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Home My WebLink AboutMOU - Billing Services for Carriage Hills Subdivision – St. Joseph County Regional Water & Sewer ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 12, 2021 Ms. M. Catherine Fanello St. Joseph County Regional Water & Sewer District cfanello@kdlegal.com; JCLARK@sjcindiana.com RE: Memorandum of Understanding – St. Joseph County Regional Water & Sewer District Dear Ms. Fanello: At its January 12, 2021 meeting, the Board of Public Works approved the above referenced memorandum for billing services for Carriage Hills Subdivision. Enclosed please find the original copy of the memorandum for your signature. Please sign and return the original memorandum to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”), dated _____________ _______, 2021 (“Effective Date”), is between the ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT (“District’) and the CITY OF SOUTH BEND, acting by and through its Board of Public Works (“City”) (each a “Party” and collectively the “Parties”). RECITALS WHEREAS, the Parties have previously entered into an Amended and Restated Master Agreement dated as of July 9, 2019 (the “Master Agreement”) for the purposes of establishing the terms and conditions concerning provision, collection, treatment and disposal of water and sewage within the District‘s service areas, as well as terms and conditions related to certain improvements existing or planned at various locations in and adjacent to the South Bend water and wastewater facility planning areas; and WHEREAS, in furtherance of the Master Agreement, on July 2019, the District and City entered into an Amended and Restated Project Addendum No. (the “Project Addendum No. 2”) to facilitate the connection to sanitary sewers of certain real properties (the “Project”) within or contiguous to the Carriage Hills Subdivision Sub-District of the District (the “Sub-District”); and WHEREAS, the District adopted a rate ordinance on June 3, 2019, as amended on August 6, 2020 (the “District Rate Ordinance”) which required residential customers of the Sub-District to connect to the Project within 120 days of the date such connection was made available, and the deadline expired on November 13, 2020 (the “Connection Deadline”); and WHEREAS, the Parties entered into a Billing Services Agreement dated as of September 1, 2020 (the “Billing Services Agreement”) to provide for billing services by the City for each residential customer within the Sub-District; and WHEREAS, under the Billing Services Agreement a residential customer of the Sub - District is to be billed City Treatment Rates and Charges and Sub-District Rates and Charges (each as defined in the Billing Services Agreement), representing the rates owed to the City and to the District, respectively, as agreed upon in the Master Agreement and Project Addendum No. 2; and WHEREAS, this MOU memorializes the intentions, agreements and expectations of the Parties with respect to how residential customers of the Sub-District who failed to meet the Connection Deadline will be billed under the Billing Services Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual understandings set forth herein, the Parties agree as follows: 1.The District will require all residential customers of the Sub-District who failed to meet the Connection Deadline to connect to the Project by June 1, 2021. January 12 -2 - 2.The City will issue a credit by February 28, 2021 to those residential customers of the Sub-District who did not meet the Connection Deadline but were billed for City Treatment Rates and Charges on the October 2020 billing or on any billing thereafter which may occur in error prior to December 31, 2020. 3.A residential customer of the Sub-District who does not connect by June 1, 2021 will be billed the City Treatment Rates and Charges beginning in June 2021, consistent with the terms of the Master Agreement and Project Addendum No. 2. 4.Through and including May 31, 2021, the City will be responsible for monitoring and determining which residential customers of the Sub-District have pulled permits for the purpose of connecting to the Project in order to begin billing City Treatment Rates and Charges once connection is complete. 5.Regardless of whether a residential customer of the Sub-District is connected to the Project, the City shall bill such residential customers the Sub-District Rates and Charges. 6.A residential customer of the Sub-District who does not have water service from the City may purchase a meter to measure the volume of sewage discharged from the residence. The meter must be purchased from the City so that it is compatible with City’s meter reading system and must be replaced at intervals no longer than fifteen (15) years. The residential customer shall be responsible for providing the meter setting prior to meter installation. Residential customers without City water service who decide not to purchase a meter will be billed at the City’s then current unmetered sewer rate. 7.This MOU shall terminate on June 1, 2021 or such earlier date by the written mutual consent of both Parties. 8.The parties agree, subject to further proceedings required by law, to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications, as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this MOU and to aid and assist each other in carrying out said terms, provisions and intent. 9.This MOU, and any exhibits attached hereto, may be amended only by the mutual agreement of the Parties, and by the execution of said amendment by the Parties or their successors in interest. 10.Except as otherwise expressly provided herein, this MOU supersedes all prior agreements, negotiations and discussions relative to the subject matter hereof and is a full integration of the agreement of the parties. 11.This MOU shall be construed in accordance with the laws of the State of Indiana. 12.This MOU may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. ST. JOSEPH COUNTY REGIONAL WATER AND SEWER DISTRICT ________________________________________ President, Board of Trustees ________________________________________ Secretary, Board of Trustees CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ___________________________________ Elizabeth A. Maradik, President ___________________________________ Gary A. Gilot, Member ___________________________________ Jordan V. Gathers, Member ___________________________________ Joseph Molnar, Member ___________________________________ Date of Signature BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1-5-21 Name Kim Thompson Department Utilities BPW Date 1/12/21 Phone Extension 5969 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: MOU Ease./Encroach Required Information Company or Vendor Name New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description ____MOU for billing services for SJCRSD in Carriage Hills area___________________________________________________________ _______________________________________________________________ ___________________________________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: