Approving an Interlock Agreement the City South Bend Public Transportation Corp and Appropriating $972,500.00 Compressed National Gas Fueling Facility Project

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B. If the facility to be constructed under this Agreement ceases to or fails to operate for reasons unrelated to performance of either party, then, if the terms and conditions of the Department of Energy Grant and Federal Transit Administration rules or regulations permit, the assets of the facility may be transferred by agreement to a similar governmental entity. If sale occurs, or consideration for the assets is given or required upon any transfer or disposition of the facility or its parts, the net proceeds shall be divided equally between the parties unless expressly prohibited by the terms or conditions of the Department of Energy Grant or Federal Transit Administration rules or regulations. SECTION 9. RECORD KEEPING. TRANSPO shall keep accurate records of all activities and expenditures conducted and incurred under this Agreement and report progress in achieving the performance measures identified by TRANSPO and the City. SECTION 10. AUDITS, INSPECTIONS and RETENTION OF RECORDS. The Department of Energy, the City and the State Auditor of Indiana, and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of TRANSPO's records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all Agreements, invoices, materials, payrolls, and other matters covered by or related to this Agreement. SECTION 11. FEDERAL REQUIREMENTS. A. This Agreement is subject to a financial assistance between the City and TRANSPO which includes provisions of the financial assistance agreement between the City and TRANSPO and the Department of Energy or the FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures and directives, including but not limited to the following, which are attached hereto and incorporated herein by this reference: 1. The requirements and obligations imposed on TRANSPO by the Department of Energy through the Grant. 2. Applicable Department of Energy Third Party Contract Provisions. 3. Debarment and Suspension certification. B. New federal laws, regulations, policies, procedures and directives may be adopted after the date this Agreement is established and may apply to this Agreement. TRANSPO agrees to accept and comply with all applicable laws, regulations, policies, procedures and directives as may be amended or promulgated from time to time during the term of this Agreement.