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HomeMy WebLinkAbout05-14-12 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, MAY 14, 2012 7: 00 P.M. 1. INVOCATION - REV. TONY SLAGLE 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS A. SWEARING IN OF CITIZEN MEMBER FOR THE PERSONNEL & FINANCE COMMITTEE B. BILL: NO. 12-36 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS KILLED IN THE LINE OF DUTY AND DECLARING FRIDAY, MAY 18, 2012 AS A DAY OF REMEMBRANCE AND DEDICATION TO ALL SOUTH BEND POLICE OFFICERS AND DECLARING MAY 14TH - MAY 18TH AS POLICE OFFICERS MEMORIAL WEEK IN SOUTH BEND 6. REPORTS OF CITY OFFICES A. UPDATE FROM MAYOR PETE BUTTIGIEG - 15 MINUTES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 13-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 14-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2- 12 . 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS 15-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123 . 2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS : COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES 16-12 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS 8 . BILLS, THIRD READING TIME: BILL NO. 13-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES 14-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2- 12 . 3 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS 15-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123 . 2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS (CNG) AND LIQUEFIED NATURAL GAS (LNG) AND RELATED ENERGY EFFICIENCIES 16-12 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1, 2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS 9. RESOLUTIONS BILL NO. 12-37 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, LLC 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME. NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Passible. w Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 20-20 OF ARTICLE 1, CHAPTER 20 VEHICLES AND TRAFFIC OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SAFETY REGULATIONS WHEN PASSING BICYCLES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the City of South Bend is dedicated to seeing that individuals have the opportunity to enjoy bicycle riding throughout the city in as safe a manner as possible. This requires both the motor vehicle operators, as well as bicyclists, to abide by the rules of the road. The Common Council further recognizes that there are many Indiana state laws codified into Title 9 of the Indiana Code, as well as regulations codified into the Manual on Uniform Traffic Control Devices (MUTCD)which govern bicycle traffic. The City of South Bend would like to implement additional safety regulations which would require a minimum of three feet (3') minimum distance from a bicyclist when passing such bicyclist by an operator of a motor vehicle. It is believed that sharing the road with bicyclists and motorists in South Bend may be enhanced by this regulation. Section I. Chapter 20, Article 1, Section 20-20 of the South Bend Municipal Code is amended to read in its entirety as follows: See. 20 2OReser,ed. See. 20-20 Minimum Passing Distance When Overtaking a Bicyclist. (a) (Definitions: Terms used in this sections shall have the following meanings: (1) "Bicyclist" shall mean a person using a bicycle as defined in Section 20-2 (a) (4) of this Code. (2) "Driver" shall have the meaning set forth in Section 20-2 (a) 10)of this Code. (3) "Motor vehicle" shall have the meaning set forth in Section 20-2 (a) (lb) of this Code. (4) "Operator"shall have the meaning set forth in Section 20-2 (a) (22)of this Code. (5) "Roadways" shall have the meaning set forth in Section 20-2 (a) (37) of this Code. 4SOUTH$�� iLy o f South Common Council m 3865 441 County-City Building e 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://wwri.south ben.din.gov President Oliver J. Davis April 18, 2012 Vice-President Members of the Common Council Karen L. White 4t'Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Tim Re: Bicycle Safety Ordinance 7" Scott First District Dear Council Members: Henry Davis, Jr. We are introducing the attached ordinance in the hope of making the City of South Second District g Bend a safer"bicycle friendly community". The proposed ordinance: Valerie Schey Third District * Would utilize terms currently defined in the South Bend Municipal Code Fred Ferlic o Would require the driver or operator of any motor vehicle driving on the Fourth District roadways of South Bend to overtake or pass a bicyclist when there is a safe David Varner distance of not less than three feet(3')between the motor vehicle and the bicycle Fifth District ® Would require all operators & drivers of motor vehicles and bicyclists to abide Oliver J. Davis by the applicable regulations set forth in Chapter 20 of the South Bend Municipal Sixth District Code addressing"Vehicles and Traffic" Derek D. Dieter a Would establish a fine of$15.00 for an operator or driver of a motor vehicle who At Large fails to overtake or pass a bicyclist with less than the 3' distance, with such fine Gavin Ferlic being payable through the Ordinance Violations Bureau(OVB). At Large The Bicycle Friendly Community Program (BFC) provides incentives, hands-on Karen L. White assistance, and award recognition for cities and towns which actively support At Large bicycling. BFC states that "A Bicycle Friendly Community welcomes cyclists by providing safe accommodation for cycling and encouraging people to bike for transportation and recreation". 1 am attaching a brochure which provides further information. The City of South Bend was named as a "Bicycle Friendly Community" in September of 2010 by the League of American Bicyclists. South Bend has developed a long-term plan for a 93-mile South Bend Network. As of this year, approximately 59.9 miles of bicycle routes have been established in South Bend Bicycle Safety Ordinance Cover Letter April 16,2012 Page 2 which consist of 13.8 miles of"multi-purpose paths separated from streets"; 16.4 miles of striped bake lanes; and 29.7 miles of"other designated on-street routes". We are also attaching brochures used in the City of Indianapolis, which have a similar ordinance regulation as the one we are proposing. One brochure is entitled "Share the Road" and sets forth safety tips for bicyclists & motorists, as well as a summary of ordinances & rules. Another brochure is entitled "Indy Bikeways" which provide tips on "sharing the road". The last Indianapolis brochure attached is a Q & A on various bicycle markings and safety tips. I have also provided a copy of a 2-page brochure sponsored by the Indiana State Police entitled "Bicycle Safety" We would anticipate that a similar educational campaign would take place in South Bend. We believe that there must be a greater awareness of safety tips through PSAs and brochures posted on the City's website for both bicyclists and motorists. As more people of all ages are biking, making our city a"bicycle friendly community" should continue to be a top priority, We look forward to talking about this topic with you further. Sincerely, Gavin Ferlic Council Member at Large Council Member Tim Scott 1 st District Council Member Council President Derek D. Dieter Council Member at Large Council Member Valerie Schey 3rd District Council Member Filed F i Attachments . ....4�n•S.EYYyly. 3 t o o � U m 1. U. 0 :o r < .A6 w fo LL. 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G , Named for the green paint used to mark t v went, . the"green lane"identifies potential con reap fie`. teen bicycles and cars. -- , • Motorists should cross bike lanes on 6're the pavement markings are dashed. • Bicyclists should use extra caution whe e1jing both along or across green lanes. DY wwvki bikeways r SHARRHWS WHAT ARE SHARROWS? Sharrow markings are pavement markings of a bike with two arrows above it and are intended to help bicyclists position themselves away from parked cars,to avoid being struck by suddenly opened car doors and to alert other road users to expect Bicyclists to occupy travel lanes.These markings will also be used in situations where it may not be obvious where bicyclists should be riding,such as et irate trtukiple turn lanes. ON SOME AYR Lfe ILL TAB YHA IN Y LIPPOS NV � o stagy TAI ory eaiQ•_ en ne co it'u fe to a right,ineludin ce ha2ards or substandard wr for a bicycle and vehicle to travel side WHY DO I NEED TO LOOK BEHIND ME BEFORE OPENING MY(All DOOR WHEN PARKED NEA ? Bicyclists,Iike.- rs,nee a antly scan the entire roadway safety.Chec ' ery car for a driver is difficult wh' a road Also,it is often impossi arge parked vehicles blo view Of vehicles,tinted wind etc.Mot s eir si k bac or to oor. It sib' Quid` ur. I It SE R AIR TO Ai Y AY IS_ fl; BIEYfLiS OT B #? clis on is . tf ac xp abiting) on riding a bicy on a roa the n nd duties that are cable p s a vehicle. if I WS IRA LANE,IS THE LANE This is used for travel lanes tha red by bicyclists and motorists.Shared lanes are different than bike lanes which are set aside for bicyclists and are marked by a solid white line. ARE THESE MARKI116S GOING TO BE OR EVERY SfR#kT THAT DOES NOT HAVE A BIKE LANE? These markings are used primarily on streets designated as part of the Indianapolis'bikeways networks.Additional sharrows may be considered on a case by case basis. Learn more about the Indianapolis Bikeways Plan at www.indy.gov/bikeways. r gar WIN 1=11 . Indianapolis Gregory A.Ballard,Mayor 10-28-2011 su'Oft'rrITI I& qpift W�_ W W Department of Public workS IF I SEE THESE MARKINGS IN A LANE, IS THE WHY ARE THE SHARROS ON SHELBY STREET LANE ONLY FOR BIKES? IN THE LEFT LANE, INSTEAD OF THE RIGHT? f No.This marking is used for travel lanes that are shared The original plan called for traditional bike lanes all by bicyclists and motorists. Shared lanes are different the way down Shelby Street along the curb. During than bike lanes which are set aside for bicyclists and a public meeting before the project, neighbors and are marked by a solid white line. business owners between Raymond Street and Troy Avenue expressed concern with eliminating the parking that would have been necessary to IF I DON'T SEE THESE MARKINGS, IS IT FAIR TO accommodate the bike lanes. As a compromise, the ASSUME THAT THE ROADWAY ISN'T A SHARED city decided to use sparrows in that area and to keep the four lanes of traffic (two in each direction),which LAME AND BICYCLISTS SHOULD NOT BE THERE? allows parking at specified times of the day. The City marked the middle most travel lane with sharrows to No. Bicyclists can ride on any street in Indianapolis accommodate the parking lane during part of the day. except for limited access freeways with signs explicitly This does not mean that the bicyclist has to use this prohibiting it.A person riding a bicycle upon a roadway middle lane when there are not any cars parked in the has all the rights and duties that are applicable to a curbside lane. person who drives a vehicle. ARE THESE MARKINGS GOING TO BE ON EVERY STREET THAT DOES NOT HAVE A BIKE LANE? 7,Z— ­1 1. % No. These markings are used primarily on streets designated as part of the Indianapolis' bikeways networks. Additional sharrows may be considered on a case by case basis. I NEVER USED TO SEE THESE MARKINGS. WHY ARE THEY BEING USED NOW? Prior to 2005, there was no official marking to use on streets with shared lanes. Now we have a marking for areas on the road where traditional bike lanes are not applicable, or possible, due to roadway restrictions. Mayor galiard launched Sustainindy and created the Office of Sustainability in October 2009.Sustainlndar is a bold and Innovative enterprise aimed at delivering long-term cost savings to the city, building the local economy, Improving our quality of we and enhancing our environmental and public health. Its efforts are designed to aggressively move Indianapolis forward in making it one of the most sustainable cities in the Midwest. www.sustainindy.org MAr Indianapolis Gregory R.Ballard,Mayor 10-28-2011 "Papstril illkwift WIVINN&Vr b U JL A—& 14 14 Department of Public Works SHARED ROADWAY MARKINGS FREQUENTLY ASKED AUESTIANS For the health of our citizens, to improve our ON SOME STREETS, BICYCLISTS RIDING OVER THIS environment and to save transportation costs,the City of Indianapolis is encouraging more people to get out MARKING WILL TAKE THE ENTIRE LANE. AREN9T of their cars and start riding their bikes. To further THEY SUPPOSED TO MOVE TO THE RIGHT? that effort,Indianapolis continues to eietend bike lanes A and trails in more areas of the city each year. Not always.Bicyclists are to stay to the right except to In a community that is safe, convenient and pleasant pass other bicyclists or vehicles, to prepare to make for bicycling, more people choose to bicycle for a left turn or when necessary to avoid conditions recreation and transportation. This helps improve that make it unsafe to continue along the right, fitness, health and air quality and creates a greater including freed or moving objects, surface hazards or sense of community. substandard width lanes too narrow for a bicycle and vehicle to travel side by side.Moving to the left in the lane to avoid car doors, for instance, even if it means WHAT DO THE MARKINGS OF A BIKE WITH TWO taking the entire lane,is permitted. ARROWS ABOVE IT ON THE STREETS MEAN? These are Shared Roadway, or "Sharrow," bicycle WHY DO I HEED TO LOOK BEHIND ME BEFORE markings, which are intended to help bicyclists OPENING MY CAR DOOR WHEN PARKED NEAR position themselves away from parked cars, to A BIKE LANE? CAN'T THE BICYCLISTS LOOK avoid being struck by suddenly opened car doors and to alert other road users to expect bicyclists INTO PARKED CARS AS THEY RIDE TO SEE IF to occupy travel lanes. These markings will also be SOMEONE IS Tye ABOUT TO OPEN DOOR? used in situations where it may not be obvious where iiJ Ey bicyclists should be riding, such as at intersections with multiple turn lanes. Bicyclists, like all road users, need to constantly scan the entire roadway for safety. Checking every car for a driver is difficult to do while paying attention to the ft road. Also, it is often impossible to see drivers due to x large parked vehicles blocking the view of other parked HDX vehicles, tinted windows, headrests, etc. Motorists www l bikeways should check their side view mirror or look back prior to opening their door. It is the driver's responsibility should any collision occur. Continued on next page. Mayor Ballard launched Sustainindy and created the Office of Sustainabiiity in October 2006.Sustainind a Is a bold and innovative enterprise aimed at delivering long-term cost savings to the City, building the local economy, improving our cluality of life and enhancing our environmental and public health. Its efforts are designed to aggressively move Indianapolis forward in making it one of the most sustainable cities in the Midwest. www.sustainindy.org Meow LLJ >W m ai 4$ z 4A LC O Q Q) U U -� L u tiJ 67 D �N 45 '� 3 __m 4) 43 m p�O N O U A L O ry 00 0 CJ L 3 4-1 i] l] E�P�Vj^N 1 � O � --� a� o 0 Q L 6l Q ° y ° U O P m ID 4-1 t% -C lS) S$ �] 7 lb Q 4) O i L lJ -ld q3 cc a1 p (S fS 43 L V CQ c4 i1 U l6 75 ® ® 0 0 0 9 � v 3 ac Ai 6� la 4A O 6 t51 v O Z +a 4-1 q3 oz z L C7 s O � O M 0 41 7? U C O O U r O gyp] Z v fl-• i D O M a�u t 3 ILI 4-1 4S 4 U v O 4 la D 40.1 � 75 Q 3 L v t�S m C. 7s 73 µ-. m 4S .