02-24-14 Council Agenda & Packet

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Compressed Natural Gas Fueling Facility Funding, Development and Operation Interlocal Agreement between The City of South Bend, Indiana And The South Bend Public Transportation Corporation This Compressed Natural Gas Fueling Facility Funding, Development and Operation Agreement (the "Agreement ") is made entered into this — day of 2014 between the City of South Bend (the "City") and the South Bend Public Transportation Corporation ( "TRANSPO "). Recitals A. The City and TRANSPO are both political subdivisions organized and existing pursuant to the laws of the State of Indiana and St. Joseph County, Indiana. B. The parties, pursuant to Indiana Code § 36 -1 -7, et. seq. are empowered to enter into an Interlocal Agreement with one another for joint or cooperative action of any power or powers, privileges, projects or authority, exercised or capable of being exercised individually by such public agencies, and to cooperate in furtherance of such joint action. C. TRANSPO, is the recipient of a Grant from the United States Department of Energy. The Department of Energy Grant number is DE-EE 001972 (the "Grant "). D. The Grant is issued for TRANSPO to design, develop and construct a compressed natural gas fueling station and facility at TRANSPO's headquarters located at 1401 S. Lafayette Blvd., South Bend, St. Joseph County, Indiana 46624. E. The Department of Energy selected TRANSPO, through its grant selection process, to receive the Grant funding in the approximate amount of $951,500.00. F. The City and TRANSPO would like to partner on any and all further applications to fund the design, development and construction of the compressed natural gas fueling station and facility at TRANSPO's location for their mutual use and benefit. G. This Agreement is being entered to facilitate the design, development and construction of the compressed natural gas fueling station facility, and to provide the terms and