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HomeMy WebLinkAboutApproving an Interlock Agreement the City South Bend Public Transportation Corp and Appropriating $972,500.00 Compressed National Gas Fueling Facility ProjectORDINANCE No. 10292 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: JOHN February 24, 20 14 City Clerk President of Common Council Presented by me to the MayorVf the City of South Bend, Indiana February 25, 20 14 JOHN VOORDE Approved and signed by me F £g K� Q ZS 20 G City Clerk BILL NO. t ORDINANCE NO. ( O 2 U Z— t AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT STATEMENT OF PURPOSE AND INTENT The South Bend Public Transportation Company ( "TRANSPO ") is a political subdivision of the State of Indiana, and the recipient of a grant from the United States Department of Energy to design, develop, and construct a Compressed Natural Gas (CNG) fueling station and facility on the site of TRANSPO's headquarters at 1401 South Lafayette Boulevard, near downtown South Bend, Indiana. The City of South Bend (the City) desires to, and would greatly benefit from partnering with TRANSPO in the furtherance of this CNG fueling station and facility project. Such a project is within the scope of Indiana Code Section 36 -1 -7 -1 et. Seq. which provides for Interlocal Cooperation between one or more governmental entities, and the Project as described constitutes an economic development project under I.C. 36- 1 -7 -11.5 because it involves "transportation services [and] transportation infrastructure ". As early as 2010, the City began pursuing use of CNG for use in transportation fuel, and in 2013 the City acquired four solid waste trucks which use CNG exclusively. The cost of fuel for these trucks has been closely monitored and it is substantially lower than the cost of gasoline (presently a cost of $33 per diesel gallon equivalent). Moreover, CNG is environmentally cleaner with reduced emissions in all categories, and it is a domestic fuel, which reduces security risks to the country Partnership with TRANSPO on the fuel station and facility is expected to further reduce the City's transportation fuel costs, as the City expands its use of CNG fueled vehicles. The proposed Interlocal Agreement which is attached hereto and incorporated herein as Exhibit A constitutes an equal (50150) partnershiD between the City and TRANSPO for costs and benefits. It is estimated the City will recoup its entire investment within 60 months of operation. Approval of this Interlocal Agreement is in the best economic and environmental interests of the City and its citizens, and appropriation of the sum of Nine Hundred Seventy -Two Thousand Five Hundred dollars ($972,500) which is the City's contribution to the CNG fueling station construction Project contemplated by the Interlocal Agreement, is a sound investment for the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The proposed Interlocal Agreement attached hereto and incorporated herein as Exhibit A is hereby and in all ways approved, and upon its signature by the Mayor of South Bend, and approval by the fiscal body of TRANSPO, it shall be filed with the Mayor of South Bend and with the St. Joseph County Auditor. SECTION II. The sum of Nine Hundred Seventy -Two Thousand Five Hundred Dollars ($972,500) is hereby appropriated from and set aside within County Option Income Tax (COIT) Fund #404 for City's required contribution to the costs of participating in the construction of a Compressed Natural Gas (CNG) fueling station and facility at 1401 South Lafayette Boulevard, South Bend, Indiana, pursuant to the Interlocal Agreement between the City and the South Bend Public Transportation Corporation ( TRANSPO) which is Exhibit A hereto. SECTION III. Pursuant to Ind. Code 36 -1 -7 -11.5, the appropriated sum shall be paid to TRANSPO per the terms and conditions of the Interlocal Agreement (Exhibit A). SECT 'V. This Ordinance shall be in full force and effect from and after its passage by e Co on Council, approval by the Mayor, and any notice or filing required 0 lam Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the LS"I'day of 2014, at IO'.z -q' o'clock Q . m. City erk t f1, Approved and signed by me on the IS' day of F 18 G u AIL y , 2014, at S o'clock ?. M. Mayor, City ut end, Indiana 9 at RWADIR a Z —L O-- i y PUBLIC- HEARIIRG 2-- V-`l'1 y .Ira READING Z Lei- -t y NOT APPROVED RMRRED PASSED Hied in _ : Office F.:iAIN-1 2,2 ZQ` CITY CLERK, WfTVUEND,tN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -14 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT 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 Personnel & Finance and Public Works and Property Vacation Committee. Valerie Schey Chairperson, Committee of the Whole CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 0 Floor, County -City Building South Bend, IN 46601 Re: A Bill to Approve TRANSPO Interlocal Agreement and To Appropriate Funds for Compressed Natural Gas Fueling Station Dear President Davis: Attached is an ordinance which approves an Interlocal Agreement with TRANSPO for the construction and operation of a Compressed Natural Gas (CNG) Fueling Station and which appropriates $972,500 for the City's share of this interlocal government project. South Bend has been using CNG exclusively in four solid waste trucks purchased by the City in 2013, and the fuel costs of these trucks have been closely monitored. Substantial savings has been achieved; presently the cost of CNG is about $.73 per diesel gallon equivalent. Moreover, CNG is environmentally cleaner with reduced emissions in all categories. The South Bend Public Transportation Company ( TRANSPO) has received a federal grant from the U.S. Department of Energy to design, develop and construct a CNG fueling station and facility. It is desirable that the City of South Bend enter an interlocal partnering agreement to construct and share the costs and benefits of such facility. The City's share is $972,500, to be appropriated from COIT funds, and it is estimated that the City will recoup its entire investment within 60 months of the CNG facility's operation. At this time the ordinance is being submitted without the Interlocal Agreement which is in the process of final draft. I will provide the Council with the proposed Interlocal Agreement well in advance of the second and third reading of this Bill. r*d, CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS I will present this Ordinance to the Council at its appropriate Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. c: Kathryn Roos Jonathan Burke John Murphy Sincerely, Eric C. Horvath Director, Public Works Red i )f'ice 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 conditions by which the parties agree to utilize the funds allocated by the support of the project set forth herein. H. Additionally, the City and TRANSPO enter into this Agreement to provide the initial framework for the allocation and distribution of any and all profits that might be generated from the sale of compressed natural gas at the facility to third parties. The City and TRANSPO agree that they will negotiate the terms of a separate agreement that sets forth in greater detail the parties' respective responsibilities concerning the daily operation of the facility; the specifics concerning the manner of operating the facility; the allocation of profits from the facilities' operation, and the management structure of the operational facility. NOW, THEREFORE, in consideration of mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. PURPOSE OF AGREEMENT AND GRANT OF DEPARTMENT OF ENERGY FUNDS. Through this Agreement, TRANSPO agrees to use the Grant funds from the United States Department of Energy in the amount of $951,500.00 exclusively for the design, development and construction of a compressed natural gas fueling station facility to be located at TRANSPO's headquarters on 1401 South Lafayete Boulevard, South Bend, St. Joseph County, Indiana 46224, which facility shall benefit both Transpo and the City in promoting fuel economy, efficiency, and environmental protection. SECTION 2. THE CITY'S RESPONSIBILITIES. A. The City agrees to contribute capital contribution exclusively towards the design, development and construction of the compressed natural gas fueling station facility in the maximum amount of Nine Hundred Seventy -two Thousand Five Hundred Dollars and 00 /100 ($972,500.00). This amount shall be paid by the City as set forth herein subject to approval of the City's fiscal body, the South Bend Common Council. SECTION 3. TRANSPO'S RESPONSIBILITIES. A. TRANSPO agrees to construct the compressed natural gas fueling station facility pursuant to the technical specifications identified in a Request for Proposal to be developed by TRANSPO with consultation by the City. B. TRANSPO shall be solely responsible for all work related to the design, development and construction of the compressed natural gas fueling station facility contemplated by this Agreement including but not limited to: (1) design work; (2) issuing and/or obtaining all permits, licenses, easements, and approvals necessary to perform the construction work; (3) construction work; and (4) contract administration and payment of all fees, wages, and other costs. "Construction work" shall include, but is not limited to, all demolition, removal, excavation, production, construction, repair or other work necessary to develop the improvements. C. The City will reimburse TRANSPO as set forth herein this Agreement for a portion of these costs. D. TRANSPO shall require any contractor(s) it hires to obtain and maintain primary coverage for Commercial General Liability, Professional Liability, Environmental Liability and Commercial Automobile Liability insurance in amounts required by TRANSPO and the City for other construction projects of similar size and cost. All insurance shall include the City and TRANSPO and their respective officers, officials, agents, and employees as additional insureds and shall contain "severability of interest" (cross liability) wording. The contractor's insurance shall be primary to and not contributing with any insurance or self - insurance, which may be carried by the City and/or TRANSPO. E. Upon completion of all improvements and the acceptance by parties, the title and ownership of the same shall become the property of TRANSPO and TRANSPO shall be responsible for their operation, use, cleaning, utilities, maintenance, repair and replacement as necessary for each improvement's useful life. TRANSPO may assign responsibility for tasks such as cleaning, maintenance, repair or replacement of some or all of the improvements to a third party. F. The City and TRANSPO agree that in the event the costs associated with the design and construction of the facility exceeds the contribution by the City and the Grant received by TRANSPO, the parties shall negotiate a mutual agreement setting forth the allocation of all additional costs, including the parties' obligations concerning any required local match of funds. SECTION 4. REIMBURSEMENT OF ELIGIBLE COSTS AND REPORTING. A. Payment of Funds Committed Under This Agreement 1. TRANSPO shall invoice the City for any costs incurred pursuant to this Agreement. The invoices shall be submitted on a monthly basis and will include supporting documentation. The invoices shall show the total amount expended during the billing period and will seek reimbursement of eligible costs from the City up to the maximum total reimbursable amount of $972,500.00. 2. TRANSPO agrees to provide the City with monthly progress reports regarding the design, development and construction of the facility. TRANSPO also agrees to make facility available during all stages of design, development and construction for inspection by the City, the City's designated officials or representatives, during normal business hours. B. During the final design and construction of the improvements, TRANSPO shall submit documentation to support its invoices consisting of project expense reports from TRANSPO financial system and invoices from any contractors and consultants documenting direct costs incurred by TRANSPO on this Project. C. Within thirty (30) days of its approval of an invoice from TRANSPO, the City shall reimburse TRANSPO for all reimbursable project costs. SECTION 5. GENERAL DURATION AND INITIAL OPERATIONAL AGREEMENT A. The City and TRANSPO enter into this Agreement to provide the initial framework for the allocation and distribution of any and all profits that might be generated from the sale of compressed natural gas at the facility to third parties. The City and TRANSPO agree that within a reasonably prompt time after the facility is constructed and ready for operation they will negotiate the terms of a separate agreement that sets forth in greater detail the parties' respective responsibilities concerning the operation and management structure of the facility; the specifics concerning the operation of the facility; and the allocation of profits from the facilitiy's operation. It is the parties' intent that the terms of their Agreement remain and endure for as long as the compressed natural gas facility is operated for its intended purpose of selling and distributing compressed natural gas. B. Initially and subject to a more formal agreement as set forth above, the City and TRANSPO agree that the parties shall contribute evenly (50% to each party) to the costs of the operation of the facility. C. The City and TRANSPO agree that TRANSPO shall have the ability, after consultation with the City, to engage a third party entity experienced with operation of CNG facilities to operate the fueling station. The costs of engaging the third -parry to operate the facility shall be split evenly (50% to each party) between the parties. D. The parties shall split evenly (50% to each party) any profits the fueling facility generates. Prior to the distribution of any profits, the parties agree that TRANSPO shall set aside an agreed amount of the proceeds from every unit of gas sold into a dedicated maintenance fund that will be used to maintain the facility. E. E. The Management Structure for oversight of the facility after its construction will involve either administration through a separate legal entity, or by a joint board composed