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Home My WebLink AboutInter-Local Agreement - City of Elkhart - Assess Biological Life of the St Joseph River1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUS J i BEND. I NDIANA 4 6601-183 0 CITY OF SOUTH BEND PEn BUTTIGIEG, MAY" BOARD OF PUBLIC WORKS I April 10, 2018 Nancy Wilson City of Elkhart Board of Public Works 1201 S. Nappanee St. Elkhart, IN 46516 RE: Inter -Local Agreement Dear Ms. Wilson: PHONE 574/2,35-9251 FAX 574/ 235-9,171 The Board of Public Works, at its meeting held on April 10, 2018, approved the above referenced agreement to assess the biological life of the St. Joseph River in the amount of $80,000 per year, for three (3) years. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, A — Linda M. Martin, Clerk Enclosure c: Kieran Fahey, Engineering GARY A, GILOT SUZANNA M, FRtTZBLRo, ELIZABE'rii A. MARADIK JAMEs A. MUELLER 'n I[] RESE J. DORAU Timothy Neese Mayor Laura Kolo broironmenial Resources Michael C. Machlan, FE, T'jigincering Services March 6, 2018 Kieran Fahey Dept. of Public Works 227 W Jefferson Blvd Suite 1316 N South Bend, IN 46601 Re: Inter -Local Agreement For Biological Monitoring Dear Kieran, Public Works & Utilities Departnient Adirdidstralion, Fnghieering & Laboratory 574293,2572 Utility Billhig 574.264.4273 1201 S. Nappanee St, Elkhart, Indiana 46516 Enclosed you will find a copy of the Inter -Local Agreement Between Elkhart and South Bend for biological monitoring in the St. Joseph River Watershed. Elkhart greatly appreciates South Bend's partnership in evaluating the impacts that our communities have on the St. Joseph river. If you have any questions, don't hesitate to contact me, Sincerely, Daragh Deegan Aquatic Biologist INTERLOCAL AGREEMENT BETWEEN THE ELKHART DEPARTMENT OF PUBLIC WORKS AND UTILITIES AND THE SOUTH BEND DIVISION OF ENVIRONMENTAL SERVICES This Agreement is entered into this day of , 2018, by and between the Elkhart Department of Public Works and Utilities, acting through the Elkhart Board of Public Works (hereinafter referred to as "Elkhart"), and the South Bend Division of Enviromnental Services, acting through the South Bend Board of Public Works (hereinafter referred to as "South Bend") RECITALS: WHEREAS, Elkhart currently conducts fisheries investigations of the St. Joseph River watershed in and around the City of Elkhart; and, WHEREAS, Elkhart has acquired the equipment, the expertise, and has devoted and trained the necessary personnel to conduct the investigations; and, WHEREAS, South Bend desires to utilize Elkhart's expertise by contracting for the services at an annual fee; and, WHEREAS, Elkhart is willing to provide the services. NOW, THEREFORE, for the considerations hereinafter specified, Elkhart and South Bend mutually agree as follows: 1. Personnel from the Elkhart Department of Public Works and Utilities shall conduct fisheries investigations of the St. Joseph River watershed in and around the City of South Bend. All personnel involved with these investigations shall be employees of the City of Elkhart, and shall receive their usual and customary compensation and benefits, including but not limited to being covered by Elkhart's worker's compensation insurance coverage. 2. The fisheries investigation shall consist of two types of sampling, index and investigative. Index sampling shall be conducted twice annually. Investigative sampling shall be conducted once annually. Habitat surveys will be conducted at all sampling locations. 3. Fish tissue samples will be analyzed for the following: polychlorinated biphenyls (PCB's); mercury (Hg); organochlorine pesticides; silver (Ag); cadmium (Cd); copper (Cu); nickel (Ni); lead (Pb); and zinc (Zn). 4. Sampling sites, and the type of sampling, shall be conducted on an annual (calendar year) basis as described below: a. Four or five (4-5) boat sites on the St. Joseph River (three index samples and one or two investigative samples). Fish tissue will be collected from a minimum of two (2) sites. b. Two or three (2-3) tote barge sites on Juday Creek (one or two index samples and one investigative sample). C. One or two (1-2) tote barge/backpack sites on Bowman Creek (one index sample and one investigative sample). d. A minimum of two (2) investigative sites on other area streams/water bodies as needed and as time allows. C. Macro invertebrate sampling will consist of a minimum of two (2) samples on the St. Joseph River, one or two (1-2) samples from Juday Creek and one to two (1-2) samples from Bowman Creek and will be conducted with the assistance of the Midwest Biodiversity Institute (MBI) in Columbus, OH. 5. From each site, one specimen from each species of fish collected shall be retained or 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 —2— 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 (2018, 2019, and 2020). 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 employee or applicant for employment with respect to hire, tenure, or conditions or privileges of employment, or any matter directly or indirectly related to employment because of race, color, —3— religion, sex, disability, nation origin, or ancestry. 12. EFFECTIVE DATE. This Agreement is effective on the date the approval is received from both the Elkhart Board of Public Works and the South Bend Board of Public Works. 13. ENTIRE AGREEMENT. The terms and provisions contained herein constitute the entire agreement between the parties and shall supersede all previous agreements or discussion. In the event that any provision of this Agreement conflicts with any applicable law or is deemed invalid or unenforceable for any reason by a court of competent jurisdiction, such conflict or unenforceability shall not affect any other provisions of this Agreement which can be given affect by deleting the conflicting provision. To this end then, the provisions which are in conflict are determined to be severable and shall be deleted. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have executed this Agreement and thus bind the governmental unit in whose behalf they sign. a O I� rid iegality ----------- ATTEST: Nancy WilsoClerk ATTEST: ELKHART BQARD OF PUBLIC WORKS Michael Machlan, President Carol Loshbough, Vice Ronj:4'e Davis, lie her b�ad Crabtree, Member SOUTH BEND BOARD 0 PUBLIC WORKS Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 3/14/2018 Kieran Fahey Department Engineering BPW Date 3/27/2018 Phone Extension 5993 ® Agreement U Contract LJ Proposal LJ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ❑ Other: Inter -local agreement with Elkhart Company or Vendor Name: City of Elkhart New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBEMIBE Contractor ❑ MBE ❑ WBE MBEMBE Contractor Requested ❑ No ❑ Yes Name of Company Inter -local agreement for biological monitoring of St. Joseph Project Name river Project Number NA Funding Source Wastewater O&M -FISH STUDY WITH CITY OF ELKHART Account No. 641-0630-793-63-35 Amount $ 80,000/year Terms of Contract 3 year agreement Purpose/Description To assess the biological life of the St. Joseph ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc. Required For Change Orders, Qnly Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: New Amount Total Percent of Change: Copy Original Dispersal After Approval ® ❑ daragh.deegan@coei.org ❑ ❑ ❑ ❑