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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 MON1CA BURNS FA N,"(A,),Y Pubk, Sta to of Mdiana Wayne Connyy rrrr, *% Gommtssmn Number NP(16'o'312 y C rn mf ssf f Exf-Jrce's"" " 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. 0-1,, ,Notary Public Residing in 4/;-,,ze.-, i.County, Indiana MONICA dra n My COMMISSI011 Expires: , 20 s Nw-now NPOC,323 2 ,r):1hbOr 19, 2,19",9 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 1, 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.