Authorizing an Interlocal Agreement Between City of South Bend, City of Mishawaka & St Joseph County, regarding the USEPA Brownfields Assessment Grant Application

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AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND SYMBIONT SCIENCE, ENGINEERING AND CONSTRUCTION, INC. THIS AGREEMENT is made effective the day of January, 2014, by and between the City of South Bend, Indiana, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works ( "City ") and Symbiont Science, Engineering and Construction, Inc. (a foreign corporation organized under the laws of the State of Wisconsin, licensed to do business in the State of Indiana, and having its principal place of business at 6737 W. Washington Street, Suite 3440, West Allis, WI 53214 ( "Contractor "). RECITALS WHEREAS, Contractor has experience and expertise in environmental consulting and planning that may prove beneficial to the City in these efforts; and WHEREAS, the City desires to retain the services of Contractor to prepare an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment grant for fiscal year 2014,and Contractor is willing to assist the City in its efforts; and WHEREAS, the City has determined that due to Contractor's experience and expertise, it is in the best interests of the City to retain Contractor's services under the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described in the proposal submitted by Symbiont dated January 20, 2014, designated Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A ". Symbiont will provide the grant application assistance at its own risk, with no compensation unless the application is successful. Should the grant be funded and Symbiont is retained to implement the grant, Symbiont's compensation for grant preparation services will be waived. If the application is successful and Symbiont is not awarded the project implementation, Symbiont's compensation would be 4% of the USEPA grant amount (i.e.,