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HomeMy WebLinkAboutAuthorizing an Interlocal Agreement Between City of South Bend, City of Mishawaka & St Joseph County, regarding the USEPA Brownfields Assessment Grant ApplicationAttes RESOLUTION 4370 -14 Passed by the Common Council of the City of South Bend, Indiana June 23, 14 20 Presented by me to the Mayor of the City of South Bend, Indiana .June 24, 20 14 City Clerk dent of Common Council Approved and signed by me 33 20 AL. . City Clerk RESOLUTION NO. � 3 ?b-IV A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND ST. JOSEPH COUNTY, INDIANA REGARDING THE USEPA BROWNFIELDS ASSESSMENT GRANT APPLICATION STATEMENT OF PURPOSE AND INTENT WHEREAS, the City of South Bend, Indiana ( "South Bend ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7 and is authorized to enter into an Interlocal Agreement with other Indiana political subdivisions pursuant to IC 36 -1 -7; and WHEREAS, the City of Mishawaka, Indiana, ( "Mishawaka ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7; and WHEREAS, St. Joseph County, Indiana, ( "County ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7; and WHEREAS, by Resolution No. 4313 -14 passed by this Council on January 13, 2014, the City of South Bend for itself and the the City of Mishawaka, and the County of St. Joseph (collectively "the Coalition "), is applying for a United States Environmental Protection Agency ( "USEPA ") Grant ( "the Grant") in the sum of $600,000.00 for Brownfields Assessment. WHEREAS, South Bend will enter into a contract with Symbiont Science, Engineering and Construction, Inc. ( "Symbiont") which will prepare the USEPA Brownfields assessment grant application on behalf of the Coalition; and WHEREAS, Symbiont will prepare the Grant application at no cost to the Coalition, however, in the event that the Coalition is awarded the Grant, a sum, not to exceed Twenty Four Thousand Dollars ($24,000.00) would be due to Symbiont (the "Symbiont Fee "); and WHEREAS, South Bend, Mishawaka and the County desire to share the Symbiont Fee based upon the percentages set forth in that certain Interlocal Agreement between South Bend, Mishawaka and the County; and WHEREAS, South Bend, Mishawaka and the County desire to enter into an Interlocal Agreement for that purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Interlocal Agreement Authorized. The South Bend Board of Public Works is authorized to enter into an Interlocal Agreement, in the form attached hereto, with Mishawaka and the County. Section 2. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Common Council. Dated this L3 A day of -3 c),K -e- 2014. PRESENTED NOT APKaWA Filed Office S 4 JOHN VC*ORDE CITY CLER& SOUTH SEND, IN i TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND ST. JOSEPH COUNTY, INDIANA REGARDING THE USEPA BROWNFIELDS ASSESSMENT GRANT APPLICATION Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Community Investment Committee. Valerie Schey Chairperson, Committee of the Whole V'UN 10 ?014 CITY C 1, g9w 13EN63, IN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA THE CITY OF MISHAWAKA, INDIANA, AND ST. JOSEPH COUNTY, INDIANA (Symbiont Cost Sharing Project) THIS INTERLOCAL AGREEMENT ( "Agreement") is entered into the day of , 2014, by and among the City of South Bend, Indiana, the City of Mishawaka, Indiana, and St. Joseph County, Indiana. RECITALS WHEREAS, political subdivisions of the State of Indiana are authorized to enter into an Interlocal Agreement with other Indiana political subdivisions pursuant to IC 36- 1-7-1; and WHEREAS, the City of South Bend, Indiana, ( "South Bend ") is an Indiana political subdivision for purposes of I.C. 36- 1 -7 -1; and WHEREAS, the City of Mishawaka, Indiana, ( "Mishawaka ") is an Indiana political subdivision for purposes of I.C. 36- 1 -7 -1; and WHEREAS, St. Joseph County, Indiana, ( "County ") is an Indiana political subdivision for purposes of I.C. 36- 1 -7 -1; and WHEREAS, South Bend will enter into a contract, in the form of Exhibit "A" attached hereto, with Symbiont Science, Engineering and Construction, Inc. ( "Symbiont ") to prepare a grant application for a United States Environmental Protection Agency Brownfields Coalition Assessment Grant (the "Grant ") on behalf on South Bend, Mishawaka and the County (collectively, the "Coalition" or the "Parties "); and WHEREAS, the Grant would provide Six Hundred Thousand Dollars ($600,000.00) (the "Grant Funds ") for the benefit of the Coalition; and WHEREAS, Symbiont will prepare the Grant application at no cost to the Coalition, however, in the event that the Coalition is awarded the Grant, a sum, not to exceed Twenty Four Thousand Dollars ($24,000.00) would be due to Symbiont (the "Symbiont Fee "); and WHEREAS, South Bend, Mishawaka and the County desire to share the Symbiont Fee based upon the percentages set forth in this Agreement and they further desire to administer any Grant funds pursuant to the terms of this Agreement; and WHEREAS, South Bend, Mishawaka and the County desire to enter into this Agreement for that purpose. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The purpose of this Agreement is to provide for the administration of the Grant Funds and for cost sharing of the Symbiont Fee among the Parties. South Bend has experience in employing environmental consultants, engineering contractors and administering similar grant awards. Mishawaka and the County wish to utilize the expertise and experience of South Bend's staff and the South Bend Board of Public Works in administering the Grant and further, to reimburse South Bend for a portion of the Symbiont Fee as more fully set forth herein below. II. PROJECT FUNDS AND DUTIES a. Budget. The total cost of the Symbiont Fee is anticipated not to exceed the sum of Twenty Four Thousand Dollars ($24,000.00). South Bend will pay the Symbiont Fee initially and Mishawaka and the County will reimburse South Bend as follows: Mishawaka 25% (up to $6,000.00) St. Joseph County 25% (up to $6,000.00) Each of Mishawaka and the County shall pay such percentage share to South Bend, upon notice from South Bend that South Bend has paid all or a portion of the Symbiont Fee. b. Duties of South Bend. South Bend hereby agrees as follows: i. South Bend has retained Symbiont to prepare the Grant application on behalf of the Coalition. South Bend will continue to provide information to Symbiont to assist in the Grant application. There is no cost to South Bend or to the Coalition for the preparation of the Grant application. 