HomeMy WebLinkAboutAgreement - Historic Preservation Commission of South Bend - Agreement for Programs and ServicesAGREEMENT FOR PROGRAMS AND SERVICES
(HISTORIC PRESERVATION COMMISSION OF SOUTH BEND
AND ST. JOSEPH COUNTY)
THIS AGREEMENT (the or this "Agreement') is made effective the �� day
of I)Pt`Q,y )DU , 2016, by and between the CITY OF SOUTH BEND,
INDIANA, a municipal corporation organized and operating under the laws of the State of
Indiana, acting by and through its Board of Public Works (collectively the "City"), ST.
JOSEPH COUNTY (the "County") and HISTORIC PRESERVATION
COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY (the
"Organization").
RECITALS
WHEREAS, the City and St. Joseph County, Indiana (the "County") have entered
to an agreement providing for the establishment of the HPC, as evidenced by the adoption
of substantially similar ordinances, which for the City was Ordinance No. 5565-73, as
amended, adopted by the South Bend Common Council (the "Agreement'); and
WHEREAS, in addition to the Agreement, the City is empowered under the
authority of Ordinance No. 9746-07 adopted by the South Bend Common Council, the
legislative body of the City, pursuant to Indiana Code § 36-1-3-6(b)(1) to enter into this
Agreement, and under Indiana Code § 36-10-2-4 to aid historical programs; and
WHEREAS, HPC is a governmental organization created by the Agreement and is
a division of the County for accounting purposes, whose mission is to survey, identify, plan
for, advise and recommend to the South Bend Common Council and the Area Plan
Commission of the County concerning the establishment of historic preservation districts
and historic landmarks; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, which services and programs are more particularly
described at Exhibit A (the "Program"); and
WHEREAS, the Organization is duly qualified to provide for, oversee and
administer the Program; and
WHEREAS, the City has appropriated funds for the Program in the amount of
Twenty -Six Thousand and 00/100 Dollars ($26,000.00) (the "Contract Amount') as
required by Indiana Code § 5-22-17-3 and the Contract Amount does not exceed such
appropriation; and
WHEREAS, the City believes that the actions contemplated by this Agreement are
in the best interests of the health, safety and welfare of the City and its residents and that
such actions comply with the public purposes and applicable provisions of state and local
law.
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
1. Contract Amount and Term. The Organization shall provide the programs
and services set forth at Exhibit A (the "Program") to the residents of the City, on behalf
of the City, for the Contract Amount for the period commencing January 1, 2017 and
ending December 31, 2017. The approved schedule for the Program is set forth at Exhibit
B.
2. Program Budget and Budget Modification. The approved Program Budget
is set forth at Exhibit C hereto (the "Budget"), which exhibit is hereby incorporated herein
by reference. The Organization shall not seek from the City more than the Contract
Amount for any expenses related to the Program or otherwise. The Organization shall only
use the Contract Amount to implement the Program or provide the services in conformance
with the Budget and for no other purpose.
3. Compensation for Program. All payments shall be made quarterly (on or
approximately near March 1, June 1, September 1 and December 1) for expenses incurred
during that quarter provided that the Organization provide sufficient evidence to the
Contract Administrator (as defined herein) for such expenses including, but not limited to,
a budget expenditure report detailing disbursements and expenditures of the Contract
Amount by the line items set forth in the Program Budget. The quarterly payments shall
be paid in equal amounts unless the Contract Administrator determines that the
Organization is materially failing to complete the Program in accordance with the Program
Schedule, in which case the City shall only be obligated to pay the applicable portion of
the Contract Amount substantiated by reliable evidence submitted by the Organization.
4. Design and Implementation of Program. To the extent not set forth in
Exhibit A, Exhibit B and Exhibit C, the Organization shall be solely responsible for the
design and implementation of the Program, unless specifically directed otherwise by the
City, the City's Internal Auditor (as defined herein), or the Director of the Division of
Community Development or any person appointed by said Director or the City to
administer this Agreement (the "Contract Administrator"). The Program and this
Agreement must be performed and administered in accordance with all applicable federal,
state and local laws. The Organization shall use the Contract Amount only for activities
related to the Program.
5. Termination of Ageement If the City Controller makes a written
determination that funds are not appropriated or are otherwise unavailable to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or are otherwise unavailable to support the
continuation of performance shall be final and conclusive. Effective thirty (30) days after
delivery of a written termination notice, the City may terminate this Agreement, in whole
or in part, for any reason, if the City determines that such termination is in the best interest
of the City. The Organization shall be compensated for completion of the Program
properly done prior to the effective date of termination. The City will not be liable for
work on the Program performed after the effective date of termination. In no case shall
total payment made to the Organization exceed the original Contract Amount.
6. Remedies for Breach o Contract. Failure to complete the Program in
accordance with this Agreement may be considered a material breach, and shall entitle the
City to impose sanctions against the Organization including, but not limited to, suspension
of all payments, and/or suspension of the Organization's involvement in the Program, on
behalf of the City. The Organization shall repay any portion of the Contract Amount
expended for matters not within the scope of the Program or the Budget.
7. Maintenance of Records Access to Records. The Organization shall keep
a written record, in a form acceptable to the City, related to the use and expenditure of the
Contract Amount. Within thirty (30) days of the expiration or termination of this
Agreement, the Organization shall provide the City with a final accounting of the use and
disposition of the Contract Amount by the Organization. Unless otherwise authorized by
the City or required by law, such records shall be maintained by the Organization for a
period of four (4) years of the date of this Agreement. The Organization understands and
agrees to comply with the legal requirements of Indiana Code § 5-14-3-1 et. seq.
(commonly known as Indiana's Access to Public Records Act), if applicable, with respect
to all documentation related to the Contract Amount.
8. Audit Requirements. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, and the
Contract Administrator as requested to comply with any audit requested related to the
receipt and use of the Contract Amount and the Organization's performance in delivering
the Program in accordance with the provisions of this Agreement. If requested by the City
or the Contract Administrator, the Organization shall provide the City a progress report on
the Program. If requested by the City or the City's Internal Auditor, the Organization shall
arrange for a financial and compliance audit of the Contract Amount to be conducted by
an independent public or certified public accountant (or as applicable, the Indiana State
Board of Accounts) and in accordance with applicable Indiana State Board of Accounts
standards. The City's Internal Auditor shall mean the City Controller or Acting City
Controller appointed pursuant to Indiana Code § 36-4-9-6 (the "City Controller") or any
person appointed or retained by the City Controller or the City for the purpose of auditing
the Organization for this Agreement or other agreements of the City.
9. Conflicts of Interest. The Organization hereby certifies and agrees that no
member, officer, or employee of the City, or its designees or agents, and no member of the
governing body of the City of South Bend or the Organization (and no one with whom
there is a family or business tie) who exercises any functions or responsibilities with respect
to the receipt and use of the City during his or her tenure or for one year thereafter, shall
have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the Program. To the extent the
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Program involves the awarding of a contract or grant, the Organization shall not award the
same to a person or entity that creates a conflict of interest described in Indiana Code § 5-
16-11-5.5.
10. Relationship. Reserved
11. Notices. Any notice required or permitted to be delivered hereunder shall
be deemed to be delivered, whether or not actually received, when deposited in the United
States Postal Service, postage prepaid, registered or certified mail, return receipt requested,
addressed to the City or the Organization, as the case may be, at the address set forth below.
Organization:
Elicia Feasel, Director
Historic Preservation Commission
125 S. Lafayette Blvd
South Bend, IN 46601
City:
Pamela C. Meyer, Director
Neighborhood Engagement
City of South Bend, Indiana
227 W. Jefferson Boulevard, Suite 1400S
South Bend, IN 46601
12. Equal Opportunity. The Organization shall comply with federal, state and
local law in its hiring and employment practices and policies for any activity covered by
this Agreement.
13. Entire Agreement and Amendment. This Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and
merges and supersedes all prior discussions, agreements, and understanding of any and
every nature between them. This Agreement may be amended only by separate writing,
approved by both the Organization and the City.
14. Additional Representations. The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they are
the duly authorized officers of the Organization and have been fully empowered to execute
and deliver this Agreement and that all necessary corporate action has been taken and done.
15. Non -Collusion and Acceptance. The Organization hereby represents and
certifies that it may enter into this agreement under Indiana Code § 35-44-1 and, to the
extent applicable, has executed and filed with the City a "CONTRACTOR'S NON -
COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION
REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR
FOUNDRY PRODUCTS", the form of which is attached hereto and incorporated herein
as Appendix I prior to the City's approval of this Agreement.
The Organization shall require his/her/its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Organization agrees to maintain this certification
0
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Organization fails to cure a breach of this provision
no later than thirty (30) days after being notified by the City.
