HomeMy WebLinkAboutProfessional Services Agreement - Baker Tilly Municipal Advisors LLC - IDEM Annual Landfill Financial Assurance Test and Report Assistance1316 COUNTY —CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LIC WORKS
May 14, 2019
Scott Miller
Baker Tilly Municipal Advisors, LLC
8365 Keystone Crossing, Suite 300
Indianapolis, IN 46240
RE: Professional Services Agreement
Dear Mr. Miller:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on May 14, 2019, approved the above
referenced agreement regarding Indiana Department of Environmental Management annual
landfill financial assurance test and report assistance in the amount of $5,250.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
6A """+ I
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
April 30, 2019
bakertitty
MUNICIPAL ADVISORS
nowjoined with
Springsted and Umbaugh
Baker Tilly Municipal Advisors, LLC
Mr. Daniel T. Parker 6365 Keystone Crossing, Ste 300
Controller Indianapolis, IN 46240
City of South Bend United States of America
227 West Jefferson Boulevard T: +1 (317) 465 1500
South Bend, IN 46601 F: +1 (317) 465 1550
bakertilly.com
Re: South Bend (Indiana) Municipal Landfill — Proposed Financial Advisory and Accounting Services
Financial Assurance Test
Dear Mr. Parker:
Thank you for requesting that Baker Tilly Municipal Advisors, LLC (the "Firm") provide to the City of
South Bend, Indiana (the "Client") those services more fully set forth in Exhibit A hereto (the "Services").
Fees and Costs
Fees charged for work performed are generally based on hourly rates, as set forth in Exhibit B, for the time
expended, a fixed amount or other arrangement as mutually agreed upon as more appropriate for a particular
matter. Hourly rates for work performed by our professionals vary by individual and reflect the complexity
of the engagement.
Disclosure of Conflicts of Interest with 'carious Forms of Compensation
The Municipal Securities Rulemaking Board (MSRB) requires us, as your municipal advisor, to provide
written disclosure to you about the actual or potential conflicts of interest presented by various forms of
compensation. Exhibit C sets forth the potential conflicts of interest associated with various forms of
compensation. By signing this letter of engagement, the signee acknowledges that he/she has received
Exhibit C and that he/she has been given the opportunity to raise questions and discuss the matters contained
within the exhibit with the municipal advisor.
B,illin l�loctcl�,Il��,
Normally, you will receive a monthly statement showing fees and costs incurred in the prior month.
Occasionally, we may bill on a less frequent basis if the time involved in the prior month was minimal or
if arrangements are made for the payment of fees from bond proceeds. The account balance is due and
payable on receipt of the statement. Once our representation has been concluded or terminated, a final
billing will be sent to you. If requested to provide an estimate of our fees for a given matter, we will
endeavor in good faith to provide our best estimate, but unless there is a mutual agreement to a fixed fee,
the actual fees incurred on any project may be less than or exceed the estimate. Any questions or errors in
any fee statement should be brought to our attention in writing within sixty (60) days of the billing date.
Termination
Both the Client and the Firm have the right to terminate the engagement at any time after reasonable advance
written notice. On termination, all fees and charges incurred prior to termination shall be paid promptly.
Unless otherwise agreed to by the Client and the Firm, the scope of services provided in Exhibit A will
terminate 60 days after completion of the services in each Article.
Mr. Daniel T. Parker
Controller
City of South Bend
Re: South Bend (Indiana) Municipal Landfill — Proposed Financial Advisory and Accounting Services
Financial Assurance Test
April 30, 2019
Page 2
Accountants" Opinion
In performing our engagement, we will be relying on the accuracy and reliability of information provided
by Client personnel. The services provided may include financial advisory services, consulting services,
and accounting report services such as compilation, preparation, and agreed upon procedures reports.
Please see Exhibit A and Exhibit D. We will not audit, review, or examine the information. Please also
note that our engagement cannot be relied on to disclose errors, fraud, or other illegal acts that may exist.
However, we will inform you of any material errors and any evidence or information that comes to our
attention during the performance of our procedures that fraud may have occurred. In addition, we will
report to you any evidence or information that comes to our attention during the performance of our
procedures regarding illegal acts that may have occurred, unless they are clearly inconsequential. We have
no responsibility to identify and communicate significant deficiencies or material weaknesses in your
internal control as part of this engagement.
The procedures we perform in our engagement will be heavily influenced by the representations that we
receive from Client personnel. Accordingly, false representations could cause material errors to go
undetected. The Client, therefore, agrees to indemnify and hold us harmless for any liability and all
reasonable costs (including legal fees) that we may incur in connection with claims based upon our failure
to detect material errors resulting from false representations made to us by any Client personnel and our
failure to provide an acceptable level of service due to those false representations.
The responsibility for auditing the records of the Client rests with the Indiana State Board of Accounts and
the work performed by the Firm shall not include an audit or review of the records or the expression of an
opinion on financial data.
Client 'Res�nsibilities
It is understood that the Firm will serve in an advisory capacity with the Client. The Client is responsible
for management decisions and functions, and for designating an individual with suitable skill, knowledge
or experience to oversee the services we provide. The Client is responsible for evaluating adequacy and
results of the services performed and accepting responsibility for such services. The Client is responsible
for establishing and maintaining internal controls, including monitoring ongoing activities.
Additional Services
Exhibit A sets forth the scope of the Services to be provided by the Firm. From time to time, additional
services may be requested by the Client beyond the scope of Exhibit A. The Firm may provide these
additional services and be paid at the Firm's customary fees and costs for such services. In the alternative,
the Firm and the Client may complete a revised and supplemented Exhibit A to set forth the additional
services (including revised fees and costs, as needed) to be provided. In either event, the terms and
conditions of this letter shall remain in effect.
E-Verif Pro grant
The Firm participates in the E-Verify program. For the purpose of this paragraph, the E-Verify program
means the electronic verification of the work authorization program of the Illegal Immigration Reform and
Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s.401(a), as amended,
operated by the United States Department of Homeland Security or a successor work authorization program
designated by the United States Department of Homeland Security or other federal agency authorized to
verify the work authorization status of newly hired employees under the Immigration Reform and Control
Act of 1986 (P.L. 99-603). The Firm does not employ any "unauthorized aliens" as that term is defined in
8 U.S.C. 1324a(h)(3).
Mr. Daniel T. Parker
Controller
City of South Bend
Re: South Bend (Indiana) Municipal Landfill — Proposed Financial Advisory and Accounting Services
Financial Assurance Test
April 30, 2019
Page 4
If the foregoing accurately represents the basis upon which we may provide Services to the Client, we ask
that you execute this letter, in the space provided below setting forth your agreement. Execution of this
letter can be performed in counterparts each of which will be deemed an original and all of which together
will constitute the same document.
On March 1, 2019, H.J. Umbaugh & Associates, Certified Public Accountants, LLP ("Umbaugh") effected
a business combination with Baker Tilly Virchow Krause, LLP, (Chicago, Illinois), a financial services and
accounting firm ("Umbaugh/Baker Tilly Combination"). Baker Tilly Virchow Krause, LLP also effected
a business combination with Springsted Incorporated, (Saint Paul, Minnesota), a municipal and
management advisory firm, that became effective the April 1, 2019. The municipal advisory business unit
of Baker Tilly Virchow Krouse together with Umbaugh and Springsted have formed and are operating as a
wholly -owned subsidiary doing business as Baker Tilly Municipal Advisors, LLC.
If you have any questions, please let us know. We appreciate this opportunity to be of service to you and
the City.
Very truly yours,
BAKER TILLY MUNICIPAL ADVISORS, LLC
By:
Scott A. Miller, Partner
The undersigned hereby acknowledges and agrees to the foregoing letter of engagement.
City of South Bend, Indiana
"PROVED
too Par ,.
Date: By: ._............_. �_.........
Printed:' ..
Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly -owned subsidiary of Baker Tilly Virchow Krause,
LLP, an accounting firm. Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly
International Ltd., the members of which are separate and independent legal entities. 0 2019 Baker Tilly Municipal Advisors, LLC
Mr. Daniel T. Parker
Controller
City of South Bend
Re: South Bend (Indiana) Municipal Landfill —Proposed Financial Advisory and Accounting Services
Financial Assurance Test
April 30, 2019
Page 3
Investments
The Firm certifies that pursuant to Indiana Code 5-22-16.5 et seq. the Firm is not now engaged in investment
activities in Iran. The Firm understands that providing a false certification could result in the fines,
penalties, and civil action listed in I.C. 5-22-16.5-14.
Munici l Advisor Registration
The Firm is a Municipal Advisor registered with the Securities and Exchange Commission and the
Municipal Securities Rulemaking Board. As such, the Firm is providing certain specific municipal advisory
services to the Client. The Firm is neither a placement agent to the Client nor a broker/dealer.
The offer and sale of any Bonds shall be made by the Client, in the sole discretion of the Client, and under
its control and supervision. The Client agrees that the Firm does not undertake to sell or attempt to sell the
Bonds, and will take no part in the sale thereof.
Mediation Provision
The Client and the Firm agree that if any dispute (other than our efforts to collect any outstanding invoice(s))
arises out of or relates to this engagement, or any prior engagement we may have performed for you, and
if the dispute cannot be settled through informal negotiation, the parties agree first to try in good faith to
settle the dispute by mediation administered by the American Arbitration Association under its Commercial
Mediation Procedures (or such other administrator or rules as the parties may mutually agree) before
resorting to litigation. The parties agree to engage in the mediation process in good faith once a written
request to mediate has been given by any party to the engagement. Any mediation initiated as a result of
this engagement shall take place in St. Joseph County, Indiana, or such other location as the parties may
mutually agree. If the parties are unable to mutually agree on the selection of a mediator, the mediator shall
be determined in accordance with the American Arbitration Association's Commercial Mediation
Procedures. The results of any such mediation shall be binding only upon a written settlement agreement
executed by each party to be bound. Each party shall bear its own costs and fees, including attorneys' fees
and expenses, in connection with the mediation. The costs of the mediation, including without limitation
the mediator's fees and expenses, shall be shared equally by the participating parties. Any ensuing litigation
shall be initiated and maintained exclusively before any state or federal court having appropriate subject
matter jurisdiction located in St. Joseph County, Indiana.
