Interlocal Agreement - Biological Monitoring of St. Joe River – Elkhart Depart. of Public Works

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photographed for a voucher museum. The museum shall be separately maintained from other collections and shall be located at the City of Elkhart's Public Works and Utilities facilities, 1201 South Nappanee Street, Elkhart, Indiana. 6. Personnel from the Elkhart Department of Public Works and Utilities shall be available to consult the City of South Bend and members of the public on issues related to these investigations. These services include, but are not limited to, advising City of South Bend staff, generating reports or supporting documentation on issues related to St. Joseph River investigations, and performing public outreach through presentations and demonstrations. 7. The duration of this Agreement shall be three (3) years (2024, 2025, and 2026). 8. For the services outlined above, South Bend shall pay Elkhart the sum of Eighty Thousand Dollars ($80,000.00) per year. Elkhart shall invoice South Bend after the execution of this Agreement, and South Bend shall pay the invoiced amount within forty (40) days of receipt. 9. This Agreement may be terminated by either Elkhart or South Bend upon written notice to the other party no later than thirty (30) days prior to the end of the program year. 10. INDEMNIFICATION. South Bend agrees to indemnify, defend, and hold harmless Elkhart and its agents, officers, and employees for all claims and suits of any nature whatsoever arising from Elkhart's performance of the provisions of this Agreement, including acts of negligence. Further, South Bend agrees to pay all judgments and the costs and expenses in defending or appealing said claims for judgment incurred by Elkhart, including without limitation court costs and attorney's fees. 11. NON-DISCRIMINATION. Pursuant to Indiana Code § 22-9-1-10, neither Elkhart nor South Bend nor any of their contractors or subcontractors shall discriminate against any —3—