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s^g REGULAR MEETING <br />NOVEMBER 28, 2005 <br />WHEREAS, the South Bend Redevelopment Commission (the "Commission") <br />owns the parking facility located at 121 E. Wayne Street in the City, which facility <br />contains two (2) elevators owed by the Commission (the "Commission Elevators" and <br />with the City Elevators, the "Covered Elevators"); and <br />WHEREAS, the Commission desires to enter into an agreement to provide for the <br />maintenance and inspection services for the Commission Elevators; and <br />WHEREAS, KONE desire to assist the City and the Commission by providing <br />maintenance and inspection services for the Covered Elevators; and <br />WHEREAS, a form of Maintenance Agreement between the City, the <br />Commission and KONE (the "Agreement") has been presented to Board with certain <br />terms and conditions that are subject to final negotiations between the various parties; <br />and <br />WHEREAS, the Commission is scheduled to approve the Agreement with respect <br />to the Commission Elevators at its meeting on December 2, 2005 and to authorize the <br />President of the Board of Public Works to finalize, execute and deliver the Agreement on <br />behalf of the Commission; and <br />WHEREAS, the Board desires to approve the form of Agreement on behalf of the <br />City and to authorize the Board's President to finalize, execute and deliver the Agreement <br />on behalf of the City and on behalf of the Commission; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC <br />WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br />1. The Board hereby approves, on behalf of the City the form of the <br />Agreement presented to the Board at this meeting, and Secretary is instructed to include a <br />copy of said Agreement with minutes of this meeting. <br />2. The Board hereby authorizes and directs the President of the Board to <br />negotiate, execute and deliver the Agreement on behalf of the City in the form approved <br />by the Board, with such changes either in form or substance as may be approved by the <br />President with such approval to be conclusively evidenced by such execution. <br />3. The Board further authorizes and directs the President of the Board to <br />negotiate, execute and deliver the Agreement on behalf of the Commission consistent <br />with the Commission's approval of the Agreement and the authority granted by the <br />Commission to such officer. <br />4. This Resolution shall take effect immediately upon its adoption by the <br />Commission <br />ADOPTED at a meeting of the Board of Public Works of the City of South Bend. <br />Indiana held on November 28, 2005 at 1308 County -City Building, 227 W. Jefferson <br />Boulevard, South Bend, Indiana 46601. <br />BOARD OF PUBLIC WORK OF THE <br />CITY OF SOUTH BEND, INDIANA <br />s/Gary Gilot, President <br />s/Donald E. Inks, Member <br />s/Carl P. Littrell, Member <br />ATTEST: <br />s/Angela K. Jacob, Clerk <br />CLAIMS <br />Mr. Gilot stated a claim from Henricksen has been submitted on behalf of DLZ, Indiana <br />for the South Bend Police Department Headquarters. It was noted that DLZ has <br />recommended denial of the claim as it is a warranty item. Upon a motion made by Mr. <br />Gilot, seconded by Mr. Littrell and carried, the claim was denied. <br />