80-17 Transitioning HPC to the Department of Community Investment

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negotiate in good faith to determine, based on past experience, the appropriate commitment of time by City employees to HPC-related matters outside the corporate boundaries of the City and reimbursement by the County therefor, provided, however, that said reimbursement will remain at a rate not less than Thirty-Seven and 50 1100 Dollars ($37.50)per hour. Section 5.03. HPC Revenues. The Parties anticipate that the HPC will generate certain revenues in its ordinary operations, including, without limitation, fees collected from applicants for certificates of appropriateness (collectively, the "HPC Revenues"). The City will commit, through appropriate budgeting mechanisms, all HPC Revenues solely to activities and/or functions associated with historic preservation, including the City's costs in supporting and managing the HPC's operations, provided, however, that the City will identify and select such activities and/or functions in its sole discretion. Article VI. Miscellaneous Section 6.01. Legal Counsel. In light of the City's assumption of responsibility under this Agreement for managing historic preservation matters related to or that may come before the HPC, the Parties mutually acknowledge and agree that, strictly for purposes of Ind. Code § 36-4- 9-12, the HPC constitutes a board of the City. Accordingly, the HPC may not employ any attorney without the authorization of the City's Corporation Counsel. The City's Corporation Counsel, in a manner determined in her sole discretion,will provide for legal counsel to serve the HPC by counseling the City staff on historic preservation matters, attending meetings of the HPC, preparing necessary legal documents, and otherwise assisting the HPC in conducting its business. In the event the City's costs in providing for such legal counsel to the HPC are or become substantial, as determined by the City in its discretion, the County agrees to negotiate in good faith with the City concerning the County's payment of the costs attributable to the work performed by such legal counsel with respect to historic preservation matters outside the corporate boundaries of the City. Section 6.02. Grants. Both Parties shall cooperate and use reasonable efforts to ensure the HPC maintains eligibility for available grants in the future, as well as for those grants already awarded to HPC for fiscal year 2018, including, but not limited to, executing amendments to the Certification Agreements with the State Certified Local Government Coordinator for continuation of Certified Local Government status for both the City and the County, and to take any other actions reasonably required to maintain grant eligibility. Section 6.03. Recordation and Filing. In accordance with Section 6 of the Act, the Parties agree (a)to record this Agreement in the Office of the Recorder of St. Joseph County not later than three (3) business days after its execution by the Parties, and(b) within sixty(60) days after recordation,to file this Agreement with the State Board of Accounts of Indiana. Section 6.04. Copies. Following recordation, an executed copy of this Agreement and any amendments hereto shall be given each to the Executive Director of the HPC, the 8