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Subject: Request by K. Singh & Associates for permission to apply for PECFA Reimbursement for Walker Manufacturing site. (Res.09-1239)
Recommendation of the Public Works and Services Committee on 12-9-08, 1-13-09, and 1-27-09: Defer
Recommendation of the Public Works and Services Committee on 2-10-09: That the Mayor and City Clerk be authorized and directed to enter into an agreement with K. Singh and Associates to submit PECFA reimbursement claim to the Wisconsin Department of Commerce for PECFA eligible costs at the former Walker Site, 1201 Michigan Boulevard, with the following stipulations:
A. K. Singh and Associates waives any and all claims that this agreement creates a duty by the City of Racine to obtain PECFA funds.
B. K. Singh and Associates hereby indemnifies and shall defend and hold harmless the City of Racine against any and all actions, suits, claims and administrative procedures arising from the seeking of or receipt of such funds.
C. K. Singh and Associates shall bear full responsibility for timely submission of documents to all agencies and shall hold the City of Racine harmless for failing to submit or making incomplete submissions to any agency regarding any matter concerning the PECFA reimbursement.
D. K. Singh and Associates shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to requirements for PECFA reimbursement.
E. K. Singh and Associates shall maintain liability insurance satisfactory to the City of Racine.
Fiscal Note: There will be no cost to the City of Racine for entering into this agreement. Further, it is the intent of this agreement to pass along any PECFA funds that are received to K. Singh and Associates for their previous costs in remediating a portion of the Walker Site.