MOU - Study to Upgrade Sanitary Sewer – St. Joe County Board of Comm.

Home Browse Search

MEMORANDUM OF UNDERSTANDING REGARDING THE SANITARY SEWER UPGRADE STUDY This Memorandum of Understanding (“MOU”), is made and entered into this ___ day of ___________, 2023, by and between the St. Joseph County Redevelopment Commission (the “RDC”), the St. Joseph County Board of Commissioners (the “County”), and the City of South Bend, Indiana Board of Public Works (the “City”). RECITALS WHEREAS, the RDC is considering certain utility improvement needs for the Indiana Enterprise Center (“IEC”); and WHEREAS, part of the utility improvements under consideration include possible upgrades to the sanitary sewer system provide by the City to the IEC (the “SSS”); and WHEREAS, the SSS is currently owned and operated by the City; and WHEREAS, an engineering study is needed in order to determine what upgrades to the SSS may be necessary in order to accommodate future development in the IEC; and WHEREAS, the RDC desires to pay for any costs associated with the hiring of an engineer for the study of the SSS upgrades; and WHEREAS, this MOU serves to summarize the agreement between the parties related to said funding. NOW, THEREFORE, in consideration of the foregoing premises and of the promises and commitments herein contained, the parties hereby understand and agree as follows: 1.Engineering Study. An engineering study is necessary in order to determine what upgrades may be necessary to the SSS in order to accommodate future development in the IEC. The County has obtained a proposal from DLZ to do this study (the “SSS Upgrade Study”) and desires to retain DLZ for this purpose. 2.Funding for Engineer’s Services. The RDC agrees to pay for all fees and costs associated with the SSS Upgrade Study. 3.Study Documents. The parties to this MOU agree to share all documents related to the SSS Upgrade Study, including but not limited documents related to designs, etc. The parties agree to provide to DLZ all relevant information needed for DLZ to complete their studies and services by the deadlines indicated in the agreement between the County and DLZ. 4.Funding for Improvements and Upgrades to WTP Not Addressed. This MOU does not address any funding needs for improvements and upgrades identified by the SSS Upgrade Study. Any such funding needs will be addressed and negotiated separately by the parties outside this MOU and no obligations related to such funding are created herein. 5.Non-Discrimination. Pursuant to Ind. Code § 22-9-1-1-10 and the St. Joseph County Human Rights Ordinance, no party to this MOU nor any of their contractors or 9th. May