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Home My WebLink AboutMOU - Study to Upgrade Sanitary Sewer – St. Joe County Board of Comm.MEMORANDUM OF UNDERSTANDING REGARDING THE SANITARY SEWER UPGRADE STUDY This Memorandum of Understanding ("MOU"), is made and entered into this 9th. day of May , 2023, by and between the St. Joseph County Redevelopment Commission (the "RDC"), the St. Joseph County Board of Commissioners (the "County"), and the City of South Bend, Indiana Board of Public Works (the "City"). RECITALS WHEREAS, the RDC is considering certain utility improvement needs for the Indiana Enterprise Center ("IEC"); and WHEREAS, part of the utility improvements under consideration include possible upgrades to the sanitary sewer system provide by the City to the IEC (the "SSS"); and WHEREAS, the SSS is currently owned and operated by the City; and WHEREAS, an engineering study is needed in order to determine what upgrades to the SSS may be necessary in order to accommodate future development in the IEC; and WHEREAS, the RDC desires to pay for any costs associated with the hiring of an engineer for the study of the SSS upgrades; and WHEREAS, this MOU serves to summarize the agreement between the parties related to said funding. NOW, THEREFORE, in consideration of the foregoing premises and of the promises and commitments herein contained, the parties hereby understand and agree as follows: 1. Engineering Study. An engineering study is necessary in order to determine what upgrades may be necessary to the SSS in order to accommodate future development in the IEC. The County has obtained a proposal from DLZ to do this study (the "SSS Upgrade Study") and desires to retain DLZ for this purpose. 2. Funding for Engineer's Services. The RDC agrees to pay for all fees and costs associated with the SSS Upgrade Study. 3. Study Documents. The parties to this MOU agree to share all documents related to the SSS Upgrade Study, including but not limited documents related to designs, etc. The parties agree to provide to DLZ all relevant information needed for DLZ to complete their studies and services by the deadlines indicated in the agreement between the County and DLZ. 4. Funding for Improvements and Upgrades to WTP Not Addressed. This MOU does not address any funding needs for improvements and upgrades identified by the SSS Upgrade Study. Any such funding needs will be addressed and negotiated separately by the parties outside this MOU and no obligations related to such funding are created herein. 5. 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. 6. Duration of MOU. This MOU will remain in full force and effect until the completion of the SSS Upgrade Study. 7. 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. (b) No Other Agreement. 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. (c) Severability. If any provision, covenant, agreement or portion of thereof or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants, agreements, or portions of this MOU, and to that end, any provisions, covenants, agreements, or portions of this MOU are declared to be severable. (d) Indiana Law. This MOU shall be governed by and construed in accordance with the laws of the State of Indiana. (e) Notice. Any notices required or permitted under this Agreement shall be given to the parties at their respective mailing addresses provided below by deposit in the United States mail, certified mail, return receipt requested, with proper postage affixed thereto, and which notices shall be effective three (3) days after date of mailing: The County: St. Joseph County Board of Commissioners County -City Building, 7th Floor 227 W. Jefferson Blvd. South Bend, Indiana 46601 With copies to: Michael Misch, Esq. Counsel for St. Joseph County Board of Commissioners 131 S. Taylor Street South Bend, IN 46601 2 The RDC: St. Joseph County Redevelopment Commission County -City Building, 1 lth Floor 227 W. Jefferson Blvd. South Bend, Indiana 46601 With copies to: Phillip A. Garrett, Esq. Counsel for St. Joseph County Redevelopment Commission Thorne Grodnik, LLP 420 Lincolnway West Mishawaka, IN 46544 The City: City of South Bend, Indiana Board of Public Works 227 W. Jefferson Blvd. Suite 1300 N South Bend, Indiana 46601 With copies to: Sandra Kennedy Corporation Counsel 227 W. Jefferson Blvd. Suite 1200 S South Bend, Indiana 46601 (f) BindingEffect: ffect: This MOU shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (g) Counterparts: 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 agreement. (h) Venue: Any dispute arising out of or related to this MOU shall be brought solely and exclusively in the Superior and/or Circuit Courts located in St. Joseph County, Indiana, and the parties hereto expressly consent to the sole and exclusive jurisdiction of these courts. IN WITNESS WHEREOF, the parties have duly executed this MOU pursuant to all requisite authorizations as of the date first above written. 3 St. Joseph County Redevelopment Commission: Dennis Jordan, President St. Joseph County Board of Commissioners Carl Baxmeyer, President City of out Bend, oard of Public Works: E tzabetb A. Maradik, President BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/5/23 Name Michael Schmidt Department Lsgal BPW Date May 9, 2023 Phone Extension Ext. 5860 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ and Inclusion Officer Officer Name BPW Attorney ® Attorney Name Michael Schmidt Dept. Attorney ® Attorney Name Michael Schmidt Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. ❑ Other: ® Contract ❑ Proposal ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Award ❑ Reject Bids/Quotes ❑ C/O & PCA No. ❑ PCA ❑ Traffic Control ❑ Resolution x❑ Ease./Encroach Reauired Information Company or Vendor Name St. Joseph County Redevelopment and St. Joseph County Commissioners ❑ Yes[:] If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name MOU on Sanitary Sewer Upgrade Study Project Number NA Funding Source Account No. Amount N/A Terms of Contract As attached Purpose/Description No fees to the City. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: