Loading...
HomeMy WebLinkAbout6B (6)MEMORANDUM TO: Redevelopment Commission FROM: Beth Leonard -In cam' X8(0 RE: Resolution #2987 and Master Agency Agreement for Parking Management of City Garages and On- street Enforcement DATE: December 9, 2011 Attached is Resolution #2987 authorizing a Master Agency agreement which transfers from the Board of Public Works to the Redevelopment Commission oversight of the Main/Colfax and Leighton Street Garages and On- Street Enforcement which are under the Board's purview. This action allows the Commission to award parking management services in a package with the Redevelopment Commission owned Wayne Street Garage. Larry Meteiver and I will be available to answer any questions. RESOLUTION NO. _2987 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE MANAGEMENT OF PARKING GARAGES AND ON- STREET PARKING ENFORCEMENT WHEREAS, the South Bend Board of Public Works (the "BPW ") is the owner of the parking garages located at: • 126 North Main Street, Main Street Garage • 118 -131 South Michigan Street, City Garage (the "City Garages "); and WHEREAS, the Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") is the owner of the parking garage located at: 121 East Wayne Street, Wayne Street Garage (the "Commission Garage "); and WHEREAS, the Commission has prepared bid specifications for the management of the Commission Garage; and WHEREAS, the BPW is responsible for On- Street Parking Enforcement and desires to contract with a third party for such enforcement; and WHEREAS, the BPW desires that the Commission act as the agent of the BPW in preparing bid specifications and entering into a management agreement for the City Garages and a contract for on- street parking enforcement (the "Project "); and WHEREAS, the BPW and the Commission desire to enter into an agency agreement wherein the Commission shall act as the agent of the BPW with respect to the Project, a copy of said Agency Agreement is attached hereto and incorporated herein as Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Agency Agreement and hereby authorizes its execution in substantially the form attached hereto as Exhibit "A" with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Agency Agreement with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on December 13, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission AGENCY AGREEMENT Parking Garages and On Street Parking This Agency Agreement, made and entered into as of the 1 st day of January, 2012, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the BPW designating the Commission to act as the BPW's agent to contract for the management of the parking garages owned by the BPW and to contract for on- street parking enforcement (the "Project" or "Projects ") located within the City of South Bend, Indiana. WITNESSETH: WHEREAS, at a meeting on December 13, 2011, the Commission adopted its Resolution No. agreeing to act as agent for the BPW and approved and authorized the execution of this Agency Agreement; and WHEREAS, at a meeting on December , 2011, the BPW authorized the Commission to act as its agent and approved and authorized the execution of this Agency Agreement; and WHEREAS, the Commission and the BPW desire to enter into this Agency Agreement in order to permit the Commission to act as agent for the BPW; and WHEREAS, the BPW desires to act as the agent of the Commission for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The BPW hereby empowers and appoints the Commission to act as the agent for the BPW for the limited purpose of contracting for and managing the parking garages owned by the BPW and for contracting for on- street parking enforcement for a period of three (3) years commencing on January 1, 2012 and ending December 31, 2014. The Commission shall select the contractors and sub - contractors, if any needed, and to enter into contracts for the Projects, all on behalf of the BPW. 2. This Agency Agreement shall immediately terminate upon breach by the Commission or the BPW of this Agency Agreement or any other agreement between the Commission and the BPW or upon notice at least seven (7) days in advance of the date of termination of this Agency Agreement. The authority and appointment herein contained is limited to the total cost for each of the Projects, as established by the award of contracts by the Commission pursuant to this Agency Agreement. herein. 3. The Commission hereby accepts the appointment as agent of the BPW as described 4. The Commission shall award such contracts as are necessary to complete each of the Projects and shall execute all contracts pursuant to this Agency Agreement and on behalf of the BPW. 5. The Commission, in the bidding of each contract, shall adopt specifications pertaining to the work to be performed, the timetable for the performance of the work, require performance, payment, and maintenance bonds as necessary or desirable, and such other matters as may be required by statute and /or the prevailing conditions in the South Bend community for public work, provided that such conditions, specifications and matters are consistent with the requirements set and approved by the BPW. The Commission may make such modifications and amendments as may be required for the completion of each Project, consistent with the overall requirements set and approved by the BPW, and may adopt such special conditions as may be required in its opinion to satisfactorily complete each Project, provided that such modifications, amendments or special conditions do not alter the character of each Project or reduce the value thereof. 6. The BPW hereby empowers the Commission to assume full responsibility for obtaining all necessary licenses, inspections, zoning approvals and permits and for performing any and all acts necessary to comply with the applicable statutory and regulatory requirements regarding each Project. 7. The sole responsibility for the Projects shall be that of the Commission, which has the sole responsibility to deal with contractors and subcontractors for each of the Projects. 8. The Commission shall have sole responsibility to inspect, on behalf of the BPW, all aspects of the Projects although the BPW reserves the right, at anytime, to conduct such independent inspections as it deems appropriate. If any Project is not completed in accordance with specifications or is unsatisfactory for any reason, the Commission, during the term of this Agency Agreement, shall make any and all claims on account thereof against any responsible third party. 9. The BPW hereby assigns to the Commission, during the term of this Agency Agreement, all its rights and benefits associated with each of the Projects. 10. The Commission, on behalf of the BPW, shall be responsible for processing all contractor claims for payment, consistent with its standard procedures. 11. The parties acknowledge that it is the responsibility of the BPW to carry, or cause others to carry, all risk insurance including bodily injury and property damage insurance and the Commission shall have no responsibility to obtain such insurance coverage. 12. The Commission shall contract for each of the Projects on behalf of the BPW. 13. The terms and conditions of this Agency Agreement shall inure to the benefit of and bind the respective parties hereto and their successors in interest and assigns, and no portion of this Agency Agreement may be assigned by any party without the prior written consent of the other party. 14. The agency provisions herein contained apply only as stated and shall not be deemed to create any partnership, joint venture or other enterprise of any type or nature between the South Bend Redevelopment Commission and the South Bend Board of Public Works. 15. No amendment, modification or alteration of the terms of this Agency Agreement shall be binding unless duly executed by the parties hereto in writing, dated subsequent to the date hereof. (Signature Page Follows) IN WITNESS WHEREOF, the undersigned execute this Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell Don Inks ATTEST: Linda Martin, Clerk