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Home My WebLink AboutServices Agreement -Three (3) Year St. Joseph River Fish Study – Elkhart Department of Public Works1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 8, 2020 Mr. Daragh Deegan Elkhart Department of Public Works Daragh.deegan6c�coei.oriz RE: Services Agreement Dear Mr. Deegan: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on December 8, 2020, approved the above referenced agreement for a three (3) year fish study supporting biological monitoring of the St. Joseph River. Enclosed please End 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK JORDAN V. GATHERS JOSEPH R. MOLNAR MEMORANDUM TO BOARD OF PUBLIC WORKS To Board of Public Works Copy Dara h Deegan, Elkhart Public Works From Kieran Fahey, South Bend Public Works Subject BPW resolution to support the continuation of a local fish stud Date November 30, 2020 The Cities of South Bend and Elkhart have been undertaking an aquatic fish study of the St. Joseph River for many years. It is intended to continue to do so. Each year a submission will be made to the Board, via DFO for approval for the budget spend for each year's work, however today I wish to get a BPW resolution approving, in principal the three year services agreement attached. This agreement, similar to a memorandum of understanding, lays out the manner in which the work will be done. The attached has been reviewed by Clara McDaniels in South Bend's legal department. A separate submission related to the financing of this work will be made early in 2021. Today I merely wish for a Board Resolution in favor of this work, no approval for any financial expenditure is required. Kieran Fahey, 11 /30/2020 SERVICESAGREEMENT BETWEEN THE ELKHART DEPARTMENT OF PUBLIC WORKS AND UTILITIES AND THE SOUTH BEND DEPARTMENT OF PUBLIC �WORKS - This Agreement is entered into this � day of -f%/L m,4 n` , 2020 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 Department of Public Works, 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: 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 (Ph); 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. e. Macroinvertebrate 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 South Nappanee Street, Elkhart, Indiana. 6. Personnel from the Elkhart Department of Public Works and Utilities shall be —2— 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 (2021, 2022, and 2023). 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, 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. —3— 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] —4— IN WITNESS WHEREOF, the parties hereto have executed this Agreement and thus bind the governmental unit in whose behalf they sign. ATTEST: Nancy Wilson ELKHART BOARD OF PUBLIC W RKS Mic hael 7ael Machla resi e t 1141 ad Crabtree, Vice President Ronnie Davis, Member amie Arce, Member BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member —5— Jordan V. Gathers, Member rI� 7"-� Joseph R. Molnar, Member ATTEST: �Zflda OWxtm Linda M. Martin, Clerk BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11 /30/2020 Name Kieran Fahey Department Engineering BPW Date 12/03/2020 Phone Extension 5993 Required Prior to Submittal to Board Legal ® Attorney Name Clara McDaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ 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 Required Information Company or Vendor Name: City of Elkhart New Vendor ❑ Yes ❑ No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Resolution supporting biological monitoring of St. Joseph Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of ❑ river NA Na NA NA NA 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 Only Increase $ Decrease Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ daragh.deegan@coei.org ❑ ❑ ❑ ❑