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Home My WebLink AboutInterlocal Agreement - Biological Monitoring of St. Joe River – Elkhart Depart. of Public Works1316 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 February 13, 2024 Ms. Nancy Wilson, Clerk Elkhart Department of Public Works 1201 S. Nappanee St. Elkhart, IN 46516 RE: Interlocal Agreement Dear Ms. Wilson: At its February 13, 2024 meeting, the Board of Public Works approved the above referenced agreement for biological monitoring of the St. Joseph River Watershed in and around the Cities of Elkhart and South Bend in the amount of $80,000. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou INTERLOCAL AGREEMENT BETWEEN THE ELKHART DEPARTMENT OF PUBLIC WORKS AND UTILITIES AND THE SOUTH BEND DEPARTMENT OF PUBLIC WORKS, DIVISION OF UTILITIES This Agreement is entered into this /V�day of 2023 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 Division of Utilities, acting through the South Bend Board of Public Works (hereinafter referred to as "South Bend"). RECITALS: WHEREAS, from 2001 to 2023 Elkhart has conducted biological monitoring in the St. Joseph River watershed in and around the Cities of Elkhart and South Bend through a cooperative interlocal effort between both communities; 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 continue 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 biological monitoring in 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. Fish community sampling will be conducted using two different sampling approaches: Index sampling (to be used for long-term trend analysis) and Investigative sampling (to investigate areas that are not sampled frequently). Index sampling shall be conducted twice annually. Investigative sampling shall be conducted once annually. Habitat surveys will also be conducted at all sampling locations. 3. Fish tissue samples will be collected during surveys and 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. e. Macroinvertebrate communities will be sampled at a minimum of two (2) locations on the St. Joseph River, one or two (1-2) locations on Juday Creek and one to two (1-2) locations on Bowman Creek. 5. From each site, one specimen from each species of fish collected shall be retained or —2— 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 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 (2024, 2025, and 2026). 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 —3— 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. 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] M IN WITNESS WHEREOF, the parties hereto have executed this Agreement and thus bind the governmental unit in whose behalf they sign. ATTEST: i Nancy Wils Clerk ELKHART BOARD OF PUBLIC WORKS Michael Machlan, President Chad Crabtree, Vice President I" Ronnie Davis, Member Ja ie Arce, Member lip, *4 , 6 R se Rivera, Member CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member —5— Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: February 13, 2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 2/5/2024 Name: Kieran Fahey Department of Public Works — Engineering Division BPW Date: Feb 13th 2024 Phone Extension: 5993 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or 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 n Other: Agreement n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Information Program of Elkhart. U Yes❑ If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ No Aquatics program for fish study with Elkhart NA 641-06-605-514-439001 1 PR-00029455 641-06-605-514-439001 ':1 111 Gauge the impact on the river by our community as regards aquatic biology For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase Decrease