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Memorandum of Understanding - 2021 Contractor Paving, Round III Proj No. 121-049 – St. Joseph County
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Memorandum of Understanding - 2021 Contractor Paving, Round III Proj No. 121-049 – St. Joseph County
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3/8/2022 3:32:20 PM
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Board of Public Works
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Contracts
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3/8/2022
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2 <br />4. Construction Inspection Services. It shall be the County’s sole responsibility and <br />expense to inspect the construction services for the Project. <br /> <br />5. Supplemental Documents. The City and the County agree to execute any and all <br />supplementary documents and to take any and all supplementary steps as are reasonable and <br />appropriate to accomplish the purposes and provisions of this Agreement. <br /> <br />6. Non-Discrimination. Pursuant to Indiana Code 22-9-1-10, neither the City, the County <br />nor any of its contractors or subcontractors shall discriminate against any employee or applicant <br />for employment, to be employed in the performance of any work under this Agreement with <br />respect to hire, tenure, terms or conditions or privileges of employment, or any matter directly or <br />indirectly related to employment because of race, color, religion, sex, disability, national origin, <br />or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. <br /> <br />7. Miscellaneous <br /> <br />a. Amendment. This Agreement, and any exhibits attached hereto, may be amended only <br />by the mutual written consent of the parties, by the adoption of a resolution of either Board <br />approving said amendment as provided by law and by the execution of said amendment by both <br />parties. <br /> <br />b. No Other Agreement. Except as otherwise expressly provided herein, this Agreement <br />supersedes all prior agreement, negotiations, and discussions relative to the subject matter hereof <br />and is a full integration of the agreement of the parties. <br /> <br />c. Severability. If any provision, covenant, agreement or portion of this Agreement or its <br />application to any person, entity or property is held invalid, such invalidity shall not affect the <br />application or validity of any other provisions, covenants, agreements, or portions of this <br />Agreement, and to that end, any provisions, covenants, agreements or portions of this Agreement <br />are declared to be severable. <br /> <br />d. Indiana Law. This Agreement shall be governed by and construed in accordance with the <br />laws of the State of Indiana. <br /> <br />e. Notice. Any notices required or permitted under this Agreement shall be given to the <br />parties at their respective mailing addresses provided below by deposit in the United States mail, <br />certified mail, return receipt requested, with proper postage affixed thereto, and which notices <br />shall be effective three (3) days after date of mailing: <br /> <br />County: Board of Commissioners of the County of St. Joseph, Indiana <br /> 227 W. Jefferson Blvd. <br /> County-City Building <br /> South Bend, Indiana 46601 <br /> <br /> With copies to: <br />
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