2 ii. In the event the Grant is awarded to the Coalition, South Bend will administer the Grant Funds in accordance with this Agreement. iii. Subject to the Grant Funds being awarded, South Bend shall enter into any contracts or agreements reasonably necessary to complete the project. iv. South Bend shall supervise and administer all necessary contracts or agreements with any contractors, including Symbiont. V. The Controller for the City of South Bend shall have the duty of receiving, discharging, and accounting for all the monies of this joint undertaking and shall make payments upon authorization from South Bend's Board of Public Works. C. Duties of Mishawaka and the County. Mishawaka and the County hereby agree as follows: i. Mishawaka and the County shall each pay its percentage share of the Symbiont Fee to the Controller for the City of South Bend with said monies to be used in accordance with this Agreement. Such percentage share shall include the following: Mishawaka 25% (up to $6,000.00) St. Joseph County 25% (up to $6,000.00) III. ADMINSTRATION This Agreement shall be administered by a committee (the "Coalition Committee ") comprised of Christopher Dressel, representing South Bend, Kenneth Prince, representing Mishawaka, and John Lankowicz, representing the County (or the successor of each) and the Board of Public Works for the City of South Bend shall be designated as the contracting agency on behalf of the Coalition Committee. Contracts, modifications or adjustments that modify the Symbiont Fee shall be subject to the approval of all Parties to the Agreement via facsimile or email. Upon completion of the project, a final audit shall be performed by the City of South Bend and submitted to the Coalition Committee: All approved costs in excess of the stated Symbiont Fee shall be shared in the same percentages as set forth above. Mishawaka and the County agree to make payment to South Bend for the full amount of each Party's percentage amount within a period not to exceed thirty (30) days from receipt of notice from South Bend that payment to Symbiont has been made by South Bend. South Bend shall advise all Parties to this Agreement of any contracts, modifications or change orders that modify the Symbiont Fee via e -mail or facsimile. Upon completion of the project, a final audit shall be performed by South Bend. 3 IV. DURATION This Agreement shall go into effect when it has been approved by the legislative bodies of South Bend, Mishawaka and the County, respectively, and the Agreement has been recorded with the St. Joseph County Recorder. This Agreement shall terminate on the earlier of (i) substantial completion of the project or (ii) December 31, 2019. Date: , 2014 Date: , 2014 CITY OF MISHAWAKA, INDIANA CITY OF SOUTH BEND, INDIANA Signature Printed Name and Yule Printed Name and Title Date: 2014 ST. JOSEPH COUNTY, INDIANA Printed ame and Title STATE OF INDIANA ) ) ss: ST. JOSEPH COUNTY) Before me, a Notary Public in and for said County and State, personally appeared to me known to be of the City of South Bend, Indiana, and acknowledged the execution of the foregoing document on the day of 2014. My Commission Expires: , Notary I Residing in St. Joseph County, Indiana STATE OF INDIANA ) ) ss: ST. JOSEPH COUNTY) Before me, a Notary Public in and for said County and State, personally appeared to me known to be of the City of Misawaka, Indiana, and acknowledged the execution of the foregoing document on the day of 2014. My Commission Expires: , Notary Public Residing in St. Joseph County, Indiana STATE OF INDIANA ) ) ss: ST. JOSEPH COUNTY) Before me, a Notary Public in and for said County and State, personally appeared to me known to be of St. Joseph County, Indiana, and acknowledged the execution of the foregoing document on the day of 2014. My Commission Expires: , Notary Public Residing in St. Joseph County, Indiana I affirm, under the penalties for perjury, that I have taken reasonable care to react each Social Security number in this document, unless required by law. Lawrence J. Meteiver This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200 S County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601, (574) 235 -9294. 5 Exhibit "A" Symbiont Professional Services Agreement 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., $24,000 for a $600,000 grant). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest under Indiana Code § 5 -17 -5. Section 3. Term. This Agreement shall be effective upon execution ( "Effective Date ") and shall end on December 31, 2017 ( "Expiration Date "). Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval of the Parties. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one parry shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other parry. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section 8. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 2 Section 9. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5 - 5(d)(4), payments by the City are subject to annual appropriation by its fiscal body. When the City makes a written determination that funds are not appropriated or otherwise available to support continued performance of this Agreement, this Agreement shall be cancelled. A determination by the City that funds are not appropriated or otherwise available to support continuation of the performance shall be final and conclusive. Section 10. Termination. This Agreement may be terminated, in whole or in part, by the City whenever, for any reason, the City determines that such termination is in the best interest of the City. Termination shall be affected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to termination effective date, specifying the extent to which performance of services under which such termination becomes effective. The Contractor shall be compensated for performance prior to the notice date of termination but in no case shall total payment made to Contractor exceed the original Agreement price due on Agreement. No price increase shall be allowed on individual line items if canceled only in part. Section 11. Non - Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he /she is the Contractor, or that he /she is the properly authorized representative, agent, member or officer of the Contractor, that he /she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 12. E- Verify. The Contractor affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E- Verify program should the E- Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self - employed and does not employ any employees. The Contractor shall require his/her /its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 3 Section 13. Minority and Womens Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ( "MBE ") or as a Women's Business Enterprise ( "WBE ") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE /MBE. A finding of a discriminatory practice by the City's MBE /WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 13. Corporate Authority. The person signing on behalf of the Contractor represents that he /she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 14. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. (Remainder ofpage intentionally left blank) 0 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. SYMBIONT SCIENCE, ENGINEERING AND CONSTRUCTION, INC. 6r+ature Printed ame and Trile Street Address City, State Zip telephone ax CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Kathryn Roos, Member David Relos, Member Brian Pawlowski, Member Patrick Henthorn, Member ATTEST: Linda Martin, Clerk Signature Page to Service Agreement by and between Board of Public Works and Symbiont Science, Engineering and Construction, Inc. EXHIBIT A Proposal Submitted by Symbiont Science, Engineering and Construction, Inc. dated January 20, 2014 EXHIBIT A ENGINEERS SGENNI 1 CONSTRt,CI ORS Mr. Christopher Dressel Planner City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 :"4g co l 81-10. 74&J423 6737 West VJashington Street Suite 3440 Mlwaulaec W( 53214 January 20, 2014 RE: Proposal to Provide Assistance for Preparation and Submittal of a Grant Application to the United States Environmental Protection Agency (USEPA) for Brownfields Coalition Site Assessment Grant Funds Symbiont Proposal No. 33374 Dear Mr. Dressel Symbiont is pleased to submit this proposal to the City of South Bend to prepare an application for a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant. It is our understanding that the City of South Bend, St. Joseph's County, and the City of Mishawaka will represent the coalition members for the basis of this proposal. Assessment grants provide funding for developing inventories of brownfields, prioritizing sites, planning redevelopment, conducting community involvement activities, and performing site assessments and cleanup planning related to brownfields sites. The grant application would be submitted as part of the USEPA Brownfields Grant competition for Fiscal Year 2014. The 2014 grant application guidelines are available at http://www.epa.gov/brownfields/pdfs/fyl4-epa-oswer-oblr-a.pdf. Grant applications are due on January 22, 2014. Given the increasingly challenging environment for developers, funding to perform environmental assessment activities and planning could be a significant tool in allowing the City of South Bend, St. Joseph County, and the City of Mishawaka to support high priority development projects over the next 3 years. By applying for a coalition assessment grant as part of this year's competition the coalition members could have a readily available source of funding for developing a comprehensive brownfield inventory, and for environmental assessment, investigations, area -wide planning and remedial O planning activities needed for redevelopment projects that occur during the anticipated cri 0 grant implementation period of October 2014 through September 2017, a% It is our understanding that the City of South Bend, as required by USEPA guidelines, has 0 been identified as the lead coalition member and; if funded, the City of South Bend will be 0 responsible for administration of the grant, be accountable to the EPA for proper expenditure of the funds, and will be the point of contact for the other coalition members. The goal will be to ultimately function as a Brownfields Team that represents all parties interested. MAL1-A1- 33374- 320.doc © 2013 Symbiont G a, w� 1— Mr. Christopher Dressel City of South Bend January 20, 2014 Page 2 A Memorandum of Agreement (MOA) documenting the coalition's site selection process must be in place prior to the expenditure of any funds that may be awarded. It is up to the coalition to agree internally about the distribution of funds and the mechanism for implementing the assessment work. SCOPE OF WORK Symbiont is recommending that the City of South Bend, St. Joseph County, and the City of Mishawaka complete the following USEPA grant application: A coalition assessment grant to evaluate brownfields sites impacted by hazardous substances and /or petroleum products. The grant would provide $600,000 in funding. The activities to be performed by Symbiont as part of the grant application will include: a Writing of the narrative proposal for the grant application. Assisting the City of South Bend with solicitation of letters of support from the State of Indiana, Congressional representatives, and other stakeholders. Assist in establishing a MOA between the coalition members. a Completing other activities, as necessary, to prepare a grant application with the greatest likelihood of success. SCHEDULE The application deadline for the Fiscal Year 2014 competition is January 22, 2014. A draft copy of the application will be submitted to the City of South Bend at least one week prior to the application deadline. It is anticipated that grant awards will be announced during April or May 2014, with a cooperative agreement in place on or before October 1, 