� v - m c� v i to az �°' o 73 4-1� Y 4Li M .� L -*U, 4-1 Z- V � U U m U � [6 L O 4) 5 U 4-1 A i O v 4-1 � v7S s m ai U 4-1 v b 4) v �' Z ® L 4 m LC 4) O tQ '+'a v O L a 4 4- dj O M v O _ q D D v L -s .0 a �-1-- 4-1 U 73 m LD a. s u � s o 43 4A y (� v -L as v= IM 0 o 43 a� o u1 Q x 4-1 '- M v to +1 �]' s � q i NZ 4 U +i ---, ca L a v m E E . Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 3, SECTION 2-12.3 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING PROCEDURE FOR ADDRESSING CITIZEN APPOINTMENTS STATEMENT OF PURPOSE AND INTENT In 1990, the South Bend Common Council passed Ordinance No. 8102-90 which established procedures for appointing residents of the City of South Bend to various boards and commissions. The overall process has worked very effectively, however, in light of technological advancements made since then and the growing need for enhanced technology, improvements are believed to be necessary. The proposed amendments would require quarterly updates to be sent by all appointees of the Council via email to the Office of the City Clerk, with in-person updates continuing to be required upon request of the Council. These amendments are believed to be in the best interests of the city by improving communication and transparency. Section 1. Chapter 2, Article 3, Section 2-12.3 of the South Bend Municipal Code is amended to read in its entirety as follows: See. 2-12.3 Procedure for Addressing Citizen Appointments. (a) All Council appointments of citizen members by the Council to various boards and commissions of the City shall be consistent with the procedures set forth in this section. (b) It shall be the duty of the City Clerk's Office to notify the Council President in writing of all Council citizen appointments which are to expire at least sixty (60) days prior to the date of expiration. (c) After notice is received from the Clerk's Office of upcoming citizen appointment(s), it shall be the duty of the Council President to announce at the next regular meeting of the Common Council under Special Business, the name of the committee, commission, board or other agency of the City to which the Council will be making a citizen appointment, the deadline in which to file an application form, and that such forms are available through the City Clerk's Office. (d) Application forms shall be made available through the City Clerk's Office for all persons interested in consideration for a Council appointment as a citizen member. Such forms shall include but not be limited to verification of the following information. Ordinance on Procedure Addressing Citizen Appointments Page 2 (1) Complete legal name, address,aftd telephone number, cell number and email address of the applicant. (2) Years of residency within the City of South Bend. (3) Political party if applicable to the appointment. (4) Qualifications as to why the applicant believes he or she would be a qualified candidate for the citizen position. (S) Summary of educational background, listing degrees and area of interest from any institutions of higher learning. (6) Summary of employment history. (7) Involvement or participation in professional public service or other types of organizations. (S) Availability to attend meetings in the AM and PM. (e) All candidates who file a completed application form shall be scheduled for an interview with the Council President and/or Chairperson of the Council Committee or Council Member appointed to serve on the board or commission related to the appointment in question. All other interested Council Members may attend such interview. (f) Persons selected by the Council as citizen representatives must have been residents of the City of South Bend for not less than one (1) year prior to the appointment and shall continue such residency as a qualification for said appointment. All appointees must update the Office of the City Clerk and the entity on which_he_or she is appointed to of any changes to his or her address, telephone, cell phone or email addresses u on such change taking lace. (g) All such appointments shall serve without compensation for the term as indicated. (h) All citizen appointments shall agree as a qualification for appointment that he or she shall verbally report to the appropriate Council Committee and/or to the Common Council under Special Business at least once per calendar year with an overview of the items handled through the Ordinance on Procedure Addressing Citizen Appointments Page 3 committee, commission, or other agency on which he or she participates. In the event of multiple Council citizen appointments to a committee board, commission, or other agency, the Council citizen appointments shall rotate such reports among such persons. All citizen a ointments shall further agree as a_qualification for appointment that he or she shall provide written quarterly updates. Such_reports shall summarize activities on the entity on which he or she serves and highlight on oin and/or u comin key activities under consideration. Such report shall be emailed to the Office of the City Clerk who shall forward the same to the Common Council (i) All citizens appointed by the Common,Council serve at the pleasure of the Council, and may also be removed for failure to abide by the regulations set forth in this Section. W All application forms of persons not selected for a specific Council appointment shall be kept on file in the City Clerk's Office for a period of one (1) year in the event of a vacancy. (Ord. No. 8102-90, § I) 20 Section 11. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect fr after 'ts passage by the Common Council, approval by the Mayor and legal publi Co i1 ember avis District Council Member Council Member Henry Davis, Jr. 2'd District Council Member Council Member Karen L. White Council Member at Large Member of the Common Council zo Editor's Note—Section 2 of Ord.No.7108-82 repealed former Art.3 which consisted of§§2-14 and 2-15 pertaining to the City Clerk. Former§ 2-14 derived from§2-7 of the 1462 Code. Subsequently, § 1 of Ord.No. 8102-90 added a new§2-12.2,thus duplicating the section number used in Art.2. The City has instructed the inclusion of the ordinance as§2-12.3 in a new Art. 3. Ordinance on Procedure Addressing Citizen Appointments Page 4 o&L'Iw : John Voorde, City Clerk 9�wwl to by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock . m. Janice Talboom, Deputy Clerk C�01&nnvW,rl-y Via, ~W by me on the day of , 2012, at o'clock .rn. Pete Buttigieg Mayor of the City of South Bend, Indiana READING A"S p +y,s 1 PUBLIC H.rAPNa 3 rd READING R:i$ TV.UEND,#NI NOT APPROVED REFERRED - PA55ED i o �� a City- ®f South Bend 4 Common Council 1865 441 County-City Building e 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://ww southbendin.gov Derek D. Dieter w President April 18, 2012 Oliver J. Davis Vice-President Members of the Common Council 4th Floor County-City Building Karen L. White Chairperson, Committee South Bend, Indiana 46601 of the Whole Re; Procedure for Addressing Appointments Made by the Common Tim Scott Council First District Dear Council Members. Henry Davis, Jr. Second District We are attaching a proposed ordinance for your review. It would update the Council's current regulations for making citizen appointments to the various Third District Valerie boards, commissions, and other agencies. stri Fred Ferlic The ordinance would have as part of the application process that each Fourth District applicant include his or her cell number, as well as their email address. Additionally it calls for a quarterly update from each citizen appointee via David Varner sending such quarterly reports via email. Such reports would summarize past Fifth District activities as well as ongoing and/or upcoming key activities which are under Oliver J. Davis consideration. Sixth District The Common Council will be acting upon a Resolution at the April 23rd Derek D. Dieter Council meeting which thanks all past and former citizen appointees for their At Large dedicated time and service. We believe that the proposed amendments would assist the Council with regard to receiving regular and systematic informal Gavin Ferlic updates from each of our citizen appointments. We look forward to At Large discussing this proposed ordinance with you. Karen L. White Av At Large s Karen L. White -President Council Member at Large Henry Davis, Jr. it er N, _ " ' 2 d District Council Member p Attachment Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, BY THE INCLUSION OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-123.2 ADDRESSING REGULATIONS AND REPORTING MECHANISMS ON CITY USAGE OF ALTERNATIVE FUELS: COMPRESSED NATURAL GAS CNG AND LIQUEFIED NATURAL GAS LNG AND RELATED ENERGY EFFICIENCIES STATEMENT OF PURPOSE AND INTENT In 1982, the South Bend Common Council passed Ordinance No. 7108-82 which was subsequently updated by Ordinance No. 7739-87 in 1987. Those regulations among other things, set forth an annual reporting requirement on all motor vehicles owned or operated by the City of South Bend, with such report due by July 31" of each year. Those regulations are codified into the South Bend Municipal Code as Section 2-123. Pursuant to those regulations, the Central Services Director now files an annual CD along with a written report which summarizes by Department detailed information on all vehicles which are part of the City Fleet. On February 27, 2012, the Council adopted Resolution No. 4158-12 which recommended stepped-up initiatives so that more "best practices" addressing fuel-efficient sustainable programs be implemented. That Resolution urged the City Energy Director and the Green Ribbon Commission to collaborate and regularly update the Common Council. This ordinance is introduced in the interest of carrying out the goals and objectives of Resolution No. 4158-12 and to implement many of the proposals and initiatives promoted by the U.S, Department of Energy addressing energy efficiency and renewable energy as well as the Office of Energy Development for the State of Indiana. The City of South Bend Central Services Division is currently a silver member of the South Shore Clean Cities, Inc. (SSCC) which was founded on June 15, 1999 as part of the Clean Cities Coalition. The Coalition is dedicated "to preserve and revitalize Northern Indiana by promoting the use of clean fuels and clean vehicle technology". Section 1. Chapter 2, Article 8, Section 2-123.2 of the South Bend Municipal Code is created to read in its entirety as follows: See. 2-123.2 Regulations and Reporting Mechanisms on City Usage of Alternative Fuels: Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG). (a) Purpose and Intent: This section is aimed at promoting greater usage by the City of South Bend of alternative fuels and overall energy efficiency. It is believed that greater usage of alternative fuel vehicle conversion programs, related infrastructure improvements, implementation of more hybrid vehicles, and further diversification of the City's vehicle fleet will result in cleaner air and cost savings for taxpayers. It is further believed that the City should pursue all grants available which are aimed at energy efficiency, reducing energy costs, and reducing fossil fuel emissions. Ordinance Addressing Alternative Fuels Page 2 (b) Semi-Annual Re ortin : In addition to the reporting requirements codified in Section 2- 123 of the South Bend Municipal Code, the Central Services Director and other individual(s) designated by the Director of Public Works in conjunction with the City Energy Director shall file reports on or before July I5t and January 15`h of each year addressing the following: (1) Summary of all alternative fuel vehicle grants pursued, including but not limited to such funding sources as the Alternative Fuel Vehicle (AFV) grant and other grants administered by the Indiana Office of Energy Development.' (2) Summary of work with the U.S. Department of Energy's Clean Cities organizations such as the Greater Indiana Clean Cities Coalition and the South Shore Clean Cities, Inc. (3) Summary of vehicles that have been retrofitted to use compressed natural gas (CNG) and the savings in gallons of diesel fuel which has resulted. (4) Summary of any outreach programs and/or partnering with other entities including but not limited to the South Bend Community School Corporation, St. Joseph County, City of Mishawaka, TRANSPO, and other entities have vehicle fleets aimed at reducing energy demand, summary of measureable improvements in fuel efficiency, reduction of fuel costs and related data; bulk purchasing agreements; as well as developing plans for enhanced facility management and increased efficiency. (5) Updates on increasing the number public fueling stations in the city. (6) Summary of all grants pursued from the Energy Efficiency & Conservation Block Grant (EEC13G) program of the U.S. Department of Energy administered from the Indiana Office of Energy Development. (7) Summary of any other actions/programs aimed at increasing energy efficiency and establishing energy policies. (c) Upon receipt of such required filing, the Common Council shall determine whether an in- person report on such information should be scheduled at a Council meeting under "Reports of City Offices" by the individual(s) filing such report. Section II. Severability; If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Indiana Code § 4-4-32.2-1 through Indiana Code§ 4-4-32.2-16 sets forth the regulations addressing the"Alternative Fuel Fueling Station Grant Program"; and Indiana Code § 44-32.3-1 through Indiana Code § 4-4-32.3-14 sets forth the regulations addressing"Alternative Fuel Vehicle Grant Program for Local Units". Ordinance Addressing Alternative Fuels Page 3 Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Coun ' e Davis, Jr. grid Distric nc" mber t on Council e Oliver J, Davis th Di ct Council Member Mem er of the Common Council John Voorde, City Clerk ,T",j�?r&V by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2012, at o'clock—. m. Janice Talboom, Deputy Clerk Ciz�na�ua!