Carmel/US Environmental Protection Agcy
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("MOA") sets out the understanding between the
Consolidated City of Indianapolis, Indiana, Department of Public Works ("Indianapolis"), and the City
of Carmel, Indiana, Street Department, by and through its Board of Public Works and Safety
("Carmel"). The MOA concerns the purchase, acceptance, storage and installation of diesel oxidation
catalysts ("DOCs") for their retrofit on equipment owned by Carmel.
PURCHASE, ACCEPTANCE, STORAGE AND INSTAllATION
OF DIESEL OXIDATION CATALYSTS
WHEREAS, Indianapolis has received a settlement grant of One Hundred Forty-Five
Thousand Dollars ($145,000.00) from the United States Environmental Protection Agency ("U.S.
EPA"); and
WHEREAS, Indianapolis wishes to expend a portion of the funds available from the grant to
purchase DOCs for the installation on diesel powered vehicles and equipment owned by Carmel; and
WHEREAS, both Indianapolis and Carmel recognize the clean air and health benefits to be
derived from the installation of DOCs on diesel powered vehicles and equipment; and
WHEREAS, the health of Carmel's employees and citizens and the citizens of Marion County
is a priority concern of both Indianapolis and Carmel; and
WHEREAS, Indianapolis wishes to purchase DOCs for the purpose of their installation on
diesel powered vehicles and equipment owned by Carmel; and
WHEREAS, Carmel wishes to accept these DOCs for installation on its diesel powered
vehicles and equipment and wishes to facilitate their installation.
NOW THEREFORE, Indianapolis and Carmel do hereby agree to the following:
1. In consideration of the mutual promises contained herein, the sufficiency of which is
hereby acknowledged;
2. Indianapolis will purchase DOCs for the purpose of their installation on Carmel's
diesel powered vehicles and equipment; said purchase will be made only from and
to the extent of the above mentioned settlement grant from the U.S. EPA;
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3. Carmel will facilitate Indianapolis' purchase of DOCs by obtaining all requested
technical information for submittal to the DOC vendor for specification and
purchase requirements, including:
. Equipment owner with contact name and phone number
. Equipment application and identification number
. Equipment and engine make
. Equipment and engine model
. Equipment and engine year
. Engine size (hp)
. Engine serial number
. Muffler dimensions
4. Carmel will accept delivery of the DOCs and provide secure storage for them until
they are successfully installed on Carmel's diesel powered vehicles and equipment
by Carmel or by a vendor at Carmel's expense;
5. Indianapolis will begin the process of ordering the DOCs as soon as practical;
6. Indianapolis wili work with the DOC vendor to ensure that the needs of Carmel are
accommodated as efficiently as possible;
7. To the extent possible, Carmel will supply Indianapolis with all information needed
to document the exhaust emission reductions obtained as a result of the retrofits;
8. Indianapolis will promote Carmel as an environmental partner in its diesel outreach
program;
9. Carmei will coordinate with Indianapolis to publicize their joint DOC effort;
10. This MOA requires neither Indianapolis nor Carmel to install DOCs on any future
equipment purchases, nor to repiace any DOC installed through this MOA which
may become inoperative.
11. Carmel will submit to Indianapolis (for submission to U.S. EPA):
. Once the installation of the DOCs is completed, a written ietter stating the
work has been done and the date the work was completed.
. The information listed below and any additional information required by U.S.
EPA within 60 days from the time of delivery:
. Annual hours of operation
. Annual mileage
. Vehicle Weight
. Fuel type
. Fuel usage (gal/yr)
12. Carmel shall indemnify, defend, exculpate, and hold harmless indianapolis
and its respective officials, employees, representatives or agents from any and all
liability due to loss, damage, injury or other casualties of whatsoever kind
resulting from the performance or breach of any of the terms of this MOA or
from the installation, existence, use, maintenance, condition, repairs,
alterations or removal of any equipment or material to which this MOA pertains.
13. This MOA represents the entire and integrated MOA between Indianapolis and
Carmel and supersedes all prior negotiations, representations, agreements and/or
contracts, either written or oral. This MOA may be amended only by written
instrument signed by both Indianapolis and Carmel and attached hereto as an
addendum.
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14. When written notice is required by this MOA, it shall be sufficiently given, in the
absence of a specific provision to the contrary, when delivered or sent by United
States first-class mail or by personally delivering such notice to the party to be in
receipt thereof, at the addresses below:
INDIANAPOLIS
Department of Public Works
2700 S. Belmont Avenue
Indianapolis, IN 46221
Attn: Amanda Shipman
CARMEL
Doug Haney
City Attorney
1 Civic Square
Carmel, IN 46032
15. Notwithstanding any other provIsion of this MOA, if funds for the continued
fulfillment of this MOA by Indianapolis are at any time insufficient or not forthcoming
through failure of any entity to appropriate funds or otherwise, then Indianapolis
shall have the right to terminate this MOA without penalty by giving written notice
documenting the lack of funding, in which instance unless otherwise agreed to by
the parties, this MOA shall terminate and become null .and void on the last day of
the fiscal period for which appropriations were received.
16. Carmel and its subcontractors shall not discriminate against any employee or
applicant for employment to be employed in the performance of this MOA, with
respect to her or his hire, tenure, terms, conditions, or privileges of employment, or
any matter directly or indirectly related to employment, because of her or his race,
sex, sexual orientation, gender identity, religion, color, national origin, ancestry,
age, disability, or United States military service veteran status. Breach of this
section shall be regarded as a material breach of this MOA.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF INDIANAPOLIS, INDIANA
By and through its Department of Public
works~ ~
Kumar Menon, Dlrector I
Date: {( l']rJ tJ? 6
CITY OF CARMEL, INDIANA
By and through its Board of P~ Wor sand
Safety
Approved as to Legality and Form:
!~~thll c:
Assistant Corporation Counsel, City of
Indianapolis
Date: i(- .:1')1 - 0 l
'andra rd.. JObJlSOD,
Clerk foI'
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