2014. The project implementation period to be specified in the cooperative agreement will likely IT I be October 1, 2014 through September 30, 2017. COST O Symbiont will provide the grant application assistance at our risk, with no compensation unless the application is successful. It is our understanding, if the grant is awarded the City f South Bend is anticipating is may u y p g y issue two different RFPs, for professional services related to implementation of the coalition assessment grant. _� C 4 MAL1 -Al - 33374320.doc V) ©2014 Symbiont Mr. Christopher Dressel City of South Bend January 20, 2014 Page 3 • Should the grant be funded and Symbiont is not selected for the GIS project (GIS Mapping, Brownfield Planning and Phase 1 ESA Area Survey, Corridor Examinations), which is expected to be 33.3% of the funded grant, Symbiont's fee for this application preparation would be 2% of the entire grant amount (i.e., $12,000 for a $600,000 grant), and • Should the grant be funded and Symbiont is not selected for the Environmental Project (Phase Is, Phase Its, Remediation Action Plans), which is expected not to exceed 66.7% of funded grant, Symbiont's fee for this application preparation would be 2% of the entire grant amount (i.e., $12,000 for a $600,000 grant). • If the grant is not funded, Symbiont will not be compensated for preparation of the grant application. STANDARD TERMS AND CONDITIONS Provided within this proposal is our standard rate sheet and Terms and Conditions of Agreement, Form S -1 10 -2013, which is an integral part of our contract for professional services. Please indicate your acceptance of this proposal and these Terms and Conditions by having an authorized representative sign one copy and return it to Symbiont. Thank you for the opportunity to provide you with this proposal. Please call Ryan Eckdale - Dudley at 414 -755 -1131 (direct line) or 414 - 702 -6342 (cell phone) if you have any questions regarding this proposal or require additional information. Sincerely, SYMBIONTO SYMBI N R yan Eckdale - Dudley, GISP Patrick W. Carnahan., P.E. Senior Project Manager Vice President (:C v Attachment MALI- A1- 33374-320.doc © 2014 Symbiont r. ! 1. J a�. �n 4�- Mr. Christopher Dressel City of South Bend January 20, 2014 Page 4 ACCEPTED BY: CLIENT: City of South Bend SIGNATURE: TITLE: DATE: symbiont considers the project approach, design, pricing, data, and other business considerations contained in this proposal to be proprietary and confidential business information to be used solely for the purpose of evaluating the proposal. This document and the information contained herein shell not be used for any purpose other than as stated above and shall not be used, duplicated, or disclosed to any other party without Symbiont's prior written consent. M1L1 -At- 33374- 320.doc © 2014 Symbiont O 1 LY O O 11. a; a_. i STANDARD RATE SHEET SYM B I -r LN<I CERS • CONSTRUCTORS 2014 RATE SCHEDULE Through January 2, 2015 Through our experience with industry and other consulting firms, we recognize a vital client concern is the need for maximum engineering effort at a rate that reflects minimum overhead. This schedule is indicative of that concern. PROFESSIONAL AND TECHNICAL STAFF Principal Engineer /Scientist .............................. ............................... $186/hr Senior Engineer /Scientist /Project Manager ...... ............................... $100 - $170 /hr Engineer /Scientist/Project Manager ................. ............................... $85 - $115/hr Controls & Programming ................................... ............................... $83 - $163/hr CADDesigner ...... :........................................................................... $56- $89 /hr Engineering Technicians /Field Services ............. ............................... $60 - $88 /hr OfficeServices .................................................. ............................... $60 /hr Reimbursable Expenses .................................... ............................... Cost + 10% All rates are subject to change. Q: 4ccounting \Rate Sheets and Charge Back SheetSU014 Symbiont Rate Sheet.dau TERMS AND CONDITIONS EN. INNERS • SCICNT1ST5 JNSTRll CTCRS FORMS- 110.2013 SYMBIONT® SCIENCE, ENGINEERING AND CONSTRUCTION, INC. TERMS AND CONDITIONS OF AGREEMENT These Terms and Conditions of Agreement form the Agreement under which services are to be performed by Symbiont Science, Engineering and Construction, Inc. (hereinafter referred to as Symbiont) upon acceptance of the attached Proposal by the Client. The Scope of Work, Project Cost and Project Schedule sections of the attached Proposal are incorporated by reference into these Terms and Conditions of Agreement and are part of the Agreement. Article 1. Scope of Work It is understood that the Scope of Work and the Project Schedule defined in the Proposal are based, in part, on the information provided by the Client. If this information is incomplete or inaccurate, or if site conditions are encountered which materially vary from those indicated by the Client, or if the Client directs Symbiont to change the original scope of work established by the Proposal, a written amendment to this Agreement equitably adjusting the costs and /or performance time thereunder, shall be executed by the Client and Symbiont as soon as practicable in accordance with Article 28 below. In the event that the Client and Symbiont cannot agree upon the terms and conditions of such amendment, either party may terminate this Agreement immediately upon written notice to the other in accordance with Article 9, Termination. Symbiont shall perform only the services specified in the Scope of Work portion of the Proposal or an amendment thereto as referenced above. Services provided by Symbiont shall be subject to the provisions of this Agreement, including these Terms and Conditions of Agreement, any supplemental conditions incorporated herein, and any written amendments as referenced above. Symbiont shall invoice its costs, and Client shall provide payment for all services provided in accordance with Article 2 below. Article 2. Fees, Billing and Payment Symbiont's fee estimate