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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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