05/29/12 Board of Public Works Minutes

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REGULAR MEETING MAY 29 2012 184 RESOLUTION NO. 30-2012 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND RECOMMENDING TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND THE APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH TRINAL, INC. WHEREAS, on April 12, 2011, the South Bend Common Council passed Ordinance 10081 -11 ( "Ordinance ") creating a Minority Business Enterprise and Women Business Enterprise Utilization Board ( "Utilization Board" and further provided for the designation of a Diversity Compliance Officer to "work with the... Utilization Board and contracting agencies to assist in overseeing, implementing and enforcing" the Ordinance; and WHEREAS, on May 14, 2012, the Common Council of the City of South Bend ( "Council ") adopted its Resolution No. 4180 -12 approving the Utilization Board's recommendation for engagement of a Diversity Compliance Officer to perform all duties and obligations set forth in the Ordinance conditioned upon the execution of a contract for services to be approved by the City of South Bend Board of Works ( "Board "); and WHEREAS, the Utilization Board has identified and recommended the appointment of and engagement of Trinal, Inc., a For - Profit Foreign Corporation registered to conduct business in Indiana and having its principal place of business at 329 West 18t Street, Suite 401, Chicago, Illinois 60616, as the Diversity Compliance Officer for the City of South Bend and the Common Council has appropriated the funds in support of such appointment and engagement of Trinal, Inc.; and WHEREAS in compliance with the requirements of relevant state and local law including, but not limited to, the Ordinance, the Board, acting through its legal counsel, has caused to be prepared an Agreement for Professional Services with Trinal, Inc. under the terms and conditions set forth in the Ordinance and as more particularly described under "Essential Duties" in a Request for Proposals for Diversity Compliance Officer Contractual Services" as set forth at Exhibit A to Common Council Resolution No. 4180 -12; and WHEREAS, the Board has heretofore reviewed the proposed form of Agreement for Professional Services as attached hereto and incorporated herein as Exhibit A and upon the advice of legal counsel has determined that the proposed form of agreement complies with legal requirements applicable to such contracts; and WHEREAS, the Board affirms that the actions referred to in its Resolution No. 30 -2012 are taken by the Board solely at the direction of and as authorized agent to the Council and not on the Board's own behalf. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: Section 1. The Board of Public Works hereby makes its recommendation to the Council that the Council ratify, confirm and approve the execution of the Agreement for Professional Services with Trinal, Inc, signed by the Board on behalf of the City of South Bend, Indiana. Section 2. This Resolution shall be in full force and effect from and after its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indianan held on May 29, 2012 at 1308 County -City Building, 227 West Jefferson, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Kathryn E. Roos s /Michael Mecham s /Mark Neal