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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1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW June 18, 2014 Mr. Oliver J. Davis, President South Bend Common Council 4111 Floor County -City Building South Bend, IN 46601 RE: Resolution to Approve Proposed Interlocal Agreement with The City of Mishawaka and St. Joseph County Dear President Davis: PHONE 574/235 -9241 FAx 574/235 -7670 ALADEAN M. DEROSE CITY ATTORNEY Attached for the Common Council's consideration is a proposed resolution which approves an Interlocal Agreement among the Cities of South Bend and Mishawaka and St. Joseph County, and authorizes the South Bend Board of Public Works to execute the Interlocal Agreement. This Interlocal Agreement is part of the process which the Council approved on January 13, 2014 in Resolution 44313 -14 authorizing the Mayor to apply for a United States Environmental Protection Agency ( "USEPA ") Brownfields Coalition Assessment grant in the amount of $600,000. The Interlocal agreement provides for fee sharing among the three entities (the "Coalition ") to split any fee due to Symbiont Science, Engineering and Construction, Inc. ( "Symbiont ") in preparing the USEPA Brownfields Assessment grant application. No fee is due to Symbiont for the preparation of the application, however, if a Grant is awarded, the Coalition would be obligated to pay a fee to Symbiont in the amount of 4% of the USEPA grant amount. If the Grant application is approved in the full requested amount of $600,000.00, this would result in a fee due to Symbiont of $24,000.00. South Bend would pay the fee initially and the Mishawaka and St. Joseph County would reimburse South Bend as follows: Mishawaka 25% (up to $6,000.00) St. Joseph County 25% (up to $6,000.00) USEPA Assessment Grants provide funding for developing inventories of brownfields, prioritizing sites, planning redevelopment, conducting community involvement activities and performing site assessments and clean-up planning related to brownfield sites. Given the increasingly challenging environment for developers, funding to perform environmental assessment activities and planning could be a significant tool in allowing the Coalition to support CHERYL A. GREENE PAUL E. SINGLETON CARRIE GAINES CORY HAMEL LAWRF.NCF. J. METEIVER TASHA REED OUTLAW JEFFREY L. SANFORD �.