of representatives of the City and TRANSPO. SECTION 6. COMPLIANCE WITH LAWS. The parties shall comply with all applicable federal, state, and local laws and regulations in performing under this Agreement including all Federal Transit Administration ( "FTA ") Regulations. SECTION 7. LEGAL RELATIONS. A. This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. This Agreement is formed solely as an interlocal cooperation project under IC 36 -1 -7. B. This Agreement shall be interpreted in accordance with the laws of the State of Indiana in effect on the date of execution of this Agreement. The Circuit or Superior Courts of St. Joseph County, Indiana shall have exclusive jurisdiction and venue over any legal action arising under this Agreement between the City and TRANSPO. C. Each party shall be solely and completely responsible for all acts and omissions of its employees, volunteers and all other such persons acting on its exclusive behalf. TRANSPO acknowledges that the City shall have no responsibility for overseeing or monitoring the performance of the work on the project. D. The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement. SECTION 8. TERMINATION AND DISPOSITION OF ASSETS UPON TERMINATION. A. This Agreement shall take effect upon its signing by both parties. Either party may terminate this Agreement in the event the other fails to perform a material obligation under this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such other party. Notice of termination of this Agreement shall be given by the party terminating this Agreement to the other party not less than thirty (30) days prior to the effective date of termination. B. If the facility to be constructed under this Agreement ceases to or fails to operate for reasons unrelated to performance of either party, then, if the terms and conditions of the Department of Energy Grant and Federal Transit Administration rules or regulations permit, the assets of the facility may be transferred by agreement to a similar governmental entity. If sale occurs, or consideration for the assets is given or required upon any transfer or disposition of the facility or its parts, the net proceeds shall be divided equally between the parties unless expressly prohibited by the terms or conditions of the Department of Energy Grant or Federal Transit Administration rules or regulations. SECTION 9. RECORD KEEPING. TRANSPO shall keep accurate records of all activities and expenditures conducted and incurred under this Agreement and report progress in achieving the performance measures identified by TRANSPO and the City. SECTION 10. AUDITS, INSPECTIONS and RETENTION OF RECORDS. The Department of Energy, the City and the State Auditor of Indiana, and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of TRANSPO's records with respect to all matters covered by this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all Agreements, invoices, materials, payrolls, and other matters covered by or related to this Agreement. SECTION 11. FEDERAL REQUIREMENTS. A. This Agreement is subject to a financial assistance between the City and TRANSPO which includes provisions of the financial assistance agreement between the City and TRANSPO and the Department of Energy or the FTA. The City shall comply with all applicable federal laws, regulations, policies, procedures and directives, including but not limited to the following, which are attached hereto and incorporated herein by this reference: 1. The requirements and obligations imposed on TRANSPO by the Department of Energy through the Grant. 2. Applicable Department of Energy Third Party Contract Provisions. 3. Debarment and Suspension certification. B. New federal laws, regulations, policies, procedures and directives may be adopted after the date this Agreement is established and may apply to this Agreement. TRANSPO agrees to accept and comply with all applicable laws, regulations, policies, procedures and directives as may be amended or promulgated from time to time during the term of this Agreement. C. TRANSPO shall not perform any act, fail to perform any act, or refuse to comply with any requests by the City which would cause the City to be in violation of any federal, state or local law. D. TRANSPO and the City acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of this solicitation or award of this Agreement, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to TRANSPO, City or any other party (whether or not a party to this Agreement or any Agreement awarded pursuant thereto) pertaining to any matter resulting from this Agreement. E. TRANSPO agrees to extend application of the federal requirements to its subrecipients or contractors, and their respective subcontractors, by including this Section and the related exhibits in each contract and subcontract TRANSPO awards under this Agreement financed in whole or in part with Federal assistance provided by Department of Energy. It is further agreed that this Section shall not be modified, expect to change the names of the parties to reflect the subrecipient or contractor which will be subject to its provisions. SECTION 12. CIVIL RIGHTS. The following requirements apply to the underlying Agreement and TRANSPO's performance of the design, development and construction of the facility: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements Department of Energy may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity, 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements Department of Energy may issue. 2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements Department of Energy may issue. 3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements Department of Energy may issue. C. TRANSPO also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by Department of Energy, modified only if necessary to identify the affected parties. SECTION 13. SUCCESSION. This Agreement, together with all exhibits now or hereafter made a part, shall be binding on the parties and their respective heirs, executors, administrators, successors and assigns. SECTION 14. ASSIGNMENTS. Neither this Agreement nor any interest herein may be assigned by TRANSPO and the City without the prior written consent of the parties . SECTION 15. NOTICE REQUIREMENTS. Any notice given under this Agreement shall be in writing and given by sending such notice by registered mail, return receipt requested, with postage prepaid, addressed as follows, or at such other address as the party to be notified shall have last directed in writing, or by serving said notice personally. TRANSPO: David Cangany General Manager 1401 S. Lafayette Blvd. South Bend, Indiana 46624 M1 Jamie C. Woods, Esq. General Counsel for TRANSPO 420 Lincolnway West P.O. Box 1210 Mishawaka, Indiana 46546 -1210 CITY: Pete Buttigieg, Mayor 227 W. Jefferson Blvd. Suite 1400 N South Bend, IN 46601 and Cristal Brisco Corporation Counsel 227 W. Jefferson Blvd. Suite 1200 S South Bend, Indiana 46601 The effective date of notice shall be the date of personal service or the date of receipt as shown on the return receipt, as applicable. SECTION 16. AMENDMENT and EXTENSION. This Agreement and the exhibits now or hereafter a part of this Agreement shall not be deemed amended in any manner unless such amendment is in writing and signed by a duly authorized representative of each party. SECTION 17. SEVERABILITY. If any portion of this Agreement is ruled by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by a duly authorized representative. The City of South Bend, Pete Buttigieg, Mayor Chairman, South Bend Public Transportation Corporation General Manager, South Bend Public Transportation Corporation ATTEST: Secretary, South Bend Public Transportation Corporation iied in CCerx's ®f'; 10 1 1Ii ?f077- _t CITY CLERSK, sit€ 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW Mr. Oliver Davis President, South Bend Common Council 4 1 Floor, County-City Building South Bend, IN 46601 February 7, 2014 PHONE 574/235 -9241 FAX 574/235 -7670 AIADEAN M. DEROSE CITY ATTORNEY Re: Bill 405 -14 to Approve TRANSPO Interlocal Agreement and To Appropriate Funds for Compressed Natural Gas Fueling Station Dear President Davis: As you know, when the above described ordinance was filed with the South Bend Common Council, it did not include a copy of the Interlocal Agreement to be approved by the Council. That is because the City's Legal Department was then working with TRANSPO's counsel on a final draft containing mutually agreeable terms. I am now pleased to provide the Common Council with the Interlocal Agreement containing terms of the Compressed Natural Gas (CNG) fueling station project with TRANSPO as agreed between the City and TRANSPO. Upon approval of this Agreement by the Common Council, it will be signed by Mayor Buttigieg as provided by law, and I understand that TRANSPO's Board will then approve it so it can be signed by TRANSPO's authorized representative. Please note that the attached Agreement provides primarily for the construction phase of the project and that once the CNG station is constructed, the parties will execute an addendum containing more details about the operation of the station under the general parameters, terms and conditions of the attached Agreement. c: Eric Horvath Cristal Brisco Jamie C. Woods Kathryn Roos Jonathan Burke John Murphy Sincerely Aean M. DeRose City Attorney °sied in Clark's CITYCLVII;s, rJcJc l "rS i�1"�, {ta i CHRRYL A. GREENE ANN -CAROL NASH CARRIE GAINES CORY HAME.L LAWRENCE. J. METEIVER TASHA REED OUTLAW JEFFREY L. SANFORD