� na!by me on the day of , 2012, at o'clock .m. Ii ed ilk C;f e.r k's 0 ffi=� Pete Buttigieg FA Mayor of the City of South Bend, Indiana WC AD EA€ IKO 183 Z n I READING ,T APPROVED SSED �0U TA 8� O ,ti,rli�il(t�l�l� d o qty of South en Common Council 2965 441 County-City Building e 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis April 17, 2012 Vice-President Members of the Common Council Chairs r White 4th Floor County-City Building of the Whole Chairperson, Committee South Bend, Indiana 46601 Tim Scott Re: Alternative Fuels First District Deal-Council Members: Henry Davis, Jr. Second District We are pleased to introduce for your review and discussion the attached ordinance. It would amend the City Code by incorporating semi-annual reporting updates to the Third District Valerie Sc Council by those in the City Administration charged with implementing energy efficiencies. In addition to updates on ongoing programs in this area, such reports Fred Ferlic would provide regular and systematic updates on the development of energy policies Fourth District within the City. David Varner We acknowledge that the City of South Bend is involved in the development of a Fifth District Strategic Energy Plan to address the current and long-term energy need of the city. However, completing the information loop on these endeavors, by regular updates and Oliver J. Davis Sixth District discussions may enhance these programs by raising greater awareness. Derek D. Dieter The State of Indiana and the U.S. Department of Energy have excellent websites to At Large assist communities like South Bend. If you go to the website for the Indiana Office of Energy Development: http://www.in,gov/ocd you will find information on: Gavin Ferlic At Large ® Alternative Fuel Vehicle (AFV) Grant ® Community Conservation Challenge (CCC) Karen, L. White . CHIP Grants At Large e Energy Action In Schools 0 Energy Grant Resources We are attaching a 1-page summary of Indiana's OED Energy Grant Resources; 2-page release on the alternative fuel vehicle grant program (AFV) which was in effect last year; and 3-pages on various Indiana and federal incentive programs and descriptions. In the Indiana Energy Insights dated January 9, 2012, it highlighted how the Town of Arcadia, Indiana, in partnership with the Hamilton Heights School Corporation, has set up a plan for four(4) of their buildings to become Energy Star rated, utilizing in part a Alternative Fuels Cover Letter April 17,2012 Page 2 $350,000 Energy Efficiency & Conservation Block Grant (EECBG) award resulting in a projected savings of$73,408 annually in energy costs. We have placed in the Office of the City Clerk 17-page U.S. Department of Energy's January 2012 Clean Cities Alternative Fuel Price Report. Because of the sheer volume of pages, we have also placed in the Office of the City Clerk extensive materials on how compressed natural gas is being used in the Leon County Schools in Florida; CNG facilities in Tallahassee; articles on how Ryder and Staples are using CNG tractors for their inventory transportation; how Sacramento purchased 53 LNG refuse trucks which are designed to "achieve a 98 percent reduction in particulate matter and a 99 percent reduction in nitrogen oxide emissions" which replaced thief "old, inefficient diesel-burning vehicles"; how AT & T's 10 year commitment to a "cleaner corporate fleet" has resulted in their 3,000'h CNG vehicle and their 4,00th ATV vehicle in their corporate vehicle fleet just to name a few. Council Member Henry Davis, Jr. had the opportunity to discuss this proposed ordinance with the City's Energy Director John Burke before filing this proposed ordinance. We look forward to discussing this with you. Thank you. Most sincerely, Council Me r e Davis, Jr. 2"d c o nc' ember au 1 M er Oliver J. Davis 6th District ouncil Member Attachments � . A. icy . AP Ri M�� _. OED: Energy Grant Resources Page l of I Energy Grant Resources On this page, you will find a variety of documents and other information relating to energy grants from the Office of Energy Development, as well as other state and federal sources. Indiana Energy Insights Indiana Energy Insights is a regularly updated blog about current and future energy grants. Click here to visit the blog. Grant Recipients Resources • OED Grant Management Svstem • OED American Recovery and Reinvestment Act ARRA Reporting System • State Enemv Program - American Recovea and Reinvestment Act SEP-ARRA Benefits Calcuiator • CCC Program Materials • Energy_Efficiency and Conservation Block Grant (EECBG) resources • Greater Indiana Clean Cities Coalition-ARRA presentation • Communications Marketin Materials • FedConnect Users Guide • Additional state and federal grant resources State Energy Program (SEP)-ARRA Benefits Calculator This is a Microsoft Excel document used for calculating grant benefits. This calculator provides individual modules or each of the followng areas: Renewables, Transportation, energy savings and resulting emission reductions. This tool is NOT intended to replace contractor or engineering suppliled estimates of your project savings. Results are simple and applicable to a broad range of environments, but are not sophisticated enough to accurately model all design issues. The outputs from this tool should only be used for reporting to DOE if site specific estimates are not available. Download the Calculator here, Please note this file contains macros that must be enabled before use. Community Conservation Challenge CCC Program Guidelines (Including signature pages and Section 106 Review): Download Here Supplemental CCC FAQ page can be downloaded here Energy Efficiency and Conservation dock Grant (EECBG) EECBG (non-entitlement) orientation presentation: Download here. EECBG Small business, Healthcare, Higher Education, Non profit Orientation presentation: Download here. EECBG Davis-Bacon Act Compliance and Monitoring: Click here. Note: This resource is provided for OED/EECBG grant sub-recipient information only EECBG Portfolio Manager: Click here EECBG Buy American Waivers: Click here. http://www.in.gov/oed/2616.htin 4/11/2012 Alternative Fuel Vehicle Grams Now Available for Indiana Commercial/Public Fleets Grants Will Encourage Conversion to More Ef cientl.Alternative Fuel Work Vehicles For Immediate Release Contact: Eric Burch 317-232-8944 eburchAoed.in.gov (Indianapolis)—Lt. Governor Becky Skillman has announced funds are being made available to the public and private sectors to help pay for conversion of fleet vehicles to alternative fuels. The Alternative Fuel Vehicle (AFV) grants will be available to government entities, businesses, school corporations, institutions of higher education,health care facilities and not-far-profit agencies in Indiana. "These grants are meant to increase our energy efficiency, reduce energy costs and reduce fossil fuel emissions," said Lt. Governor Skillman. "In the process we can create new jobs, and increase productivity, which is all part of healthy economic development." Grants from $40,000 to $500,000 will be available for on-road fleet vehicles only. The funds can be used to cover the cost differential between the cost of purchasing an alternative energy vehicle rather than a traditional fuel vehicle. It can also be used to defray the cost of retrofitting an existing vehicle. Infrastructure costs are not eligible in this grant program. The AFV program opens September 1, 2011 and applications will be accepted until September 30, 2011. Applicants are not required to match any award with local funds, but any leveraged .funds will earn an applicant additional points in the competitive grant scoring process. The program uses federal funds that are administered by the Indiana Office of Energy Development. There are a number of criteria any proposed project must meet. Among those criteria, the project must demonstrate measurable improvements in fuel efficiency,result in a reduction in fuel demand, and result in a reduction in fuel costs. A "fleet" is defined as five or more company vehicles. The applicant must own the vehicles, and they must be used for business primarily in Indiana. A complete list of criteria is available in the program guidelines which are available on line at http://www.mgrM.in.gov/2644.htm. The application process is also conducted online. Also as part of the AFV grant process, applicants must work with at least one of the U.S. Department of Energy's Clean Cities organizations in the state. In Indiana, there are two, Greater Indiana Clean Cities Coalition and South Shore Clean Cities Inc. in northwestem Indiana. The Office of Energy Development(OED)was created in December 2005 as an extension of the Indiana energy office. Under the Ieadership of Lt. 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AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LEASE WITH THE CITY OF SOUTH BEND BUILDING CORPORATION DATED AS OF APRIL 1,2003, AS AMENDED, PREVIOUSLY ENTERED INTO FOR THE CONSTRUCTION AND EQUIPPING OF A NEW CENTRAL FIRE STATION AND RENOVATING AND EXPANDING THE POLICE STATION AND REGARDING CERTAIN RELATED MATTERS STATEMENT OF PURPOSE AND INTENT The Common Council (the "Common Council") of the City of South Bend, Indiana (the "City"), previously approved and authorized the issuance and sale by the City of South Bend Building Corporation (the "Building Corporation") of its first mortgage revenue bonds to finance the costs of the construction and equipping of a new central fire station and the renovation and expansion of the police station (collectively, the "Project") pursuant to Ordinance No. 9415-03 adopted by the Common Council on April 28, 2003. The City previously entered into a lease for the Project with the Building Corporation, which lease is dated as of April 1, 2003, and which lease has been subsequently amended(the "Lease"). The Building Corporation issued its first Mortgage Revenue Bonds, Series 2003, in the aggregate principal amount of Twenty-one Million Three Hundred Thirty-five Thousand and 00/100 Dollars ($21,335,000.00), which bonds are presently outstanding in an aggregate principal amount of Fourteen Million Five Hundred Five Thousand and 00/100 Dollars ($14,505,000.00) (the "Prior Bonds") to finance the costs related to the Project. The Common Council desires that the Building Corporation proceed to refund the Prior Bonds to permit the City and the Building Corporation to reduce the lease rentals payable by the City under the terms of the Lease with the Building Corporation. The proceeds of such refunding bonds will be used to refund of the Prior Bonds and to pay the costs of issuance of the refunding bonds, which refunding bonds would be issued in an aggregate principal amount not to exceed Sixteen Million One Hundred Thousand and 00/100 Dollars ($16,100,000.00) (the "Refunding Bonds"). Additionally, the Common Council desires that the City and the Building Corporation amend the Lease following the sale of the Refunding Bonds to reduce the semiannual lease payments payable under the Lease by the City to correspond to the debt service for the Refunding Bonds as established pursuant to the terms of sale of the Refunding Bonds. BDDB01 9217911 v I NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: Section I. The Common Council hereby authorizes the Building Corporation to proceed with the refunding of the Prior Bonds in order to achieve a savings for the City. The Common Council hereby approves of the sale of the Refunding Bonds in an aggregate principal amount not to exceed Sixteen Million One Hundred Thousand and 001100 Dollars ($16,100,000.00). Section Il, The Mayor, the City Clerk and the Controller, and such other officers of the City as may be necessary and appropriate, are, and each of them is, hereby authorized to take any and all actions and to execute all such instruments as may be necessary or appropriate to accomplish the refunding of the Prior Bonds, in such forms as the officers executing the same shall deem proper, to be evidenced by the execution thereof, including, without limitation, (i) executing an addendum to lease to amend the Lease to provide for lower annual lease rental payments as a result of the refunding of the Prior Bonds, and (ii)entering into a continuing disclosure undertaking agreement to provide continuing disclosure with respect to the Refunding Bonds as required under the federal securities laws. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Cou 1 Attest: . ,.., and City Clerk Presented by me to the Mayor of the City of South Bend on the day of , 2012, at o'clock .in. City Clerk Approved and signed by me on the day of 2012, at o'clock m. Mayor, City of South B id f st READING AN. 1 a 2Q 'UBLIC HEARING 3 rd REAMNG •�.. �„ ___ .w JOT AF'I�t'OVED -2 - w. `ASSED V TO 12ooN GouNTY--CrrY BurmrtaG " .\ G Non 574/235-9216 227WJT,FTERS0NBrvD, PAX 574/235-9928 soum BEND,NaANA 46601-1830 09 a� 1865 CrrY of Sourp BpNr) NT1 BMIGIBG,MAYOR DEPARTMENT OF ADMINISTRATION AND .FINANCE April 1$, 2012 Mr. Derek D. Dieter, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: Ordinance of the Common Council—Refunding of 2003 City of South Bend Building Corporation ("Building Corporation") Bonds Dear President Dieter, Attached please find a Ordinance to authorize the Building Corporation to refund the 2003 Bonds and approve the sale of Refunding Bonds in an amount not to exceed $16,100,000.00 in order to reduce the lease rentals payable by the City under the terms of its Lease with the Building Corporation. The result of this effort is to save the City at least$450,000 over the remaining life of the Refunding Bonds. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on April 23, 2012 with 21" reading, public hearing and 3rd reading scheduled for May 14, 2012. Thank you for your attention to this request. If you should have any questions,please feel to contact me at 574-235-7500. Regards, Mark W. Neal City Controller '•���;=fir ��-,.:�.� :,, .. _ cc: Pete Buttigieg Mayor ,� . ...,., Mike Schmuhl, Chief of Staff Kathryn Roos, Deputy Chief of Staff t,P f i k`, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR DOCK JOINT TUBE, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1217 S. Walnut Street, South Bend, Indiana 46619, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana., situated in the Northwest Quarter of Section 14, and the Northeast Quarter of Section 15, Township 37 North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.95 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00°00'49" East along said West line of Walnut Street 479.91 feet; thence South 89°54'12" West, 725.03 feet; thence South 61°54'12" West, 42.91 feet; thence South 89 023'32" West, 437.13 feet; thence North 00°00'49" West parallel with said West line of Walnut Street, 504.26 feet; thence North 89°55'05" East, 1200 feet to the place of beginning. and which has Key Number 018-8021-084503 a/k/a 71-08-15-276-003.000-026, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq.; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. SECTION 111. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Coun�, of 'ieu Counmrdl Woni Co veS FA PR '. 7 �t�`i� CrN j.1.J1 t.i 1 4J 4•' is! p SECTION 1. The Common Council hereby determines and finds that the Petition for Personal Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana.Code § 6-1.1-12.1 et seq., for tax abatement. SECTION 11. The Common Council hereby determines and finds the following. A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; . D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 5-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections I through 3 of the Petition for Personal Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of personal property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 1200 Cou n-C n Bu LDrxc i�� C PHONF 574!235-9371 227 W.JPFFExsON 13cUU'VARD w��\PEACE '� � FAx 574/235-9021. Soun,i BEND,INDIANA 46601-1830 � R 1855 CTTY Or SouTx BEND PY-TE 13U°1"r-rGIEG, MAYOR C®MMVI iTy &r EcONOMZC IDEVELOPMENT April 17, 2012 Council Member Henry Davis, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Commercial Real Property Tax Abatement Petition for: R 2 Diagnostics, Inc. Dear Council Member Davis- Please find attached the Department of Community&Economic Development's report on a personal property tax abatement petition for the above-referenced Petitioner for the purchase of equipment at 1801 Commerce Drive. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the Department's findings relative to the above petition. The Petitioner, R 2 Diagnostics, Inc. proposes to purchase equipment which will cost $459,500. The Petitioner is seeking a five year personal property tax abatement for the equipment. A representative of the Petitioner will be available to meet with the Committee on Monday, May 14, 2012. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235-9278. Sincerely, 40'r V Kathy H Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Don Inks CommuNrrY Dsv>~rorm Ew EcoNomfirc Di;.vu.oPmmE,\,T PAMFL4 C. MEYLP DO)iALD F.INKS 5741235-9660 574/235-9371 Fix: 5741235-9469 you TR 1 200(c)Urt-Crx BurtDr.r PxotaE 574!235-9371 " i FAx 574!235-9021 227 W.1EFF�'RS01�:80133.EVARU =,, e�.qc SovTH BEND,INDIANA 46601-1 830 \� x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY 8V ECONOMIC IDEVELOPMENT TAX A BA T'EMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJEC'T': PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: R 2 DIAGNOSTICS, INC. DATE: April 17, 2012 On April 16,2012,a petition for personal property tax abatement consideration for property located at 1801 Commerce Drive was filed with the City Clerk by R 2 Diagnostics,Inc. Pursuant to Chapter 2,Article 6, Section 2-82 of the Municipal Code of the City of South Bend,this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition,investigated the area, and makes the following report. PROJECT SUMMARY R2 Diagnostics, Inc. (R2 D)!manufactures and sells clot based diagnostic kits that test for bleeding and clotting disorders. R21)uses proteins from Enzyme Research Laboratories (ERL)to insure the highest quality final products with no lot-to-lot variation. ERL is the primary supplier of coagulation and Ebrinolytic proteins for the research community, The Company's products are distributed worldwide to researchers and pharmaceutical companies to aid in the development of novel therapeutic compounds and assays to diagnose and treat coagulation/hemostatis disorders. R21) intends to purchase equipment in the amount of$459,500 to complement current equipment in order to support client demands and higher volume. Two of the tax key numbers are in Portage Township and two of the tax key numbers are in German Township. Using tax rates for Portage Township results in$18,317 of tax being abated and using tax CommuNiTy DEvFLorN5ENT Economic DFvEioPMENT PAMELA C. 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C1 = w +. d fD O N Y 2 E Co a > p R 0 Q7 N CL a Q1 C Q 7 (D > 6 c 2 U E x x V 0) Q1 m •a 'b Q � 'Y 0 CL m 'U P p � � x x U N Ra N fl (i w w EQ v ca m �n U) Z oo X5m ID m 1LI CQ ` E U -_ u Co N 7 (0 Zn 7 CA to 0 Q C7 -r U ��- 3 CITY OF SOUTH BEND PETITI®N FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.11 et sec v and South Bend Municipal Code Section 2-$4.52, eta for this petition states the following: I. Describe the proposed project, including information about the new manufacturing equipment personal property (equipment) to be installed, the amount of land to be used, if any, the proposed use of the equipment, and a general statement as to the value of the project to your business. This Broject encom asses the urchase of various of machine b R2 Diagnostics, Inc. D to corn lament current a ui ment in order to jqp2ort client demands and higher volume. RZD is a biotechnolo com an that in con unction with En me Research Laboratories RL focuses on the p.LoducLion of higL_qualitv innovative products for the homeostasis market. R2 is an ISO 13485:2003 certified co m an that uses hi hl urified and well characterised source roteins and materials to roduce rea ants for routine coagulation testing with ma'or ern 12hasis on the detection of thrombo hi]lia. R21) intends to Durchase a ui rnent in the amount of$459.50o in 2012. 2. The project will create _ 2 new, permanent jobs within the first year, representing a new annual payroll of $ 65,000 and will maintain 15 existing permanent full-tune and 1 existing part-ti-tune jobs representing an annual payroll of approximately $ $00 000 . The projected annual salaries for each new position created are estimated to be as follows: Lab Tech —R21) - $30 000 - $46,200 Su erviso Position- R2D- $60.,000- $90,000 Research Chemist - R21) - $91 000 - $110,500 The above amounts were computed usin the average hour] rate with frin e benefits.)_ 1 3. Estimate the total cost of the .Equipment: $459,500 4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly= held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST It,2 Ilia nostics Inc. 1801 Commerce Dr. South Bend IN 400% (b) The following other persons lease, intend to lease, or have an option to buy this Equipment (include corporate information as required in (4)(a) above, if applicable): NAME ADDRESS INTEREST N/A 5. Give a brief description of the overall nature of the business and of the operations occurring at the location for which tax abatement is requested: R2D manufactures and sells clot based diagnostic hits that test for bleedin2 and clotting disorders. R2D uses the proteins from ERL to insure the hi hest quality linal 2roducts with no lot-t®-lot variations These two points are critical to testing labs like the South, Bend Medical Foundation who-rely on our quality for_patient care. ERL is a primary supplier of coagulation and fbrinolytic proteins for the research community. The C2 panv's products are-� distributed worldwide to researchers and pharmaceutical cotn anies to aid in the development of novel therapeutic compounds and assays to diagnose and treat coagulation/hemostatis disorders. 6. The commonly known address of the property where the Equipment is to be located is: 1801 Commerce Drive South Bend IN 7. The Key Number of said property is: 025-1008,-033502, 025-1008-033508; 018-2183-6886129 018-2183-688603 S. Attach the legal description of the property where the equipment is to be located, marked Exhibit A, and is hereby incorporated herein. 2 9. Attach a map and/or plat describing the property where the equipment is to be located, marked Exhibit 13, and is hereby incorporated herein. 10. Attach photographs of the property, taken within 30 days of filing of this petition, marked Exhibit C, and hereby incorporated herein. 11. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ No equipment being replaced. The additional a ui rnent bein urchased to corn lerrrent existin a ui rnent in - order to meet new customer demands and increased volume. , (This information may be obtained from the St. Joseph County Assessors office 235-9523) 12. The current use of the real property where the Equipment is to be installed is Light Industrial _ _ and the current zoning is L1 (use) and N/A (height and area). ('Phis information may be obtained from the Building Department 235-9553) 13. Last the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 10 nav 11 __annrox $45,563;92 approx $7,551.60 (ERLL $1.726.90 R2D 09 PALIO approx $42,697.84 al2prox $10,579.10 ERL $645.$2 R2D, 0$ pay 09 approx „$47,901.27 appr ox$8,704.42 fERL) $606.37 R2D 0� a rox 36y p pp $ ppr 07 a ,715;42. a ox $17404.25 {ERI,), $221.7712213 06 j2a.1 07---approx $34,334.55 approx $0 ERA) $246.43 R2D (This information may be obtained from the St. ,Joseph County Treasurers office 235-9531) 14. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-tune and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-tune) and the current number of minority individuals (full and part-time). -R2D and ERL are equal pgportunity employers„,,,who do not discriminate in hiring, promotion, discharge, pay, fringe benefits and other aspects of ern to rnent on the basis of race color reli ion sex or national on in. 15. Describe on-site child care or day care facilities, services or benefits currently (Revised 8/2/02) 3 offered or proposed to be offered by the Petitioner for children of employees. There will be a designated "Kid Zone" for children of ern to ees to rise after school. The hours of the laboratory are 7:00 am —4:00 n. The children will be utilizing this space fora roximatel hour a day. The room will have computers and stud tables as well as ames for the children to use while the are waiting for their mother or father. This is not intended to be for all da care nor for children under school age. Currents no can to ees have children under school age. 16. What is your best estimate of the market value of the new Equipment after installation? $ 459,500 17. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? Year 1-$9,793.42, Year 2- $77834.73, Year 3- $g,226.47, Year 4- $4,113.23, Year 5- $1,566.95. Total Estimated abatement $31,534.50 See attached computation) 18. What is the commitment your firm will make to minority employment during the five years of tax abatement? R2D and ERL are a ual o ortuni ern to ers who do not discriminate in hiring, promotion, discharge, aaay, fringe benefits and other as ects of employment, on the basis of race color reli ion sex or national on in. With the new facility, a ui anent and antics ated rowth the com anies will fill all o enin s with Sualified individuals regardless of race color, reli ion sex or national on in. 19. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 20. The standard Industrial Classification Manual major group within which the proposed project would be classified, by number and description: R2I1 — 6214510„—Medical and D,iagnostip Laboratories E.RL— 541700-- Scientific research and Development Services 21. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: (Revised 8/2/02) 4 Same as #20 22. The real property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Airport Economic Development Area 23. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of .Mousing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; or other public financial assistance, including but not limited to public works improvements. N/A 24. .Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: No eguil2ment is being replaced. All new equipment will be used to complement existing equipment ln efforts to meet client demand and increased volume as operations expand. Without this a moment the company will not be and ec _ e th able to meet client dernand� , I cation which could in the time reduce the p client base and the associated sales. This reduction will surely attribute to a decline in employment and tax revenues. 25. The new manufacturing equipment will be used in the direct production, manufacture, fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible personal property and that the equipment was never before used by its owner for any purpose in Indiana. The signature at the end of this Petition is verification of this statement. 26. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: (Revised 8/2102) 5. Name: Jeffrey M. McGowan CPA. .Address: 210 S. Michigan St., Suite 200 City, State, Zip Code: South Pend IN 4660 . .� Telephone: 574-289-4011 YMEREFORE, Petitioner requests that the Common Council of the City of South Pend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization, area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Pend has been paid in full. Name of Property Owner(s): 2 Name) Ap (Type r printed name and capacity of signor if signed by an agent or representative of the owner) JOHN V{3ARDV CITE'CLERK,soUTH 6FEND,ray (Revised 8/2/02} 6 0 m m R o � o in O N O a O co O M a "' ao m = O O Iti 'n al r-4 M a1 1• Ot H mom: LD \ a O a q m a N O O O 00 N con rrnr ui Ir ir m ai ni r: µp In rn n Q y C) tt ,1 tAc z u y a p in 0 a O Q 00 rq o "} a `� ry + r 4� m C3 c°n m m Sri = rr1 ai r` co v Ln rLni O V w 0 0 m O aO O i O V m a ta; 00 00 ci N 00 o m ro Ln Q L(U� co n � m o a o O O 00 a a N `* �, z O ri m �-+ Ln o00^ oao Ln n O rn ry)co co AT O H O z Lu rq m � J m J � '-I ri O tLD a N r+1 vi +�+ U vi G e-1 Z y N � C CG {LJ LLJ l j -0 Ern ++ C CL q1 p cs - . CJ a�i 'a d a m 1 E +� p -0 aj > U as us tko +5 L N ' m w ix cu >- � = x c u, Q cnLn ¢ a = ¢ ¢ F-- � a _r City of South Bend Petition for Tangible Personal Property Tax Abatement Cons I deration Detail Listing of Property to be placed In service Intel iif ech-fi 11_rates-a nd_q uotes-29Augl1-updated150ct11.Xlsx instrument-quotes-27 Marl 2 intelliTech quotes for i-Fill system, larger system to accommodate the aluminum trays updated 27Mar12 uote Line item P-0- Date Quote q item# Description #units Lunit Subtotal Total IQ 2012-02-01 10597D M3-00020 XY platform,filler 1 $ 18,000 $ 18,000 y 2012-02-01 10597D M2-00067 i-Fill micro pumps,$7,600 ea 6 $ 7,600 $ 45,600 3 2012-02-01 105970 MK-10 GR 03103D Micro kit,10 mL 30 $ 60 $ 1,800 02012-02-01 10597D M3-00033 Roll-up dual-head crimper i $ 45,000 $ 45,000 $110,400 2011-9-21 verbal Validation package for i-Fill pumps 1 $ 7,500 $ 7,500 02011-11-2 10620 M3-00025 Stoppering fixture(machine) i $ 21,600 $ 21,600 2011-11-2 10620 M1-01423 Stopperjigs 40 $ 2,000 $ 80,000 $309,100 ©2012-03-22 verbal Monobloc filler for Sarstedt tubes 1 $ 190,000 $ 190,000 $190,000 Other Equipment for Project $_50 000 Project Total-> $459,500 A vile" ^dS City of South Bend Petition for Tangible Personal Property E aX Hpatement t;onsweratlon page 1 of 6 O Supplemental Information and Diagrams to support detail list of Property to be placed in service W . w J S� Y [Si I 1 n vv a , a r . . 2G7 F 7F .. . ........ ... _.F SIATF-MIZNI UI- titlV111:t1-llb Ldesignatean f'.T+ a ? '€ r%jmivr ao-n r rr .,r PERSONAL PROPERTY .��State Form 51764(R/1-06) PRIVACY NOTICE Prescribed by the Department of Local Government Fina The cast and any specific individual's salary information is confidential;the balance of the filing is public record °� -^� per IC 6-1.1-12.1-5.1 c and d. INSTRUCTIONS. 'fC��lxt+�v This statement must be submitted to the body designating the Ec ft�l'r�W t N M&Pur tic hearing if the designating body requires information from the applicant in making its decision about whether to omies Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or n:search and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. 