is effective for thirty (30) days from the date of the Proposal. Thereafter, Symbiont shall have the right to modify its fee estimate. The Client recognizes that Symbiont's fee estimate does not include potentially applicable sales and use taxes. The Client recognizes that time is of the essence with respect to payment of Symbiont's invoices, and that timely payment is a material part of the consideration of this Agreement. Invoices will be submitted by Symbiont no more frequently than monthly, and shall be due and payable within thirty (30) calendar days of the invoice date. If the Client objects to all or any portion of an invoice, the Client shall so notify Symbiont within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. In the event that Symbiont and the Client cannot resolve the dispute regarding invoiced amounts within thirty (30) days after receipt by Symbiont of the aforementioned notice, the dispute shall be submitted to dispute resolution pursuant to Article 11, below. The Client shall pay an additional charge of one- and - one -half (1.5) percent (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by Symbiont more than thirty (30) calendar days from the date of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payment of invoices is in no case subject to unilateral discounting or setoffs by the Client. Application of the percentage rate indicated above as a consequence of the Client's late payments does not constitute any willingness on Symbiont's part to finance the Client's operation and no such willingness should be inferred. If the Client fails to pay undisputed invoiced amounts within thirty (30) calendar days of the date of the invoice, Symbiont may at any time, without waiving any other claim against the Client or the right to pursue any other remedy against the Client and without thereby incurring any liability to the Client, suspend this Agreement, as provided for in Article 8, Suspension, or terminate this Agreement, as provided for in Article 9, Termination. Article 3. Confidentiality Symbiont and Client shall hold confidential all business or technical information obtained from the other or its affiliates under this Agreement for a period of five (5) years after obtaining such information, and during that period shall not disclose such information without the other's consent except to the extent required for (1) performance of services under this Agreement; (2) compliance with professional standards of conduct for preservation of the public safety, health and welfare; (3) compliance with any law, regulation, ordinance, subpoena, court order or governmental request; or (4) protection of the disclosing party against claims or liabilities arising from performance of services under this Agreement. In the event disclosure may be required for any of the foregoing reasons, the disclosing party will, except where immediate notification is required by law or regulation or is, in the judgment of Symbiont's counsel required to limit Symbiont's liability, notify the other party in advance of disclosure. The parties' obligations hereunder shall not apply to information in the public domain or information lawfully acquired on a non - confidential basis from others. R: \Contract Administration \Symbiont Client 10 -2013 Page 1 of 6 Y .=.nGnaeeraS-;u ;a TiSTS CONSTRUCTORS FORMS -110 -2013 Article 4. Independent Contractor Relationship The relationship between the Client and Symbiont created under this Agreement is that of principal and independent contractor. Symbiont shall serve as an independent consultant to the Client and shall be responsible for selecting the means and methods that services will be provided under this Agreement. It is specifically understood that, irrespective of any assignability provisions, Symbiont may retain subcontractors to perform services usually and customarily performed by subcontractors. Should Symbiont determine it appropriate or necessary to rely on a subcontractor where it is not customary to do so, Symbiont shall obtain prior written approval or subsequent written confirmation from the Client. Article 5. Standard of Care Symbiont will perform the Services in accordance with the standards of care and diligence normally practiced by consulting firms performing services of a similar nature in the same locale. Article 6. Timeliness of Performance Symbiont acknowledges that timely performance of its services is an important element of this Agreement. Symbiont will put forth its best effort to complete the work according to the schedule attached in the Proposal. If Symbiont discerns that the schedule shall not be met for any reason, it shall so notify the Client as soon as practically possible so that a mutually agreed on revised schedule can be established. Article 7. Force Majeure Symbiont shall not be considered in default because of any delays in the completion of the work due to causes beyond the control and without the fault or negligence of Symbiont or its subcontractors, including but not restricted to, an act of God or of a public enemy, fire, flood, area -wide strike, freight embargo, unusually severe weather, governmental action, or supplier delay. In the event Symbiont has knowledge of any actual or potential delay, Symbiont shall notify Client in writing of such cases of delay and their probable extent and, upon such notification, Symbiont's performance obligations hereunder shall be suspended. Article B. Suspension Upon fourteen (14) calendar days written notice to Symbiont, the Client may suspend Symbiont's work If payment of Symbiont's invoices is not maintained on a thirty (30) calendar-day current basis by the Client, Symbiont may, by fourteen (14) calendar days' written notice to the Client, suspend further work until payment is restored to a current basis. Suspension for any reason exceeding forty -five (45) calendar days shall, at Symbiont's option, make this Agreement subject to renegotiation or termination, as provided for elsewhere in this Agreement. Any suspension shall extend the time schedule for performance in a manner that is satisfactory to both the Client and Symbiont, and Symbiont shall be