6.C.(5) Agreement for Services with Hathaway 2

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WHEREAS, Hathaway, and in particular, Geraldine A. Hafllaway, its President, has knowledge, experience and expertise in developing strategies and development plans; and WHEREAS, the Commission has determined that due to Hathaway's knowledge, experience and expertise, it is in the best interests of the Commission to retain Hathaway"s services to assist the Commission in accomplishing the Project; and; WHEREAS, Hathaway is willing to assist the Commission in its efforts by providing the Requested Services which are more specifically described below and are subject to the terms and conditions of this Agreement; and WHEREAS, the Commission has appropriated funds for the Project, including funds for the Requested Services, as required by Indiana Code ~ 5-22-17-3. SECTION 1. Definitions. For purposes of this Agreement, the following terns have the meanings refen•ed to in this Section: City Coiztrolle~•: The term "City Controller" shall mean the City Controller or Acting City Controller appointed pursuant to Indiana Code ~ 36-4-9-6. Cit~~'s L~te~•»al Auditor: The term "City's Internal Auditor" shall mean the City Controller or any person appointed or retained by the City Controller or the Commission for the purpose of auditing the Provider for this Agreement or other agreements of the City. Commission: The term "Commission" shall mean the South Bend Redevelopment Commission, the governing body of the City of South Bend Department of Redevelopment Competitive Biddi~tg Requi~•ei~ier~ts: Indiana Code j 36-1-12 with respect to contracts for construction, reconstruction, alteration, repair or renovation of a structure or improvement, and Indiana Code~~' 5-22 and Common Council Resolution 2690-98 with regard to other transactions. Contract Ad»>inist-•atnr: The term "Contract Administrator" shall mean Don Inks. Director of Economic Development for the Community and Economic Development Department. 2