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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conditions by which the parties agree to utilize the funds allocated by the support of the project set forth herein. H. Additionally, the City and TRANSPO enter into this Agreement to provide the initial framework for the allocation and distribution of any and all profits that might be generated from the sale of compressed natural gas at the facility to third parties. The City and TRANSPO agree that they will negotiate the terms of a separate agreement that sets forth in greater detail the parties' respective responsibilities concerning the daily operation of the facility; the specifics concerning the manner of operating the facility; the allocation of profits from the facilities' operation, and the management structure of the operational facility. NOW, THEREFORE, in consideration of mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. PURPOSE OF AGREEMENT AND GRANT OF DEPARTMENT OF ENERGY FUNDS. Through this Agreement, TRANSPO agrees to use the Grant funds from the United States Department of Energy in the amount of $951,500.00 exclusively for the design, development and construction of a compressed natural gas fueling station facility to be located at TRANSPO's headquarters on 1401 South Lafayete Boulevard, South Bend, St. Joseph County, Indiana 46224, which facility shall benefit both Transpo and the City in promoting fuel economy, efficiency, and environmental protection. SECTION 2. THE CITY'S RESPONSIBILITIES. A. The City agrees to contribute capital contribution exclusively towards the design, development and construction of the compressed natural gas fueling station facility in the maximum amount of Nine Hundred Seventy -two Thousand Five Hundred Dollars and 00 /100 ($972,500.00). This amount shall be paid by the City as set forth herein subject to approval of the City's fiscal body, the South Bend Common Council. SECTION 3. TRANSPO'S RESPONSIBILITIES. A. TRANSPO agrees to construct the compressed natural gas fueling station facility pursuant to the technical specifications identified in a Request for Proposal to be developed by TRANSPO with consultation by the City. B. TRANSPO shall be solely responsible for all work related to the design, development and construction of the compressed natural gas fueling station facility contemplated by this Agreement including but not limited to: (1) design work; (2) issuing and/or obtaining all