compensated for services performed and charges incurred prior to the suspension date, regardless of the reason for the suspension. Article 9. Termination The Client or Symbiont may terminate this Agreement for reasons identified elsewhere in the Agreement. Either party may also terminate this Agreement upon written notice to the other party in the event that the other party becomes insolvent, files a petition in bankruptcy, is adjudicated bankrupt, has an assignee, referee, receiver or trustee appointed in any creditor action, has a petition in bankruptcy filed against it which is not vacated within thirty (30) days or suffers any action analogous thereto. In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore, the Client shall within thirty (30) calendar days of termination remunerate Symbiont for services rendered and costs reasonably incurred, in accordance with Symbiont's fee schedule. Costs shall include those incurred up to the time of termination. Article 10. Notice to Parties All notices required or permitted under this Agreement shall be in writing and shall be made to the parties' usual place of business. R:1Contract Administration \Symbiont Client 10 -2013 Page 2 of 6 S-Y M B 0 40 M -T -NSU E.Er,S • SCIENTISTS CONSIRUCTOaS FORMS - 110.2013 Article 11. Dispute Resolution Client and Symbiont shall provide written notice of a dispute within a reasonable time after the event giving rise to the dispute. Client and Symbiont agree to negotiate any dispute between them in good faith for a period of 30 days following such notice. Client and Symbiont may agree to submit any dispute to mediation, but such mediation shall not be required as a prerequisite to initiating a lawsuit to enforce this Agreement. Either party shall have the right to litigate the claim, dispute or other matter in question in any state or federal court located in Milwaukee County, Wisconsin. In connection therewith, each party agrees to submit to the jurisdiction of such court. In the event that legal action is brought by either party against the other in the Courts (including action to enforce or interpret any aspect of this agreement), the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees, and other documents expenses, in addition to any other relief to which it may be entitled. Client and Symbiont agree to seek recourse only against each other as incorporated (or similar business entities) and not each other's officers, employees, directors or shareholders. Neither party will be responsible to the other for special or consequential damages including but not limited to, loss of profits, loss of investment or business interruption. Article 12. Choice of Law This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin, without reference to conflicts of law principles. Each party hereto consents to the exclusive jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin for any actions, suits or proceedings arising out of or relating to this Agreement. Article 13. Limitation of Liability The Client agrees that the limit of Symbiont's liability for its or its agents', employees' or other representatives' acts, errors, or omissions relating to or arising out of the Agreement, including without limitation, negligent acts, or omissions, shall not exceed the amount of Symbiont's insurance coverage as listed below in Article 14. Article 14. Insurance Symbiont shall maintain the following insurance coverage during the time it is performing services hereunder A. Worker's Compensation: of a form and in an amount as required by state law B. Employer's Liability: $1,000,000 each accident $1,000,000 disease, each employee $1,000,000 disease, policy limit C. Commercial General Liability (bodily injury and property damage — combined single limit): $1,000,000 annual aggregate D. Combined Errors and Omissions and Contractors Pollution Liability: $1,000,000 each incident $2,000,000 annual aggregate Article 15. Indemnification Symbiont agrees to indemnify and hold harmless Client, its directors, officers, stockholders, employees, agents, successors and assigns, from and against any and all claims, demands, causes of action, liability and costs which arise out of or result from any negligent act, omissions, or willful misconduct of Symbiont or Symbiont's employees, agents or subcontractors in the performance of services under this Agreement; provided, however, Symbiont will not be obligated to indemnify Client with respect to costs or damages to the extent such costs or damages are caused by or incurred as a result of negligence or intentional misconduct of Client or Client's agents or employees. Client agrees to indemnify and hold harmless Symbiont, its directors, officers, stockholders, employees, agents, successors and assigns, from and against any and all claims, demands, causes of action, liability and costs which arise out of or result from any negligent act, omissions, or willful misconduct of Client or Client's employees or agents; provided, however, Client will not be obligated to indemnify Symbiont with respect to costs or damages to the extent such costs or damages are caused by or incurred as a result of negligence or intentional misconduct of Symbiont or Symbiont's agents, employees, or subcontractors. R: \Contract Administration \Symbiont Client 10 -2013 Page 3 of 6 S 'I4' M B R 40 KA Eh iNEE,S • SCIENTISTS uSTRUCroaS FORMS - 110.2013 Article 16. Review of Drawings of Contractors In the course of performing services under this Agreement, Symbiont may be asked to review drawings and specifications from contractors engaged to perform work in connection with the project for which the Proposal is submitted. Any such review shall be limited to a review of the general conformance with the design concept of the project and the general compliance with information given in the contractor's documents and as may otherwise be noted by Symbiont on such drawings and specifications. Such review shall in no way limit the liability of the contractor or be deemed an indication that Symbiont has accepted or approved the drawings and specifications in any manner. Article 17. Ownership and Use of Documents and Concepts Client