by City and by Township, through their respective executive bodies and
approved by their respective fiscal bodies.
4. Financing_of Agreement. The provision of the funds by City and by Tlownship to
fund the Project shall be derived by the parties as follows:
a). The Township shall fund its contribution toward the funds for the distribution
program by (i.) overseeing and monitoring the application program; (ii) by timely
providing the City with the necessary reports, receipts, vouchers, and/or other
documentation; (iii.) and by directly paying tbr the electtic utility costs on behalf
of the program participants.
b). Lftewise, City shall fund the furnishing and installation of the air-conditioning
window units from the available and duly appropriated grant funds, as the above-
described commitment wherein the City is contributing the sum of up to Five
Thousand and 00/100 US Dollars (S5,000.00) to partially defer the costs to
Township of implementing the furnishing and installation of the quoted air-
conditioning window units. A per-unit electric utility subsidy allocation may be
incurred of up to One Hundred and 00/100 US Dollars ($100.00) per
unit/program participant upon proof of payment by Township, not to exceed the
above-described $5,000.00 limit allocated herein.
5. Staffirg 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.
City-Township Interlocal Agreement re Beat the Heat and
Heat Management Plan
3 IP a g e
6. Disposition of Proper . It is not anticipated that any additional property will be
acquired or required in order to perform the services contemplated by this Agreement. Any air-
conditioning window units remaining upon completion of the application program shall remain the
property of Township upon the termination of this Agreement.
7. Adminiskation of Undertakino. City and Township, by their respective executives,
shall meet and confer as necessary in order to monitor the performance of the initiatives
contemplated herein.
APPROVED BY THE CITY OF RICHMOND,INDIANA
Ronald Oler, Ph.D.,Mayor of the
City of Richmond
ALSO APPROVED BY:
CITY OF RICHMOND, INDIANA
BY ITS COMMON COUNCIL
B •
6a2,Turner, President
APPROVED BY WAYNE TOWNSHIP,INDIANA
By its Township Trustee
By:
Susan Isaacs, Trustee
Attest:
City—Township Interkxal Agreement re Beat the Heat and
Heat Management Phan
41Page
STATE OF INDIANA
) SS:
COUNTY OF WAYNE
Before me, a Notary Public, in and for said County and State, personally appeared Gary Turner,
President of the Common Council 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 Council and that the foregoing representations are true and correct.
Witness my hand and notary seal this day ofL 2024.
, Notary Public
Residing in 44/ county, Indiana
My Commission Expires: 20
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Januar" 18, 2028
STATE OF INDIANA
) SS:
COUNTY OF WAYNE
BEFORE ME, a Notary Public, in and for said County and State, personally appeared Ronald Oler,
Ph.D., 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„./,,,,77,41'</day of „.„ 2024.
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,Notary Public
Residing in 4/;-,,ze.-, i.County, Indiana
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My COMMISSI011 Expires: , 20
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City Township Interiocal Agreement re Beat the Heat and
Heat Management Plan
51Page
STATE 0 F INDIA/4A
) SS
COUNTY OF WAYNE
BEFORE ME a notary public in and for said county and state personally appeared the within named
Susan Isaacs, Trustee of Wayne Township, Indiana, who acknowledged her execution of the
foregoing interlocal Agreement as her voluntary act and deed and affirm that the foregoing
representations are true and correct.
Witness my hand and notary seal this ./i3 day of 2024.
t Printed: Cgr-
Notary Public residing in County, IN
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My Commission Expires: °V.V." , 20,43—
I affirm under penalties for perjury that I have taken reasonable care to redact each Social Security
number in this document, unless required by law, Kimberly A. Vessels, Assistant City Attorney
This Instrument Prepared By City of Richmond, Law Department.