'Projects'planned or committed to after July 1, 1987, and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1,1-12.1) 2. Approval of the designating body(City Council, Town Board, County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or Information technology equipment, BEFORE a deduction may be approved 3. To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a tiling extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year, 4. property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the Statement of Benefits. (106-1.1-12.1-5.6) 5. The schedules established under IC 6-1.1-12.14.5(d)and(e)apply to equipment installed after March 1, 2001. For equipment installed prior to March 2, 2001, the schedules and statutes in effect at the time shall continue to apply. (1C 6-1.1-12.1-4.5(o and(g)) e ®' Nam of tax ayer VZ I f�aklkCs� I(T, Address of taxpayer number and street,city,state,and ZiP code) l�D l Com Name of contact person Telephone number Michgi✓1 J. Morris 5�1y- Vb(6-zVDS ® m ® e r s ® • ®•e a ••e Name of designs' g body Resolution number(s) Ci t CID rn Location of property County DLGF taxing district number Gcarmars -11 coq Description of manufacturing equipment and/or research and development equipment ESTIMATED andlor logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE (use additional sheets if necessary) Manufacturing Equipment J R&D Equipment Logist Dist Equipment IT Equipment Curren:.u ,er Salaria� Number retained Salaries' Number additional Salaries ,t� ,158. q 1 t5 0IT 1513.y 1 �. b5,a�o i ® 8 B • '8 t ® '` Milli III Jill NOTE:Pursuant to!G 6-1.1-12.1-5.1 (d}(2)the MANUFACTURING R$O EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property is confidential, COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 40`i,3k1"i Plus estimated values of proposed project 45q.530 Less values of any property being replaced Net estimated values upon completion of project Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: � a hereby certify that the representations in this statement are true. Si tur f author epre i F Tit1 ` Date signed(month,day,year) 1 4 '141 cix,Aie J&Wr Attachment to: City of South Bend Petition for Tangible Personal Property Tax Abatement Consideration Detail Listing of Property to be placed in service intelliTe ch-fill_rates-and_quotes-29Augi 1-updatedlSOctl l.xisx instrument-quotes-27Mar12 intelliTech quotes for!-Fill system. Larger system to accommodate the aluminum trays updated 27Mar12 uate Line item p.01 Date Quote# Item# Desc_ a tion #units unit Subtotal Total 2012.02-01 10597D M3-00020 XY platform,filler 1 $ 18,000 $ 18,000 2 g2012-02-01 10597D M2-00067 i-Fill micro pumps,$7,600 ea 6 $ 7,600 $ 45,600 2012-02-01 10597D MK-10 GR 03103D Micro kit,10 mL 30 $ 60 $ 1,800 ®2012-02-01 105970 M3-00033 Roll-up Dual-head crimper 1 $ 45,000 $ 45,000 $110,400 2011-9-21 verbal Validation package for i-Fill pumps 1 $ 7,500 $ 7,500 QS 2011-11.2 10620 M3-00025 Stoppering fixture(machine) 1 $ 21,600 $ 21,600 2011-11-2 10620 M1-01423 Stopper jigs 40 $ 2,000 $ 80,000 $109,100 ©2012.03-22 verbal Monobloc filler for$arstedt tubes 1 $ 190,000 $190,000 $190,000 Other Equipment for Project $ 50.000 Project Total-> $459,500 r liL 1°n a We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5,provides for the following limitations as authorized under IC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years"(see below). The date this designation expires is 8.The type of deduction that is allowed in the designated area is limited to: 1, installation of new manufacturing equipment; ❑Ye s ❑N o 2. Installation of new research and development equipment; ❑Yes [:]N o 3. Installation of new logistical distribution equipment, ❑Yes [-IN o 4. Installation of new information technology equipment; ❑Yes ❑N o C. The amount of deduction applicable to new manufacturing equipment is limited to $ cast with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to $ cost with an assessed value of $ E.The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of G. Other limitations or conditions(specify} H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for: Ell year ❑6 years **For ERA's established prior to July 1,2000, l a ❑2 years ❑7 years 5 or 10 year schedule may be deducted. ❑3 years C1 years ❑4 years ❑9 years ❑5 years" ❑10 years" Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved:(signature and title of authorized member) Telephone number Gate signed{month,day,year) Attested by: Designated body If the designating body limits the time period during which an area is an economic revitalization area, it does not Irmit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 nuecmmMm io; City of South Send Petition for Tangible Personal Property Tax Abatement Consirteration Q Supplemental Information and Diagrams to support detail list of Property to be placed In service Page 1 of 6 CO a-. \ i i I J , E V I I o m W + b . z �1 CI 5 a z1` FR w 2 r? , 5 isF S m O _ Page 2 of 6 o Attachment to: City of South Bend Petition for Tangible Personal Property Tax Abatement Consideration Supplemental Information and Diagrams to support detail list of Property to be placed in service wpm in Pill 111111111#R s" I L,V Mir.Ro FRerisfaN pl, PISTON PUIMP Propislon PL pump WITH THE PIMPOS.A1346 CoNvzNm The 'FI t,tr•MvRn is a next generation liquid Pump that eliminates lime .onsuming changeovwa,expansive head afeaning and replacements- Sterilized,disposable its provide the oonvenlence of a pstis#altip pump while providing unmatch d fIOpeatahla dispense aCQUracy. digl#a(iy lntrall+3d pump aleQ eliminates manwjadj us#relents. i aT �,... oh Top I 74m1. ^{ r RisPesa41 N*d. r ;: E p611 Tjjp1?:1 ogo. plspGsable plead. il$o Infl Uri .:'. � P t!'�Mlti tead.t 7fri �gll' i Hf#ad 14aq i � A, iii fill*40400*h';:rftPMmerrded sft#WP f41 Ilia Y �}�t►1i :range !#tt F #e #t opor, +` <4 pry p sfAdowtl �l; Aga ire anahf 9111NOF0.040 ls3 d hr tfQft "' �: srr a.WrIN,N r raml�lie stlop f ir�im I��ati t�lr ` i Ppwo °li .0 ra # a fsar�a' �V p #� �4 �E 7 11 tltlpI✓ Fan d #rR� a ro i y u f' , a)c + eplf? iPtih�{ ionaf 1 �p► tip .�, .aid � t: Y}� '. ,� d� lA�y"-.✓" rr �`� 54.�`-� ht � 1 �Tjilft , ,. ."Racnment ro: O City of South Send Petition for Tangible Personal Property Tax Abatement Consideration Page 3 of 6 Supplemental Information and Diagrams to support detail list of Property to be placed in service Filling TECH Tb eds Today . . . . _ . . ® f Z LL®® I p MODELS,. ®Tp ®T- 1 ®p Mp M- 1 Precision PL Pump SPECIFICATIONS options A +/-0,25% Validation Support tmp Need iQ—Installation qualification support documents confirme the Head Saes 1.75 mL, 10 mL 1FILL."MicRo meets the design apealfications and is properly Fill Volume Range 20 NL,to 1.5 ml,or to 10mL installed. QQ�operational qualification support documents ensure t abinet[)irnefiSiiins 14"W x 7"H x g.5"D 3Flt.t Micah perf6rri'la to the.. Standard Power 120V/6t?Hz/16 Amp Proper specifications for its intended use, QPtlonal 220V/5OHz/10 Amp p€sposable 14ta rC t Sizes . 114,118tht or,1/16th`Tubrng, 18"supply anal dlspense.lengtha, Encloaulre 304 SS, lZlgh#cir Leff.Pump dead Mount Vol Wng,luerfi ings BotF stt nis�i nOn-sterile Intetfaas Wrndcws CB,Touch Screen FDA approved materials Cvrfneotivns Power;;.Fill Trigger,Btiierrset,Fuse,Paver Switoh ` 14e1t.pr IBIgh#.IFt4acJ Position 128 f3e6 ipe's,Programmable Apcel,oonstant"ar' DeceI for Bath Jrataike arfsi Discharge : MEtrHAN.10AL 0"UTLINit, F7 77 77 �1 9.4 8.3 7:4 . 8.0. 10.0 15;3 i Z813 1:ANDING I Arne�-WE9TfVllhl�T l2 Nt�gf1YLAN0 21 1 5'7 2 41 P137Fi 3'529 p WWtiV.kraT�Li(TECH-11,1C.GONt OCity of South Bend Petition for Tangible Personal'Property Tax Abatement Consideration Page 4 of 6 4 Supplemental Information and Diagrams to support detail list of Property to be placed in service M1 III dr e 04, 4 �t i. ,j . F r x - k rsi A CPO; M6tal N JVIIL LV. City of South Bend Petition for Tangible Personal Property Tax Abatement Consideration Page 5 of 6 �5 Supplemental information and Diagrams to support detaii list of Property to be placed in service t 11Mg : i» t 1 nt c}f T dJ II lei t -r� � 1 ?�a F�c . F, :" . VF soh w IO 7 — N N O6 Attachment to: City of South Bend Petition for Tangible Personal Property Tax Abatement Consideration page 6 of 6 Supplemental Information and Diagrams to support detail list of Property to be placed in service t A t i S�3fX Q Page 2 of 6 Attachment to: City of South Bend Petition for Tangible Personal Property Tax Abatement Consideration Supplemental Information and Diagrams to support detail list of Property to be placed in service WNW KA I - 11 ,0111CRO PREE310ION /JL PISTON PUMP praclogn pt P'umP WITH TH E I P619AR [,.I The 'Fit-L,mjoRn is a next QjP:eraVQn liquid puma that eliminates }fi' mnaumi eh gawork,O"n Gleaning and repfacemeilt% tafilized,dispas419 kits F'Ovide ttta ot?nVenienQQ Of a peristaitfQ u %i h(!a p rnvid n grimmoNd re. ..table cilia nst;aeQ►�racy P P ! p. '[hQ.�f �tal�y intralf dd pwlmp alsg eflfnittatet3 manual.adttlstrn hts W.. ..;, X .r1 T PP ` CS yy'jF } :d. � T !f'If'1'iflf3 1�[pur4t�(�iaitf: QuntlMph �► #�! `It x �ait4Gg * r; l�pl�ift)nitft CeGW lrlfs �tblp S ,�hawn t�+ih t�f*Hanc! JA R d; m,i Jl Marna t n�� lfh r, ati� fg Qoura t, „ysrs er �41�F�Ib�re q{!�Qhf C a a la 1pp-' RM F P,�np 9rx � t�ti tJ n _ sr a�rR 1 t i r • 4. i r ri ► d Pt�n��mf0fM ah rlt� #�r 3 }� v NTX t1PC P� mJ� llf�rfCJam Ft n k7 WPM ` fin riP '. $ � tV f �iJ kt P C 11 ppT Wl h CQnaJ Y i Supplemental Information and Diagrams to support detail list of Property to be placed in service Filling TomorroM Needs Today iFILLO MICRO M®13MUS: BT) E3T-1 ®, m, m-1 Precision pt Pump SPECIFICATIONS options +/•o.2S9b Validation support FUm d IQ—lnstallation qualification suppgrk documents confirms the Head Sues 1.76 ml„ 10 ml, iFt(.V MICRO meets the design specifications and is properly Fill Volume Range 20 Nl-to 1,5 mI,or to 1 Qml• installed, Dove 0.0�Operatiaiaal qualification Gabino#�}irrienslons 1.4 W z 7"M x 8,6"D suppar#documents ensure iF1LL,-MICRO parfgrms to the....: Standard Power 120V!6OHi 11 p Amp proper specificatrons tar its intended use,. :' �' Options! 226V 16oMz/1 Q Amp isppsbla Flsad FCft:S6�05 114 1Hfh,or fY1 Btt+Tubing, 18"supplyandA spopwlens#ha, 1^nClpsttre 304 SSI Right 4r Left Pomp Maad,Nl4unt valv�ng;luer fittings In#arface VlifndowsCl;, Tauah Scrt an Both stenle&nqn sterile': FpA approved piatenafs . . : Corinec#tans` f?owerJ tl!�ngget, Ekhernet,Fuse,. owerSwrt0 `Left or R#gh#Head l?aaitlon 128 F eoipe's,Pro rammalila Aacel Cona an f or De'el Soth.lntake and,D;aahargs S. 1aa { 1,.$007 t4s 4 rNO LAP1810 WJ SrP�IIFIFT R, MARYLANO`�i 157 m �kl'!7 F�7fa ft�29-p www-inCre rrr crl r�C �pi� •:� Lily of auum mviFV rCLMVII IVI IYtI Itj I VIV r91­­1 I VF.-Y Ian�rwu=e•�•� •�vv.�.s.�.g•wuvi Supplemental Information and Diagrams to support detail list of Property to be placed in service ao m - n J V (3 #, k....,, l V" U i)i tri -i 1 .i ... 6 r ca if JE p�JET. r. rn up v.... uca c.u. .o+.y.......: ....-1 .r y .-... �............... . oVo J'.� Q Supplemental Information and Diagrams to support detail list of Property to be placed in service AD r- m rx t tit [[`ti Ho . q a *ttacMmenloz �h City,«South Bend Petition for Tangible Personal Property Tax Abatement C;ousid'mn/oo Page»mn Supplemental Information and Diagrams to support detail list of Property to be placed in service tj tA iLL '- Attachment to: City of South Bend Petition for Tangible personal property Tax Abatement Consideration: Exhibit A: Legal Description E PT Lot 25 Airport Industrial park Phase II- Sec 33-38-2E Coat.40 acres- /- W 287 ITT of Lot 25 Airport Industrial Park Phase II-S.W.1-4 Sec 33 -38-2E 1.57 acres S 84-5 FT of Lot 24 S.W. Sec 33-38-2E Attachment to: City of South Bend Petition for Tangible personal property Tax Abatement Consideration: Exhitbit B: Map of Property where the equipment is to be located, 1801 commerce Dr,South Bend, IN 46628-1562 httn-//mFinfi.v,qhoo.com/nrint?hii.,;ine-q=&Iocation=I 901 11/o20Cnmmerce%20D0/`?.C"/`?.Oqn viv?n j Attachment to: City of South Bend Petition for Tangible personal property Tax Abatement consmew don: Exhibit£= Location Picture �\~\ ?.m /2 . ��:�.\ d...\ »? « - |���\ P3 � RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL- MOGUL POWERTRAIN9 INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M., St. Joseph County, Indiana, and more particularly described as follows: Beginning at a point on the East-West Half section line of said East Half North 88 degrees 53 minutes 36 second East 915.58 feet from the center of said Section 21; thence North 0 degrees 56 minutes 57 seconds West 338.80 feet; thence North 88 degrees 53 minutes 36 seconds East, parallel with the East- West half section line of said Section, 800.00 feet; thence South 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.I4 feet along an are to the right having a radius of 4463.66 feet and subtended by a long chord having a bearing of North 54 degrees 36 minutes 59 seconds West and a distance of 549.80 feet;thence North 51 degrees 05 minutes 08 seconds West 465.22 feet;thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East-West half section line of said East half the point of beginning, and containing 26.203 acres,more or less and which has Key Number 25-1013-0218 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et M., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 12.1, et seer., and South Bend Municipal Code Sections 2-76, et sec., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1-12.1-4.5 et seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION 11. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of(5)five years. SECTION VI. The Common Council directs the City Cleric to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. � �J, Member of the Common Council of `- w,, and council aor F��► �e pit 7200 COUNTY-CITY Bl,ILJ)ING PHONH 574/9 3 5-9377 z3.71K�.J>ar>>1so I3nz-I>vAilz ' -e FAx 5741 235-902 I �.. M Scw-m Bi-,No,INDSAINA 466w-783o e l a IS65 CITY OF SOUTH BEND PF-TF, Bu=ciEG, MAYOR CMM UNTrY & ECONOM>C DEVELOP ENT May 2, 2012 Council Member Henry Davis, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: Federal- Mogul Powertrain, Inc. Dear Council Member Davis: Please find attached the Department of Community & Economic Development's report on a personal property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the acquisition and installation of new equipment as part of the company's planned increase in productive capacity in its facility located at 3605 West Cleveland Road. The report contains the Department's findings relative to the above petition. Federal Mogul will be purchasing and installing new equipment. The total project cost for the equipment is estimated at $21,802,000. The project meets the qualifications for a(5)five-year personal property tax abatement and a representative from Federal Mogul will be available to meet with the Committee on Monday,May 14,2012. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-9278. Sincerely, ell 4 Kathy Hahn Economic Development Specialist Attachments cc: South Bend Common Council Members Mayor Buttigieg Aladean DeRose Don Inks COMMUNITY Drva.opmr.N7' � ECONOMic D.FwF. (IPmF.NT PAMIL4 C.LVEu UonACn L,INi5 574/235-9660 5141235-997 FAX:374 1'1 5-94 69 3200 COUNTY-CITY BUILDING PHONF 574/?.35-9371 )'27\V,JLFFERsoN Bovi.Fvmio FAX 574/235-902J PE ,SOUTH BIUD, INDIANA 4()6()]-1$'.iO 1965 Cn-y o • Sourp BEND PETF Bu=icmc, MAYOR C 0 Ni M U NTITY & ECONOMIC D EVEL0 P1\1F-NT LAX ABA TEMENT REPORT TO: SOUTH BEND REDEVELOPMENT COMMISSION FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: FEDERAL- MOGUL POWERTRAIN, INC. DATE: May 1, 2012 On April 30, 2012 a petition for personal property tax abatement consideration for property located at 3605 West Cleveland Road was filed with the City Clerk by Federal-Mogul Powertrain,Inc. Pursuant to Chapter 2, Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to T,C.6-1.1-12.1 and whether all zoning requirements have been met. g The Department of Community and Economic Development has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Federal-Mogul Powertrain, Inc. is a manufacturer of automotive pistons. Customers include most of the major foreign and domestic automotive manufacturers. Operations in South Bend began in 1987, Federal- Mogul, Inc, has maintained employment levels consistently between 300 and 400 full time positions with total salaries between $18 million and $20 million. Total gross sales generated from the South Bend facility averaged $82 million over the past five years.Approval of this application will allow for continued capital investment in the South Bend facility. Without additional investment and greater production efficiencies offered by newer processes and new product lines,more than 70%of the existing production would likely be shifted outside of Indiana- most likely to another country. The project will invest $18,340,000 in new manufacturing equipment including: 1) a Gen V 5.3L Piston Line ; 2) a Gen V 4.3L/6.2L Piston Line; 3) a LKW 2.5 L Piston Line; and 4) an aluminum bulk metal furnace. Additionally, they will install a new R& D prototype lab costing $3,462,000. The total project cost is COMMUNITY Ecx.) omjc DPvr-.i,oPmFN1 PA.mrLA C.Msym Do,;4Tn R Ms 574/235'9660 S7g1:35 9,7 FAX:S74/735-9461 South Bend Common Council RE: Tax Abatement Federal- Mogul Powertrain, Inc. May 1, 2012 Page 2 4.3L/6.2L Piston Line; 3) a LKW 2.5 L Piston Line; and 4) an aluminum bulk metal furnace. Additionally, they will install a new R & D prototype lab costing $3,462,000. The total project cost is $21,802,000. Total taxes to be abated during the (5) five-year abatement period are estimated at $215,239. Total new taxes to be paid over five years are$1,898,562. EMPLOYMENT IMPACT Per the petition,it is estimated that the total project will create twenty(20) new,permanent,full-time jobs within the first year, representing a new annual payroll of$932,000. The project will maintain 409 existing, pennanent full-time jobs representing an annual payroll of$20,503,000. ABATEMENT !QUALIFICATION I. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with 15 (fifteen) previous tax abatements: Terns/Type Resolution No. Date 5-year personal property 3641-06 07/28/2006 5-year personal property 3397-04 10/28/2004 5-year personal property 3232-03 08/25/2003 5-year personal property 3086-02 04/22/2002 3-year real property 3085-02 04/22/2002 10-year real property 2929-00 09125//2000 5-year personal property 2930-00 09/25/2000 6-year real property 2686-98 10/26/1998 5-year personal property 2685-98 10/26/1998 5-year personal property 2174-94 09/26/1994 5-year personal property 2057-93 07/26/1993 10-year personal property 2056-93 07/26/1993 5-year personal property 1864-91 04/22/1991 5-year personal property #R07-86 05/13/1986 10-year real property #R07-86 05/13/1986 South Bend Common Council RE: Tax Abatement Federal- Mogul Powertrain, Inc. May 1, 2012 Page 3 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore, the petition for personal property tax deduction must first be approved by the South Bend Redevelopment Commission. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. 0 0 C? 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(fin 7 to O N .O o o LO 'p to O o e a R7 R7 @ f9 [9 (� � °�' a CD acian. a zs zQ .o °O on o m ry C r C6 O C (mg Y E E _ o 6 m 5 v O O �- UuJ @ o U cM .g EL y CL N C O O N ' E N (� C (� U N � b K X X �.. �[ a) Q) CU ti/ DT @ N a (9 W Y O 'Cs N U CQ CO N A N Cil y E Q Y m ^'^ U) N O O O '� cu � z i W m � z �' � nv a) (0� Q c Q N 5 E ~ U�,� i) (V D N rli 7 y [ 5 M 0 U) L u) L L U zn .j ¢ (9 � CITY" OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment, all personal property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et sere., and South Bend Municipal Code Section 2-84.2, et� sea., for this petition state the following: I Describe the proposed project, including information about the new personal property identified as manufacturing, research and development, logistical distribution and/or information technology equipment ("Equipment") to be installed, the amount of land to be used, if any, the proposed use of the Equipment, and a general statement as to the importance of the project to your business. If approved for abatement,new manufacturing equipment wilt be acquired and installed to manufacture three new product lines to Supptj Component parts(plMons and piston assemblies)to pulonrobfle rnanufaCturers;1)GM Gen v 5.31,PWon-cost$8,281,000,2)GM Gen V4,31-16.21.Pwon-cost f6,434,000, 3)GM LKW 2.51,Mston-cost$3,025,00,and 4)Aluminum Bu*Mall Fumace for Ford Nano.0os13600,000.Additionally,a new Prototype Lab will be added for continved R&D w11h a cost of$3,462,000. Continued new product lines with ever-increasing technological advances at the South Send facility are critical to the facility's Fong term viability, Federal-Mogul Powertrain, Inc. respectfully requests the South Send common Council approve a 10-Year Abatement for the multitudes of significant new investment associated wilh this abatement application. 2. The project will: (a) create„Y-2 permanent, full-time and__Q part- time jobs within the first year, representing a new annual payroll of $ and (b) maintain 409 existing, permanent, full-time and o existing, permanent, part-time jobs representing an annual payroll of$ 20,503,000 for existing employees. 3. Provide current wage information for existing employees including: base rate, cost- of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do Not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $ 13.69-23.98 $ n/a Technical $ 28.24 $ n/a /Managerial $ 34.57 $ n1a Administrative $ 26.45 $ n/a (Rev. 5/13/11) t 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition are attached hereto, marked "Exhibit C," and incorporated herein. 13. The current assessed valuation of the tangible personal properly to be replaced by the.new Equipment is $... a small portion of j, _aLls being replaced. (This information may be obtained at the St. Joseph County Assessor's office, 235- 9523) 14. The current use of the REAL_ property where the Equipment is to be installed is Manufacturina and the current zoning is 320 - Industrial Foundries/Heavy Mfq. (This information may be obtained from the Building Department, 235-9553) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR DEAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2010Pay201i $155,729.54 $869,887.62 2009Pay2010 $151,211.36 $872,687.68 200813ay2009 $169,488.22 $891,007.64 2007Pay2008 $250,256.47 $932,849.14 200613ay2007 $236,842.61 $800,551,62 (This information may be obtained from the St. Joseph County Treasurer's office, 235-9531) 16. Describe the commitment made within the past five years by your firm to hiring minority individuals, including number of minorities employed during each of the past five years, specifying whether full-time or part-time and whether permanent or temporary employees, The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time), Federal-Mogul Powertrain,Inc.will continue to comply with the Equal Employment Opportunity commission. We will continue to be actively involved with the Indiana Department of Training service&On The Job Training(OJT)Program. Current total employees Full-Time Permanent is 134 out of 409,and Full-Time Temporary is 8 out of 23,as of 12/3112411. 17. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. Federal-Mogul Powertrain,Inc.offers a dependent child care benefit through a pretax payroll deduction. 18. What is your best estimate of the market value of the new Equipment after installation? $ 8,720,800: Cost 21,802,000 x DLGF Percentage Good for Year 1,Pool#2 of 40% 19. What is your best estimate of the amount of taxes to be abated during each of the five years after Installation? $Estimated at$50,000 due to current DLGF prescribed tax calculation method (Rev. 5/13/11) 3 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? Federal-Mo of Powertrain Inc.will continue to comply with the Equal Ern to ment Opportunity Commission.Additional FederaWo ul Powertrain Inc.will continue to be actively involved with the Indiana Department of Training Service and On The Job Training(OJT)program. 21. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) 22. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach a separate sheet if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL, 3641-06-A Six-Year Personal Property Abatement approved on July 28,2006 3397-04-A Six-Year Personal Property Abatement approved on October 28,2004 2929-00-A Ten-Year Real Estate Abatement approved on September 28,2000 Several Other Personal Property Abatements were approved in 2003 and earlier years. 23. The Standard Industrial Classification (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description is: 7310 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description is: 3710-Manufacturing for Automotive Parts 25, The REAL property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: NIA 26. Other anticipated public financing for the project including, if any, industrial revenue-banding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. None (Rev. 5/13/11) 4 27. Describe how and why the manufacturing equipment, research and development equipment, logistical distribution equipment and/or information technology equipment to be replaced or the facility in which the Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: Approval of this application will allow continued capital investment in the south Bend Federal-Mogul facility- without additional investment and greater production efficiencies offered by newer processes and new product lines,more than 70% of the existing production would likely be shifted outside of Indiana-most likely to another country-employment levels and resulting tax revenues would both decline accordingly. 28. The new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I.C. 6-1.1-12.1 et sea. and the Equipment was never before used by its owner for any purpose in Indiana, (The signature at the end of this Petition is verification of this statement.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Charles O'Connor, Plant Controller Address: 3605 W. Cleveland Rd. City, State, Zip Code South Bend,IN 46629 Telephone: (574) 272-5900 E-mail Address: Charles,O'Connorta'D.fede _..,.-., l.cQ.,,,_..._ ralmoaul.com WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84,7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): Federal-Mogul Corporation,dba Federal-Mogu€Pnwertrain,lac. Y C By: (Signed Name) ,rn Charles O'Connor,Plant Controller,Federef-Mogul Powertrain,Inc. (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) (Rev. 5/1 3/11} 5 n� $ STATEMENT OF BENEFITS l`ORM SBA I PP is PERSONAL PROPERTY ** State Form 51764(R 11-06) Prescribed by the Department of Local Government Finance PRIVACY NOTICE The cost and any speoifsc individual's salary information is confidential; balance of the filing is public record INSTRUCTIONS. per IC 6-1,1-12.1-5-1(c)and MI. 1, This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information technology equipment for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1967, and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. 2. Approval of the designating body(City Council, Town Board, County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and deveoopment equipment and/or logistical distribution equipment and/or information technology equipment BEFORE a deduction may be approved 3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form 103-ERA) with the township assessor of the township where the property is situated. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under IC 6-1.1-12.1-4.5(d)and(,,)apply to equipment installed after March 1,2001. For equipment installed prior to March 2, 200f, the schedules and statutes in effect at the time shaft•seradi ar re-f"pply .(!C_fz 1.1 12..1,4:5ff�.g9V(g)) Name of taxpayer i 1Federal-Mogul Powertrain, Inc. Address of taxpayer(number and street,city,state,and ZiP code) '.d 47 3605 W. Cleveland Rd., South Bend, IN 46628 " i 4 Name of contact person Telephone number Charles O'Connor, Plant Controller fart., (574)271-5910 Name of designating body Resolution number(s) City of South Bend Common Council Location of property County DLGF taxing district number 3605 W. Cleveland Rd., South Bend, IN 46628 St. Joseph 71008-German Twp. Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE 1) Manufacturing Equipment-Gen V 5.31- Piston Line Manufacturing Equipment 2012 2014 2) Manufacturing Equipment- Gen V 4.31-16.2L Piston Line 3) Manufacturing Equipment- LKW 2.51- Piston Line R 8 D Equipment 2012 2013 4) R&D Equipment- Prototype Lab Logist Dist Equipment 5)Aluminum Bulk Melt Furnace- Ford Nano IT Equipment a s r r ® e •r•r � .•® Current number Salaries Number retained Salaries Number additional Salaries 4Q9 20,053,000 1409 20,053,000 120 932,000 . e •.-r o • •e NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the MANUFACTURING R&D EQUIPMENT LOGIST DIST EQUIPMENT EQUIPMENT IT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 84,270,4D5 24,014,0134 Casi&.UdYalu IndudedinM&E Plus estimated values of proposed project 18,340,000 5,502,000 3,462,000 1,036,600 Less values of any property being replaced o D 0 .0 Net estimated values upon completion of project 1D2,S10,4D5 29,51b,04 3,462,000 1,036,600 e e a re •w re Estimated solid waste converted(pounds) Estimated hazardous waste converted{pounds}N/A _ Other benefits: 71esI hereby certify that th e representations in this statement are true. orized representative cl' Title Date signed(month,day,year)Connor, Federal-Mogul awertrain, Inc. Piant Controller ,1� We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the appficant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as authorized under fC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed calendar years°(see below). The date this designation expires is B.The type of deduction that is allowed in the designated area is limited to: 1. Installation of new manufacturing equipment; Oyes ❑N o 2. Installation of new research and development equipment; []Yes E]N o 3. Installation of new logistical distribution equipment. Dyes ❑N o 4, Installation of new information technology equipment; 0 Ye s []No C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of t). The amount of deduction appllcable to new research and development equipment is limited to $ -----.----------- cost with an assessed value of $ _-- ------------ E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value of $ F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of G, Other limitations or conditions(specify) R The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for: ❑1 year ❑6 years "'For ERA's established prior to July 1,2000,only a ❑2 years ❑7 years 5 or 10 year schedule may be deducted. ED years 08 years C3 years 0 years ❑5 years" ❑10 years" Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved:(signature and title of au(horfzed member) Telephone number Date signed{month,day,year) AStested by: Designated body "If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1,1-12.1-4.5 FEDERAL-MOGUL POWERTRA1N, INC LEGAL I7ESCRTPTICN OF REAL Pii.PFMTY EXHIBIT A A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.X. St. Joseph County, Indiana, and more particulaxly described as fo l.lows m Beginning at a point on the East-West Half section line of said East Half Iforth- 88 degrees 53 minutes 36 seconds East 915.58' feet farom the center, of said *Section. 