(remainder ofpage intentionally left blank)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Date: 2016
A� 11 l
Gary A Gilo
Suzanna V. Fritzberg
1AL
Elizabeth A. Maradik
Therese J. Dora
qti"
Jams A. Mueller
N181mv
-L. da M. Martin
HISTORIC PRESERVATION
COMMISSION OF SOUTH BEND
AND ST. JOSEPH COUNTY
Date: t0 T-40y , 2016
"gnatur6T
Printed Name and Title NN
UVr
ST. JOSEPH COUNTY
COMMISSIONERS
Signature
Wkti T . Kas �eln�{ . Pces`�den�"
Printed Name and Title
EXHIBIT A
Program Description
The Organization shall provide the following services and programs:
Continue the compilation and refinement of survey data, for properties
located in the City of South Bend, into the Survey data base, including the
National and Indiana Registers of Historic Registers of Historic Places, for
planning relative to the Section 106 Review process.
2. Educate property owners, government agencies and the general public
about historic preservation.
Conduct local historic review of federally funded projects in accordance
with Federal and State policies for the City of South Bend.
EXHIBIT B
Program Schedule
Continue the compilation and refinement of survey data, for properties
located in the City of South Bend, into the Survey data base, including the
National and Indiana Registers of Historic Registers of Historic Places, for
planning relative to the Section 106 Review process -- (January 1 through
December 31, 2017)
2. Educate property owners, government agencies and the general public
about historic preservation — (January 1 through December 31, 2017)
Conduct local historic review of federally funded projects in accordance
with Federal and State policies for the City of South Bend — (January 1
through December 31, 2017).
EXHIBIT C
Program Budget
Total Contract Amount is $26,000.00.
$26,000 is depending upon need of services for items 1, 2 and 3 of the Program
Description and Schedule. Costs for each individual portion of the Program may vary.
This Agreement consolidates and packages items 1, 2, and 3 within the Program. The
Organization agrees to complete the entire Program for the total Contract Amount, plus
any other funds agreed to be provided to the Organization under another agreement.
APPENDIX I
When the prospective Contractor is unable to certify to any of theslatementsheloyp, it shall attach an explanation to Otis Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
STATE OF
(Must be completed for all quotes and bids. Please type or print)
SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/het/its oath, affirms under the penalties of perjury that:
I. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, films, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of It -an, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Nan-Debannmt Affidavit Not Im Fmm
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor's newly hired employees through the E-Verify Program as defined by
I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contact with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this. certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate
against any employee or applicant for employment in the performance of a City contract with
respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
age, gender expression, gender identity, sexual orientation or disability that does not affect that
person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining
the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year firom the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment
shall be made a part of any contract which it may henceforth enter into with the City of South
Bend, Indiana or any of its agencies, boards or commissions.
Nan -Collusion Non-Debamtent Alridavit Non Iran Fonn
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United States
(I.C. 5-16-8-1).1 hereby certify that I and all subcontractors employed by me for this project will
use steel products or foundry products on this project if awarded. I understand that violations
hereunder may result in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this 10 day of 1rAOV , 20AV
Subscribed and sworn to before me this
My Commission Expires _2
s .a _ _ County of Residence
FUZABETH C OBED
No:a Nubim, State of Indiana
st Joseph Coun
O MY iiommlaslon Fx�plras
ril2t 2022
Non -Collusion Non -Debarment Affidavit Non Iran Fomr
liiS or1GFrLseryn+i�h
Contractor/Bidder (Firm)
Signaturb of Contractor/Bidder or Its Agent
9i(Ir-1T-OrtSe(
Printed Name and Title
.L
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
11/28/16
Timmer
Department DCI
BPW Date 12/13/16 Phone Extension 5841
— Required Prior to Submittal to Board
Legal ® Attorney Name Michael Schmidt
Controller ® Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing
�- Check the Appropriate Item Type - Required for All Submissions
® Agreement ❑ Contract ❑ Proposal ❑ Addendum
❑ Professional Services ❑ Resolution
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award
❑ Change Order No. ❑ C/O & PCA No. ❑ PCA
❑ Ease/Encroach. ❑ Traffic Control
❑ Other: Amendment
Required Information
Company or Vendor Name Historic Preservation Commission of South Bend & St Joseph Co
New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE ❑ WBE
MBE/WBE Contractor Requested ® No ❑ Yes Name of Company
Project Name
Project Number
Funding Source
Account No.
Amount
Agreement for Programs and Services
4U8.1UU1.460.39.58 ,CfxH EjL;Lp(�,'r'
'111
Terms of Contract 1/01/17 - 12/31/17
Purpose/Description Collect data, educate the public conduct historic review of federal
rp oiects
® Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.
Required For Change Orders Only
Amount of ❑ Increase $
❑ Decrease $
Previous Amount $
Current Percent of Change: %
New Amount
Total Percent of Change:
Copy
Original
❑
❑
Love
Dispersal After Approval