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WHEREAS, Hathaway, and in particular, Geraldine A. Hathaway, its President, <br />has knowledge, experience and expertise in developing strategies and development plans; <br />and <br />WHEREAS, the Commission has determined that due to Hathaway's knowledge, <br />experience and expertise, it is in the best interests of the Commission to retain <br />Hathaway's services to assist the Commission in accomplishing the Project; and; <br />WHEREAS, Hathaway is willing to assist the Commission in its efforts by <br />providing the Requested Services which are more specifically described below and are <br />subject to the terms and conditions of this Agreement; and <br />WHEREAS, the Commission has appropriated funds for the Project, including <br />funds for the Requested Services, as required by the Act. <br />NOW THEREFORE, for and in consideration of the mutual covenants and <br />promises contained herein, the Commission and the Provider hereby agree as follows: <br />SECTION 1. Definitions. For purposes of this Agreement, the following <br />terms have the meanings referred to in this Section: <br />City Controller: The terns "City Controller" shall mean the City Controller <br />or Acting City Controller appointed pursuant to Indiana <br />Code § 36-4-9-6. <br />City's Internal <br />Auditor: The term "City's Internal Auditor" shall mean the City <br />Controller or any person appointed or retained by the City <br />Controller or the Commission for the purpose of auditing <br />the Provider for this Agreement or other agreements of the <br />City. <br />Commission: The term "Commission'' shall mean the South Bend <br />Redevelopment Commission, the governing body of the <br />City of South Bend Department of Redevelopment. <br />Competitive Bidding <br />Requirements: Indiana Code § 36-I-12 with respect to contracts for <br />construction, reconstruction, alteration, repair or renovation <br />of a structure or improvement, and Indiana Code § 5-22 <br />and Common Council Resolution 2690-98 with regard to <br />other transactions. <br />Contract <br />2 <br />