21; thence North 0 degrees 56' =1-nutes 57 seconds West 338. 80 feet; thence North 88 degrees 53 minutes 36 seconds Last, parallel with the East-West halt section line of said Section, 800. 00 'feet; thence South, 0 degrees 56 minutes 57 seconds East 1726.13 feet; thence northwesterly 550.14 feet along' an --arc to the right having a radius of 4463. 66 feet and subtended �by a long chord having a bearin4 of North 54 minutes 36 mnzates 59 seconds West and a distance of 543. 80 feet; thence North 51 degrees 05 minutes 08 seconds West 465.22 feet; thence North 0 degrees 56 minutes 57 seconds West 761.20 feet to the East-West half section .line of said East half the point of beginning, -.and_ containing 26.203 -acres; more or .less . i. r kr SCI in �::'f -•��i:l;".'i.:': n pq 1 E \� I ,• g 4 1 j l E i i gf 616 IT it i 3 Ir f i 7 R-. ---° --- ---- I I to j Ei �� d } aa�eon •m rs•a wr<a. oPae ePOPP aaa aen o. _...__. _,.. -- - i ._...._.. _-. •_ ...... •� (j o f a_---- ----- aee . Ilk It, —V jig f t n i W ✓� y 1 1 z at t 6 1! Ply' Y AS7 MON TOE PEVERAL - M06t11r GC�RP4 ,T10N 1! t3 ��Z !� �• par�liSRA tk 6'"7=45 SOUTH 9=w,INVIARA Graff Inc_ AE PISTON PRODUCTS, INC. TANGIBLE PERSONAL PROPERTY TAX ABATEMENT APPLICATION PLAT EXHIBIT B aR.68s i 1 0� -.0 , s. �I f t i 04 i 13 �'9 I�nai,+ir°c - �/• 7...rr ti ; ' i r►o i 13- i L7 02cw32 „1 "� vg'a.� i 1 ? d - � 0212.07 �1 �a A24f a- °al _ 7A- �0211.C4 021E.12 0,211,19 ti ?9i _ M w R /aep 1 .ease 7asdi /a c+. ELL,7° ! .Hasp o i 0-0223 '" r ' 1 i 04-10!2 ++�'• 4 � a B(ly 7 N PI,Diva _ 4-0222 „a c4.29 9 sre ��A�lJ �pQ,gp ENQ ns.ss 6211.19 F -0221 0216 7 -1 ni-trZ 3.7x2 � 7j+f'. 1 INO/ANA EAST-H'E,S'T - o :z-az3o /tEm 9� 7,071 7 -azts °49 °gyp a ED Lp i O4 f013� 1 ossl � 1 ` y� 20-4x20" l` n36z al J a f 29 83 t~j' j 11.04 1 � � 076• - w i iC90 � Isla nlonr Ise? CLEYELs�NO _a 51cwcu C04PJLHY eq 1-f-L Aeor®rrnp Federal-Moguf Corporation New 40flidd. Powertrain Energy 3605 West Clevefand Road � South Bend, IN 46628-9779 Tj uu I IT I Ll W*jm F4' x _ N l) b V v C4 y: d 1 � ! . f a. \ . �« w � � } �2 { �« � \ �6 : ��: i �\ - r �AT : , �y . \ \�� . r , � \�� � )�. � }/V ( \ �� � . .�. \ ��\ . < � � � � � �, y � >\ /\< ����«/ : . ���� % « � / : ��/ \ �/� . \� �� � �° � , .�� ». � 2\�«� ,��.u�... ` z : �_ � � ; . RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE 2012 FIRE DEPARTMENT AND POLICE DEPARTMENT NEGOTIATIONS Wlwewaa, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the mandatory duty and exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments...'; and WXe m, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix such items as the amount of clothing allowance and that annual cash allowance for clothing, which are considered compensation; and 97few.aa, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and 1�xeaa., the Common Council received written communication from Chris Baker, Vice- President of the South Bend Firefighter's Association Local 362 on April 24, 2012 requesting the opening of negotiations; and a similar communication was received on April 5, 2012 from Steven Noonan, President of the Fraternal Order of Police, South Bend Lodge No. 36; and this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and financial matters subject to the upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and %kweva., the Common Council is mindful of the many past positive successes where a Chief Negotiator acts as the Council's Agent in representing theirs interests, who would in turn appoint an advisory City Negotiating Team and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.1(b)(2)(A); and O/1!/k,xe,ov, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and Oft ,a4, the South Bend Common Council believes that this Resolution and process will promote positive and harmonious labor negotiations as the upcoming negotiations with representatives of the South Bend Firefighter's Association Local 362 and representatives of the Fraternal Order of Police, South Bend Lodge No. 36 will soon be beginning. 2012 Fire and Police Negotiations Resolution Page 2 cA AA eV�4q0 , 1 W y4eia4lea! by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which would have a fiscal and/or budgetary impact. Section 11. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, resource persons and other matters in consultation with the South Bend Common Council, any Agent formally appointed by the Board of Public Safety and City Administration so that she and the Advisory City Negotiating Team may have positive, harmonious and successful labor negotiations which are reasonable, fair and fiscally sound. Section 111. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Ist District Oliver J. Davis, 6t District Henry Davis, Jr., 2 nd District Derek D. Dieter, At Large Valerie Schey, 3' District Gavin Ferlic, At Large Dr. Fred Ferlic, 4t District Karen L. White, At Large Dr. David Varner, 5" District C �QCI a�u r�aaea�a"'s 2012. John Voorde, City Clerk 9 din U�'"Tk`5 OW" 'Pete Buttigieg Mayor City of South Bend; Indiana MAY zu 1z C ITY CL t r,�2ax,I tai spt3 TO City of South Bend oil le Common Councii x 1865 441 County-City Building . 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President May 7, 2012 Oliver J. Davis Vice-President Members of the South Bend Common Council Ott" Floor County-City Building Karen L. White Chairperson, Committee South Bend, IN 46601 of the Whole Re: Resolution to Appoint C'ouncil's Agent& Chief Negotiator for the Tint Scott 2012 Negotiations with Representatives of the Unions Representing the First District Sworn Members of the Fire and Police Departments Henry Davis, Jr. Dear Council Members: Second District As you are all aware based on prior discussions, this is a negotiating year with the Valerie Sc negotiating teams representing the sworn members of the South Bend Fire Department Third District and the South Bend Police Department. A memo was sent to each of you on May 2"d Fred Ferlic which briefly outlined the process, and the need to have positive and productive labor Fourth District negotiations. David Varner We are attaching a resolution to appoint the Council's Agent and Chief Negotiator for Fifth District these negotiations, who has a proven track record of successfully working with the Oliver J. Davis City's Advisory Teams and union representatives. Sixth, District We seek your unanimous support of this resolution at Monday night's Common Council Derek D. Dieter meeting. We also request, that upon its adoption that a copy to emailed to FOP At Large President Steven Noonan and IAFF Local # 362 Vice President Chris Baker in light of their earlier correspondence. Thank you. Gavin Ferlic At Large Most sincerely, Karen L. White At Large Council Member Karen L. White, Chairperson Personnel and Finance Committee Filed Fri .:;�k Derek D. Dieter Council President, 1 H lG Attachment CITY ire`fit R '!qi< ,Z } cc: Mayor Pete Buttigieg, Fire Chief Steve Cox ~V µ-.. • Police Chief Ad Interim Charles Hurley and Board of Public Safety RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE MINORITY/WOMEN BUSINESS ENTERPRISE UTILIZATION BOARD'S RECOMMENDATION FOR ENGAGEMENT OF DIVERSITY COMPLIANCE OFFICER WHEREAS, The South Bend Common Council passed Ordinance 1008 1-11 on April 12, 2011 which addressed Minority and Women Business Enterprise Diversity Development Programs to promote greater diversity and inclusion of minority and women owned businesses in City contracts and procurement; and WHEREAS, Ordinance No. 10081-11 created 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 this Chapter ...." (South Bend Municipal Code See 14.5-2(i)) and to provide quarterly updates and an annual report to the Mayor and Common Council; and WHEREAS, the Utilization Board has met regularly over the past many months with the priority goal of identifying the most qualified person or entity to serve as Diversity Compliance Officer, a process consisting of several steps including the preparation of a Request for Proposal containing a detailed job description attached hereto as Exhibit "A", the preparation of a scoring matrix to objectively evaluate prospective candidates, the publishing and solicitation of candidates and an extensive interview of the top candidates based upon scoring matrix results; and WHEREAS, the Utilization Board has identified and recommends the appointment and engagement of Trinal, Inc., as the Diversity Compliance Officer for the City of South Bend; and WHEREAS, the Common Council appropriated the sum of Sixty-Seven Thousand Five Hundred Dollars ($67,500) in the City of South Bend's 2012 budget for services to be performed by the Diversity Compliance Officer. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. By recommendation of the Utilization Board, the corporation Trinal, Inc., is hereby appointed as the City of South Bend's Diversity Compliance Officer to perform all duties and obligations set forth in. Ordinance No. 10081-11 as described more particularly under "Essential Duties" in the Board of Works "Request for Proposals for Diversity Compliance Officer Contractual Services" (Exhibit "A" hereto), conditioned upon execution of a contractual Services Agreement to be approved by the Board of Public Works and signed by Trinal, Inc. SECTION II. The Board of Public Works is authorized to sign the Contractual Services Agreement identified in Section I with Trinal, Inc. on behalf of the City of South Bend, subject to approval of such Agreement by the Common Council, SECTION III. Compensation of Trinal, Inc., for calendar year 2012 shall not exceed to sure of Sixty-Seven Thousand Five Hundred Dollars ($67,500). Member, South Bend Common Council co1S37Sne1 ik>> -! 'reed r8s a.1 an�a 14} d NAY NOY 4.^ �pQTHBF O� ���1'•il��'I�J!�'d i t South ; PKAC�_ Y' - ®n Council 1865 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend, Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President May 9, 2012 Karen 1,_ White The South Bend Common Council Chairperson, Committee 4t� Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott First District Dear Council Members: Henry Davis, Jr. The attached proposed resolution would take the next step in carrying out the Second District provisions of Ordinance No. 10081, which was passed by the Common Council on April 12, 2011. That ordinance has been codified into the South Bend Valerie Schey Municipal Code as Article 1 of Chapter 14.5 addressing "Minority and Women Third District Business Enterprise Diversity Development Programs". Fred Ferlic The 9-member Minority/Women Business Enterprise Utilization Board Fourth District (MWUB) were respectively appointed by the Council and the Mayor as of David Varner October 19, 2011. The MWUB held their first meeting on November 10, 2011. Fifth District Since the Board Members were appointed, the Board has held; Oliver J. Davis Sixtb District e Twelve (12)meetings to date with each lasting approximately 2-3 hours; Derek D. Dieter At Large 0 A round-table discussion at the Natatorium on March 21, 2012 which provided an opportunity for input from the community and businesses; and Gavin Ferlic At Large s Participated in the "Minority and Women's Business Enterprises Division of Northern Indiana Resource Fair" held at Saint Mary's College on March Karen L. White 15, 2012, which was sponsored by the State of Indiana's Department of At Large Administration. with some information on the round-table and the Resource Fair being attached and much more information available in the Office of the City Clerk where all meeting minutes of the MWUB are housed. An update was provided to the Community and Economic Development Committee and input from the Council was requested prior to the Request for Proposals (RFP) being advertised by the Board of Public Works. The RFP was legally advertised on March 23, 2012 and March 30, 2012; with a "pre-bid Cover Letter for the Diversity Compliance Officer Resolution May 9,2012 Page 2 conference"being held on April Yd which was attended by three (3) parties. A total of four (4) responses to the RFP were received and opened on April 10, 2012 by the Board. Each response was reviewed, scored and ranked by the MWUB based on all of the information provided by each party. The top two (2) candidates were interviewed. Based on these detailed procedures which were uniformly applied, the MWUB recommends to the Common Council that a one-year contract be entered into with Trinal, Inc. to carry out the responsibilities of the Diversity Compliance Officer for the City of South Bend. The attached Resolution would approve the MWUB's recommendation to be appointed for the purposes of carrying out the duties and obligations set forth in the ordinance and the "Essential Duties" in the Board of Public Works "Request for Proposals for Diversity Compliance Officer Contractual Services" which are attached to the Resolution. A Contractual Services Agreement approved by Trinal, Inc. and the Board of Public Works would be the next step after the adoption of the attached resolution. The Council will have the opportunity to then adopt a 2nd Resolution ratifying the Agreement approved by both parties. That process is similar to the process which the City has used in the past where a collective bargaining agreement with a local union has been ratified by the adoption of a Resolution [Resolution No. 3379-04 attached for informational purposes] This process has been very detailed and the MWUB Members have spent many, many hours volunteering their time and talents to reach this point. I have had the opportunity to attend most of the MWUB, and have personally witnessed their dedication and fairness. Council Member Henry Davis, Jr., Chairperson of the Community and Economic Development Committee has been contacted and has agreed to have the attached Resolution held in a joint committee of the CED Committee and the Personnel and Finance Committee. To reach this stage, there has been vital input and yeoman work by the volunteers on the MWUB; Janice Hall, Director of Human Resources; Gary Gilot, citizen volunteer; City Controller Mark Neal; Phil Custard, Purchasing Manager, as well as past and several current Council Members. I recommend that you approve the Resolution, so that we can move forward in carrying out the next step to see that the City of South Bend implements the Minority and Women Enterprise Diversity Development Programs. Thank you. Mos�incerely, Karen L, White, Chairperson of Personnel and Finance Committee Council Member at Large Attachments MAY Y rq + Cover Letter for the Diversity Compliance Officer Resolution May 9,2012 Page 2 conference"being held on April 3rd which was attended by three (3) parties. A total of four(4) responses to the RFP were received and opened on April 10, 2012 by the Board. Each response was reviewed, scored and ranked by the MWUB based on all of the information provided by each party. The top two (2) candidates were interviewed. Based on these detailed procedures which were uniformly applied, the MWUB recommends