HomeMy WebLinkAboutMemorandum of Understanding - St Joe County Health Dept - Lead Paint Analyzer Donation1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOI ITH BEND- INDIANA 46601-1830
Dale Deardorff
tj
1865
November 13, 2018
St. Joseph County Health Department
227 W. Jefferson Blvd., Suite 825
South Bend, IN 46601
RE: Memorandum of Understanding
Dear Mr. Deardorff:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on November 13, 2018, approved the above
referenced MOU regarding a lead paint analyzer donation in the amount of $26,516.
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,
Linda M. Martin, Clerk
Enclosure
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND
THE ST. JOSEPH COUNTY HEALTH DEPARTMENT
This Memorandum of Understanding (this "Agreement") is made and executed between the
City of South Bend, Indiana (the "City") acting by and through its Board of Public Works
("BPW"), and the St. Joseph County Board of Health on behalf of and for the benefit of the St
Joseph County Health Department ("SJCHD")
WHEREAS, SJCHD is the public health authority that oversees the City of South Bend, and
bears statutory responsibility for the management of child blood lead poisoning;
WHEREAS, SJCHD desires to purchase an XRF lead paint analyzer for the identification of
lead paint and dust contamination, and would like assistance from the City in effectuating the
demolition;
WHEREAS, SJCHD desires to purchase materials for the compilation of "lead response
kits" for distribution to residents of St. Joseph County; and
WHEREAS, the City believes the purchase of the XRF lead paint analyzer and lead
response kits will generally benefit the residents of the City and desires to provide funding to
SJCHD to assist with the purchase of these resources,
NOW, THEREFORE, BPW and SJCHD do hereby mutually agree as follows:
I. TERM
This Agreement shall commence on October _, 2018 and continue until SJCHD
certifies to the City that the aforementioned purchases have been concluded, which shall be no
later than March 30, 2019.
II. GENERAL TERMS
BPW shall authorize a donation to SJCHD in the amount of Twenty -Six Thousand, Five -
Hundred Sixteen Dollars ($26,516) (the "Donation Amount") to be used for the purchase of an
XRF lead paint analyzer, regular maintenance of the same XRF analyzer, and the compilation of
lead safety kits containing cleaning materials and educational resources for public distribution.
III. RESPONSIBILITIES OF THE CITY
a) The City, through BPW, will authorize and provide the Donation Amount to
SJCHD in a manner reasonably described by SJCHD.
b) The City shall appoint a contact person from its Department of Community
Investment to confer with SJCHD and ensure that the Donation Amount is used
for purchases described above.
c) The City agrees to obey all applicable local, state and federal laws and
regulations.
IV. RESPONSIBILITIES OF SJCHD
a) SJCHD shall provide the City with a reasonable manner in which the City shall
provide the Donation Amount to SJCHD.
b) SJCHD shall appoint a point of contact for communications with the City
regarding the purchases described above.
c) SJCHD agrees to obey all applicable local, state and federal laws and regulations,
IV. ASSIGNMENT
Neither party may assign this Agreement without first obtaining written consent from the
other party.
V. ILLEGALITY
If any provision of this Agreement is found by any court of competent jurisdiction to be
illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected thereby,
and in lieu of any provision that is found to be illegal, invalid, or unenforceable, there will be
added as part of this Agreement a provision as similar to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable.
VI. ENTIRE AGREEMENT
This document contains all of the Agreements between the parties regarding the issue of
the sale of the Property and supersedes all prior negotiations, representations, or agreements,
either written or oral, regarding the sole issue of the sale of the Property. This Agreement shall
not be amended or modified except by written instrument signed by both parties.
VII. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Indiana and venue shall be
in St. Joseph County, Indiana.
IN WITNESS WHEREOF, the parties hereto, through their duly authorized
representatives, have caused this Agreement to be executed as of the day and year first written
above. The parties have read and understand the foregoing terms of this Agreement and do, by
their respective signatures hereby agree to its terms.
SIGNATURE PAGE FOLLOWS
2
ST. JOSEPH COUNTY BOARD OF HEALTH
ACTING ON BEHALF OF
ST. JOSEPH COUNTY HEALTH DEPARTMENT
By:
................. . ..
Printed: Dale D, Deardor IJ M.D.
Its: President
CITY OF SOUTH BEND, INDIANA
ACTING BY AND THROUGH ITS
BOARD OF PUBLIC WORKS
Gary Gilot, Nesidett �......_
m.
Therese Dorau, Member
Suzanna Fritzberg, Member
Elizabeth Maradik, Member
James Mueller, Member
AT' ' ST:
ul cla Martin, C lerl
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 11 /4/2018
Name Suzanna FrItzberq, Department Mayor's Office
BPW Date Phone Extension
Legal Attorney Name Clara
Controller review is required for all Contracts $5,000.00 or more
Controller El and greater than one year in length per the City Purchasing
Policy
Purchasing ❑
VJ Agreement
❑ Professional Services
Bid Opening
El Quote Opening
Chg Order No.
El Ease./Encroach.
n Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Contract
Amendment
El Bid Award
Quote Award
❑ C/O & PCA No,
0 Traffic Control
St. Jose
[ Yes
❑ No
❑ MBE
WBE
Proposal
❑ Req. to Advertise
❑ PCA
El Resolution
Claim
h County Health Department
If Yes, Approved by Purchasing
Addendum
❑ Title Sheet
Completed E-Verify Form Attached [I Yes
No
Lead Paint Analyzer Donation
18JO14
EDIT
408-1001-460-39.30
$26,516
wwwwW
City to donate $26,516 for purchase of XRF lead paint analyzer
and associated maintenance, as well as compilation of lead
safet kits for ublic distribution
�' Increase $
Decrease
Previous Amount $
Current Percent of Change _
New Amount $
Total Percent of Change:
Time Extension:
Dispersal After Approval
Copy
Original
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0
El
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