acknowledges that Symbiont reports, drawings, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other similar documents ( "Records ") are instruments of professional services, not products. Symbiont will retain these Records for a period of three (3) years following completion of this project. During this time, Symbiont will reasonably make available these records to the Client. Symbiont may charge a reasonable fee in addition to its professional fees for storing, retrieving, or copying such records. CADD files and any other electronic data submitted by Symbiont shall be reviewed by Client for comparison to the paper contract documents including plans, drawings and specifications. Client shall notify Symbiont within ten (10) business days of any defects it discovers in the files or any inconsistencies between the electronic files and the paper contact documents. Symbiont shall not be responsible for any deviations, alterations, modifications or additions in the electronic data in comparison to the paper contract documents or any reuse of the electronic data by Client or any other party for this project, or any other project without the prior express written consent of Symbiont. Client shall defend, indemnify and hold completely harmless Symbiont against any claims, damages, or losses arising out of any deviations, alterations, modifications, or additions in the electronic data in comparison to the paper contract documents or any reuse of the electronic data without prior express written consent of Symbiont. All documents, including the electronic files that are transferred by Symbiont to Client are Instruments of Service of Symbiont created for this project only, and are not intended to be deemed a sale of the files and data, and NO REPRESENTATION OR WARRANTY IS MADE, EITHER EXPRESS OR IMPLIED, CONCERNING THE MERCHANTABILITY OF THE FILES AND DATA OR THEIR FITNESS FOR A PARTICULAR PURPOSE. Copies of documents that may be relied upon by Client are limited to only the printed copies (also known as hard copies) that contain original signatures and seals of the professional employee(s) of Symbiont. Files in electronic media format of text, data, graphic, or of other types that are furnished by Symbiont to Client are only for the convenience of Client and shall not be construed as containing original signatures and seals of the professional employee(s) of Symbiont. Any conclusion or information obtained or derived from such electronic files will be at the Client's sole risk. Symbiont is not responsible for damages arising out of the use by the Client or the Client's agents of any Symbiont data or report for any purpose other than its original purpose as defined in the Proposal. While Client agrees that any patentable or copyrightable concepts developed by Symbiont as a result of this Agreement shall remain the sole and exclusive property of Symbiont, Client shall retain a right, without the right to grant sublicenses under any patents or copyrights of Symbiont, to use any information or recommendations generated by Symbiont during the performance of this Agreement. Client shall have the right to assign such right to any parry who buys from client the assets of Client relating to the information or recommendations generated by Symbiont under this Agreement. Nothing in this Article 17 shall restrict Symbiont from using any methods, techniques, or concepts developed by it under this Agreement for its benefit or the benefit of any third parry. Article 18. Buried Utilities In those situations where Symbiont performs subsurface exploration, the Client, to the extent of its knowledge, will furnish to Symbiont information identifying the type and location of utilities and other man -made objects beneath the surface of the project site. Symbiont will take reasonable precautions to avoid damaging these utilities or objects. Prior to penetrating the site's surface, Symbiont will furnish Client a plan indicating the locations intended for penetration. Symbiont will not be responsible for damages arising out of contact with unidentified subsurface utilities or objects. Article 19. Extent of Study Client recognizes that actual environmental conditions may vary from conditions encountered at locations where Symbiont makes visual observations, obtains samples, or performs other explorations as part of its services under this Agreement. Symbiont's failure to discover potential environmental contamination or other environmental conditions through appropriate techniques does not guarantee the absence of environmental contamination or other environmental conditions at a site. R: \Contract Administration \Symbiont Client 10 -2013 Page 4 of 6 ` d B 9 7- �`' en .l dt r:s• SCIEN nsrs- ',,oNsTRUCTO ^.s FORMS- 110 -2013 Article 20. Hazardous Substances In the event that services performed under this Agreement involve hazardous substances, as defined in 40 CFR Part 302, including hazardous waste, whether or not such involvement was known or contemplated at the time this Agreement was made or when services performed by Symbiont commenced under this Agreement, the following additional terms and conditions shall apply to this Agreement. Any and all samples collected or received by Symbiont or its subcontractors on behalf of the Client which contain hazardous substances including hazardous waste will be, after completion of testing and at Client's expense, either returned to the Client, or using a manifest signed by the Client as a generator, be transported to a location selected by the Client for final disposal, The Client shall pay all costs associated with the storage, transport, and disposal of all such samples. The Client agrees and recognizes that Symbiont is acting as a bailee and at no time assumes title to any such samples or substances. Symbiont warrants that when making hazardous waste determinations on behalf of Client, Symbiont will use the standard of care and diligence normally practiced by consulting firms performing similar services in the same locale. Symbiont, if requested by Client, will gather bids from various hazardous waste transporters and /or treatment, storage or disposal facilities (TSDFs) that are appropriately licensed or permitted by state, federal and /or local authorities to accept the waste generated by the Client. Client acknowledges that although Symbiont may gather bids from various hazardous waste transporters or TSDFs, that Client has ultimately selected such transporter or TSDF. Client understands that Symbiont has not conducted regulatory compliance audits on such transporters or TSDFs nor does Symbiont make any other warranties or representations other than expressly written in this paragraph related to such transporters or TDSFS. Client acknowledges that Symbiont at no time assumes title to waste generated from Client's facility or site. Client acknowledges that Symbiont has no responsibility as an operator, arranger, generator, treater, storer, transporter, or disposer of hazardous substances found or identified in conjunction with work performed hereunder. Article 21. Third Party Rights Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties other than Client and Symbiont. The services provided by Symbiont hereunder are for the Client only. Article 22. Assignment' Neither party to this Agreement shall assign its duties and obligations hereunder without the prior consent of the other party except as provided in Article 4. Article 23. Lien Notice As required by the Wisconsin Construction Lien Law, Symbiont hereby notifies Client that persons or companies performing, furnishing, or procuring labor, services, materials, plans, or specifications for construction on Client's land may have lien rights on Client's land and buildings if not paid. Those entitled to lien rights, in addition to Symbiont, are those who contract directly with Client or those who give Client notice within sixty (60) days after they first perform, furnish, or procure labor, services, materials, plans or specifications for construction. Accordingly, Client probably will receive notices from those who perform, furnish, or procure labor, services, materials, plans, or specification for construction, and should give a copy of each notice received to the mortgage lender, if any. Symbiont agrees to cooperate with Client and Client's lender, if any, to see that all potential lien claimants are duly paid. If the project site is in a state other than Wisconsin, Symbiont and its subcontractors may also have lien rights on Client's land and building if not paid. Article 24. Waiver No waiver by Symbiont of any term or condition set forth herein or the breach by the Client of any such term or condition, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed as a further or continuing waiver of any such term, condition or breach or a waiver of any other term, condition or breach. Article 25. Headings The subject headings in this Agreement are for convenience only and are not determinative of the substance of the subject clause. R:\ContmctAdministration\Symbiont Client 10 -2013 Page 5 of 6 QL .J cN3INS -Eas � s'atNnSTS oNSraucrU as FORMS - 110 -2013 Article 26. Entire Agreement The parties agree that this Agreement, together with proposals and attachments, represents the entire and integrated agreement between the Client and Symbiont and supersedes all prior communications, negotiations, representations, quotations, offers or agreements, either written or oral between the parties hereto, with respect to the subject matter hereof, and no agreement or understanding varying or extending this Agreement shall be binding upon either Party, other than by a written agreement signed by both the Client and Symbiont. If additional documents represent the agreement of the parties, such documents must be itemized in Symbiont's proposal. The parties agree that the provisions of these terms and conditions of this Agreement shall control over and govern as to any subsequent form or document signed by the Parties, such as Owner's Purchase Orders, Work Orders, etc. and that such documents may be issued by Owner to Symbiont as a matter of convenience to the Parties without altering any of the terms or provisions hereof. Article 27. Severability If any provision or part of a provision of this Agreement is declared to be invalid by any tribunal of competent jurisdiction, such part shall be deemed automatically adjusted, if possible, to conform to the requirements for validity, but if such adjustment is not possible, it shall be deemed deleted from this Agreement as though it had never been included herein. In either case, the balance of any such provision and of this Agreement shall remain in full force and effect. Article 28. Contract Amendments Any amendments to the Proposal or these Terms and Conditions of Agreement shall be executed by means of a written contract amendment, signed by the Client and Symbiont. Changes to the Agreement will not become effective until the contract amendment has been signed by both parties. The contract amendment will document the specific changes to the Agreement along with any resulting adjustment in cost and /or schedule. Article 29. Execution of Agreement These Terms and Conditions of Agreement are cross referenced in Symbionfs Proposal and are accepted when the Proposal is executed by the Client or when the Client authorizes Symbiont to proceed with the Scope of Work. Client's representative represents that he /she is duly authorized to enter into and sign this Agreement. The parties agree that Symbiont's Proposal may be executed by Client and delivered to Symbiont via facsimile or other electronic means, and such facsimile or other electronic copy will constitute an original. R1Contract Administration \Symbiont Client 10 -2013 Page 6 of 6 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 �. Mr. Oliver Davis June 18, 2014 Page 2 high priority development projects within their jurisdictions over the next three years. This Interlocal Agreement will be of significant benefit to South Bend in its redevelopment efforts. Chris Dressel or another staff member from the Department of Community Investment will present this Resolution to the Common Council. Thank you for your consideration. J. Meteiver City Attorney Filed in Clerks WOO JON m 40 j CITY C4MI , 9s UTH 09NV Iw