to the Common Council that a one-year contract be entered into with Trinal, Inc. to carry out the responsibilities of the Diversity Compliance Officer for the City of South Bend. The attached Resolution would approve the MWUB's recommendation to be appointed for the purposes of carrying out the duties and obligations set forth in the ordinance and the "Essential Duties" in the Board of Public Works "Request for Proposals for Diversity Compliance Officer Contractual Services" which are attached to the Resolution. A Contractual Services Agreement approved by Trinal, Inc. and the Board of Public Works would be the next step after the adoption of the attached resolution. The Council will have the opportunity to then adopt a 2nd Resolution ratifying the Agreement approved by both parties. That process is similar to the process which the City has used in the past where a collective bargaining agreement with a local union has been ratified by the adoption of a Resolution [Resolution No. 3379-04 attached for informational purposes] This process has been very detailed and the MWUB Members have spent many, many hours volunteering their time and talents to reach this point. I have had the opportunity to attend most of the MWUB, and have personally witnessed their dedication and fairness. Council Member Henry Davis, Jr., Chairperson of the Community and Economic Development Committee has been contacted and has agreed to have the attached Resolution held in a joint committee of the CED Committee and the Personnel and Finance Committee. To reach this stage, there has been vital input and yeoman work by the volunteers on the MWUB; Janice Hall, Director of Human Resources; Gary Gilot, citizen volunteer; City Controller Mark Neal; Phil Custard, Purchasing Manager, as well as past and several current Council Members. I recommend that you approve the Resolution, so that we can move forward in carrying out the next step to see that the City of South Bend implements the Minority and Women Enterprise Diversity Development Programs. Thank you. Mos 'ncerely, Q aren L, White, Chairpers of Personnel and Finance Committee Council Member at Large Attachments Exhibit "A" Request for Proposals for Diversity Compliance Officer Contractual Services CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS REQUEST FOR PROPOSALS FOR DIVERSITY COMPLIANCE OFFICER CONTRACTUAL SERVICES Sealed Proposals shall be received no later than 9:30 a.m.,EST,on April 10,2012,in the office of the Board of Public Works, 13th Floor, County City Building, Room 1316, South Bend, Indiana, for Diversity Compliance Officer contractual services for the Diversity Utilization Board (DUB) and the Common Council of the City of South Bend. Diversity Compliance Officer Contractual Services SUMMARY The Diversity Compliance Officer contractual service shall actively promote, direct, .monitor, and enforce the provisions and regulations set out in the Minority and Women's Business Enterprise Diversity Development Programs as described in Chapter 14.5 of the South Bend Municipal Code (Ordinance #10081-I1) relating to the City's procurement and contracting process; serves in an advisory role to the City of South Bend/Common Council/and DUB with regard to promoting diversity and inclusion in participation of minority and women owned business enterprises in City contracts. The person/firm selected must have thorough knowledge of the diversity field related to procurement, and demonstrated success including directly relevant experience and qualifications. ESSENTIAL DUTIES: The DUB puts a particular emphasis, above and beyond the compliance reporting roles required by ordinance, in a service provider with a track record of success on outreach and capacity building facilitation. Helping MBE/WBE/DBE firms to be more aware of City procurement opportunities. Helping local MBE/WBE/DBE firms get state certified is important. Outreach on how to bid, quote or submit proposals for city contracts is key to increasing utilization. Outreach to majority firms to mentor or form strategic bidding alliances with local MBE/WBE/DBE will enable win-win progress on goals for increasing diversity utilization over time. • Functions as a liaison between the city administration and its contracting businesses in providing educational and technical assistance to those who need the service. • Reviews all city contract procedures and practices involving federal funds to ensure bidding practices and the awarding of city contracts are aligned with the principle of utilization of minority and women business enterprises, and are in compliance with all applicable federal and state laws. • Assists DUB by gathering and providing data and information to formulate participation goals for achievement of equal opportunity. • Directs reviews and monitors the participation goals as set by the MBE/WBE DUB to insure equal opportunity objectives are achieved. • Directs the investigation of complaints alleging violations of equal employment objectives and reports findings to DUB,city attorney and city controller, and the South Bend Common Council for final remedy. • Establishes and maintains a minority business outreach program in order to provide women and minorities with equal opportunities in the public procurement of City business contracts. • Interprets Federal, State and Local equal employment laws, rules and regulations as they relate to government contracts and procurement and makes recommendations when necessary to change departmental programs. ® Directs the planning and conducting of seminars and training programs to inform and educate women and minority businesses in public contracting practices and procedures. • Represents the DUB when requested to do so at outreach or other meetings with minority groups, unions,and related public and private organizations concerned with advancing MBE and/or WBE utilization goals within city government. • Responsible for filing with the Office of the City Clerk by the third(3rd)Wednesday of each January a MBE/WBE Participation Report that is to include items listed under Article 2,Sec. 14.5-11 of City of South Bend Ordinance No. 10051-11. • All federal reporting requirements are to be monitored with regular updates presented to the MBEIWBE Utilization Board, the city attorney and city controller. • Sets up computer based compliance tracking reporting system. • Completes and submits 2012 Diversity Compliance Reports and documents/trains city staff to take over use of same compliance systems in 2013 and beyond. • Meet annually with Common Council's Personnel and Finance Committee to discuss Diversity Compliance Report, and meet at other times as requested. KNOWLEDGE, SKILLS, AND ABILITIES: • Requires considerable knowledge of the State's certified MBE/WBE Business Enterprise Program. • Working knowledge of governmental contract compliance. • Experience in developing and enforcing utilization plans. • Proficient at interpreting Federal Labor Standards, Department of Labor, Indiana Codes and other related rules or regulations. • Knowledge of business and management principles involved in strategic planning, resource allocation, leadership technique, and coordination of people and resources. • Communicating with people outside the organization, representing the organization to customers, the public, government, and other external sources. This information can be exchanged in person, in writing, or by telephone or e-mail. • Handling complaints, settling disputes, and resolving grievances and conflicts, or otherwise negotiating with others. QUALIFICATIONS: Individual or firm is expected to have Bachelor's Degree supplemented by three years of progressively responsible experience in contract diversity compliance monitoring. Paralegal background or experience is helpful and preferred. COMPENSATION: Hourly rate paid monthly,not-to-exceed budget constraints of$67,500 in 2012. Cost justification of hours and scope of task required. Monthly invoice to City must include narrative update on percent complete of scope, percent billed, and corrective action if imbalance. HOW PROPOSALS WILL BE EVALUATED AND SCORED FOR SELECTION: The person/firm making proposal to provide these services shall submit the following information, and be scored on a 100 percent matrix system as follows: Board of Public Works agency for Common Council and Diversity Utilization Board, Diversity Compliance Officer Contractual Service Provider Selection Matrix 1. Qualifications and Experience of Firm (15%) a. Clear assignment of responsibility for various project tasks to specific individuals b. Ability to manage work, projects and reporting. c. Responsiveness to the specific goals of the DUB/Council. e. Quality of skills of the diversity compliance services provider's representatives. f Ability and willingness to communicate/coordinate with staff, DUB and Mayor/Council. g. Quality of training for firms employees and backups to ensure timely coverage of required scope. 2. Qualifications and Experience of Person (15%) a. Understanding of the ordinance requirements and statutes/federal law limitations on municipal procurement. b. Qualifications of the professionals doing system development and initial year reports. c. The number of past assignments of a similar nature. d. Quality of a sample of their work—diversity program compliance reports for other communities or organizations. e. Reliability of performance --evidence of consistent high performance, follow-through, and timeliness. 3. Completeness and Responsiveness of Scope of Service Proposal (30%) a. A scope that reflects the ordinance requirements in full and has a substantial thought program plan for outreach to move the current state of MBE/WBE/DBE utilization to a desired state of participation in goal setting with the DUB and data supporting a realistic action plan developed be the diversity services firm. Successful prior experience at conducting outreach, training, and small and large group communications is a must. Looking for passion and successful track record on similar scopes completed in the last 5 years. Give specifics with data that supports prior directly relevant experience and how you defined success. b. Demonstrated ability to reliably provide diversity compliance tracking system service with trained personnel and to demonstrate report completion using their system. c. Financial soundness and stability of the provider and completeness of most recent annual financial report. 4. References of Organization Representative for Completion of Similar Scope of Work (10%) 5. Cost'proposal elements (30%): a. Cost to set up diversity compliance report systems meeting diversity ordinance requirements and cost to complete reports and do outreach for 2012, (20%); b. Cost estimate to train City staff if City chooses to maintain the diversity compliance system in-house in 2013 and only seek assistance in preparation of reports in 2013, (5%); c. Cost estimate if City chooses use of retainer for 2014 and beyond milestone program review, training refreshment, coaching as needed, (5%). The Board of Public Works will open the proposals at 9:30 a.m., EST, on April I0, 2012, in the Board of Public Works Meeting, Ste, 1308, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. Using the selection matrix attached, the BPW, DUB, Director of Human Resources, and Common Council representatives will review and select the top prospects based on written proposal scoring with weights as noted. The BPW reserves the right as the contracting agent for the DUB and Council for potential interviews of the top 2 or 3 proposals. The BPW further reserves the right, in its sole discretion, based on the will of DUB and Council, and with regard to results of the matrix selection point system, that in the case of a clear front-runner, the BPW may select a winner from written proposals without conducting interviews. This professional service RFP is geared toward selecting the best service for the cost proposal value with emphasis on qualifications and experience, merits of approach and strategies successfully demonstrated that would advance policy goals with desired measurable outcomes (rather than a public work public bid requiring an award to the lowest responsive and responsible bidder with emphasis on lowest price for a tightly specified product or project). All individuals or firms submitting proposals will have the opportunity to review the scoring tabulation of the selection scoring matrix of the proposals received which will be posted to the City web page on the award date of the RFP in April,2012. A non mandatory pre-proposal session will be held by BPW with DUB to answer questions and clarify any issues individuals or firms may have in preparing proposals The contract will be awarded with Notice to Proceed of May 1, 2012. Work deliverables must be completed and submitted to the Council and DUB as required by ordinance. There may be occasional Council requests of additional reports. The successful proposal respondent shall comply with the City of South Bend ordinance and all other federal, state and local laws and regulations governing nondiscrimination in employment. The City welcomes from individuals or firms who have a conforming base proposal any suggested voluntary alternate proposals from businesses, institutions or not for profits who would like to suggest ideas for providing such services with better outcomes,quicker results,more lasting systemic change or more privately leveraged solutions. The City reserves the right to accept, negotiate scope or reject any or all proposals. There will be a Pre-Proposal availability session to answer questions/clarify scope issues on April 3, 2012 at 5:30 p.m., EST, in the BPW conference room, Ste. 1308, County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601. Complete Proposal Request packages are available for download by visiting the City of South Bend's web page at www. southbendin.gov • Click on "Business" Click on "City Public Bids" • Click on "Vehicles, Equipment and Miscellaneous Bids" Click on "Specification Sets & Bid Award Info" Select specification to download • A pop up screen will appear, input company information (address/phone/fax/e- mail) where indicated • Click on "Submit Responses" • Print the specification or save it to your computer There is no charge for the specifications. The specifications are also available for review only during regular working hours in the Department of Public Works, 1 308 County-City Building, South Bend, City of South Bend Diversity Utilization Bard ANTS YOU E 3 9 Who: Minority& Women owned businesses Located in Michiana What: Roundtable discussion for feedback- What can DUB do to increase the awareness of opportunities for doing business with City of South Bend 3NNN _ Date: March 21, 2012 t'Sk q Time:4:00 pm Place: IUSB Natatorium 1040 W. Washington South Bend "for driving directions visit wwwAhenatatorium.orn f; MINORITY AND WOMEN'S BUSINESS ENTERPRISES DIVISION M 1 2 10*.`W` R�THL� RN INDImANA* � ID 1AV petll f,� z 0 9 A ��f&Dla�,li 3t� THURSDAY, MARCH 15,2012 8:00AM-2:30PM � SAINT MARY'S COLLEGE STUDENT CENTER,NOTRE DAME,IN n citizens -r,r� �connscnR energy group