MOU - Sanitary Sewer Improvements – St. Joseph County

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2 the right to provide additional inspection services as well as the ability to assign an engineer to the Upgrade project, at its own expense, once construction commences. 4. Sharing of Information. The City, upon request, agrees to share with the RDC and County, and their engineers and consultants, any and all information reasonably necessary for design, construction, and completion of the Upgrades. RDC and the County agree and understand that the City must approve any and all design specifications for the Upgrades, which approval shall not be unreasonably withheld and shall be provided within a reasonable time, and, the City may require reasonable changes to specifications so that the Upgrades conform to the City’s standards. The RDC and the County reserve the right to review the City’s requested changes and shall not be required to pay for any changes which the RDC and County do not agree. 5. Bonding. RDC and the County agree and understand that the City shall be named as a beneficiary of any payment, maintenance, or performance bond contemplated under Title 36 of the Indiana Code or the City’s Prevailing and Supplemental Specifications and that should a dispute or issue arise related to the integrity of the construction on the Upgrades , RDC and the County shall apply the proceeds of the bonds to the City. The RDC and County’s requirement under this Section to apply bond proceeds shall only be applicable to the extent that said proceeds are payable under the bonds. Application of the bond proceeds shall be the only financial responsibility of the RDC and the County under this Section. Further, the City agrees to take any action necessary to make claims under any applicable warranties which may be available under the Upgrades. 6. The Parties hereto agree and understand that any and all future property developments which connect to the Upgrades contemplated in this MOU shall be subject to the City Ordinances, including local rules and rates related to water, sewer, stormwater and system development charges. 7. 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 subcontractors shall discriminate against any employee or applicant for employment, to be employed in the performance of any work under this MOU with respect to hire, tenure, terms or conditions or privileges of employment, or any matter directly or indirectly related to employment because of race, color, religion, sex, disability, national origin, ancestry, or veteran status, or any other protected class under federal, state, or local law or ordinance. Breach of this covenant may be regarded as a material breach of this MOU. 8. Duration of MOU. This MOU will remain in full force and effect until the completion of the SSS Upgrades or termination by either party upon providing thirty (30) days written notice to the other party. 9. Miscellaneous: (a) Amendment: This MOU may be amended only by the mutual written consent of the parties approved and executed in the same manner as this Agreement.