Wither Financial lndust�my.t"�ct:ivi?ties and Affiliations
Baker Tilly Investment Services, LLC (`BTIS") is an affiliate of the Firm. BTIS is registered as an
investment adviser with the Securities and Exchange Commission under the federal Investment Advisers
Act. BTIS provides non -discretionary investment advice with the purpose of helping clients create and
maintain a disciplined approach to investing their funds prudently and effectively. BTIS may provide
advisory services to the clients of the Firm.
BTIS has no other activities or arrangements that are material to its advisory business or its clients with a
related person who is a broker -dealer, an investment company, other investment adviser or financial
planner, bank, law firm or other financial entity.
Exhibit A
Services Provided
Article I. Preliminary Financial Planning (Preparation Accounting and Consulting Services
A. Gather historical financial information for the City of South Bend for the prior year,
including landfill operations.
B. Obtain copies of State Board of Accounts audits and available bond rating reports for
the City and landfill.
C. Obtain copies of ordinances and/or resolutions dealing with the landfill operations in
regard to rates and charges for revenue generation, including but not limited to tipping
charges and copies of any contracts with private haulers, as well as other miscellaneous
revenue sources.
D. Obtain budgets for the City landfill for 2018 and beyond for operation expenses and
capital improvements.
E. Discuss with the landfill operator and engineer the useful life of landfill cells currently
utilized and the timing of closure activity.
F. Obtain information from City Representatives, landfill operator, and/or consulting
engineers regarding estimated capital and operating costs for closure and post -closure
activities.
G. Gather other relevant information required to address the Financial Assurance Test
requirements as outlined in the Administrative Code.
Article II. Financial Plan and Financial Assurance Test. Development (Preparation Accounting and
Consulting Services'
A. Utilizing the historical and prospective financial and operational data gathered from
representatives of the City of South Bend, develop pro forma cash flow analysis for
the landfill that would include the anticipated closure and post -closure activities.
B. Summarize the financial information from the City of South Bend and other resources
to make the financial calculations and ratios as required by the Administrative Code to
meet the Financial Assurance Test benchmarks.
C. Develop a report for submission to the City of South Bend and its representatives for
review and comment in regard to the pro forma operational data and the Financial
Assurance Test requirements.
D. Meet with City of South Bend representatives to review report and answer any
questions.
Article III. Approval,offinancial. Assurance Test and Submission to I.IDEM A reed.-Ul on
Procedures Accounting Services
Finalize reports in regard to the operations of the landfill and the Financial Assurance Test
requirements for submission to the City of South Bend to be utilized by the City in execution
of the Financial Assurance Test and submission to Indiana Department of Environmental
Management.
Exhibit B
Fees
The Firm's fees for services set forth in Exhibit A will be Five Thousand Two Hundred Fifty Dollars
($5,250).
The above fees shall include all expenses incurred by the Firm with the exception of expenses incurred for
mileage which will be billed on a separate line item. No such expenses will be incurred without the prior
authorization of the Client. The fees do not include the charges of other entities such as rating agencies,
bond and official statement printers, couriers, newspapers, bond insurance companies, bond counsel and
local counsel, and electronic bidding services, including ParityO. Coordination of the printing and
distribution of Official Statements or any other Offering Document are to be reimbursed by the Client based
upon the time and expense for such services.
Exhibit C
Disclosure Statement of Muniginal Advisor
PART A — Disclosures of Conflicts of Interest
MSRB Rule G-42 requires that municipal advisors provide to their clients disclosures relating to any actual
or potential material conflicts of interest, including certain categories of potential conflicts of interest
identified in Rule G-42, if applicable. If no such material conflicts of interest are known to exist based on
the exercise of reasonable diligence by the municipal advisor, municipal advisors are required to provide a
written statement to that effect.
Material Conflicts of Interest — The Firm makes the disclosures set forth below with respect to material
conflicts of interest in connection with the Scope of Services under this Agreement, together with
explanations of how the Firm addresses or intends to manage or mitigate each conflict.
General Mitigations — As general mitigations of the Firm's conflicts, with respect to all of the conflicts
disclosed below, the Firm mitigates such conflicts through its adherence to its fiduciary duty to Client,
which includes a duty of loyalty to Client in performing all municipal advisory activities for Client. This
duty of loyalty obligates the Firm to deal honestly and with the utmost good faith with Client and to act in
Client's best interests without regard to the Firm's financial or other interests. The disclosures below
describe, as applicable, any additional mitigations that may be relevant with respect to any specific conflict
disclosed below.
Compensation -Based Conflicts. The fees due under this Agreement are in a fixed amount established
at the outset of the Agreement. The amount is usually based upon an analysis by Client and the Firm
of, among other things, the expected duration and complexity of the transaction and the Scope of
Services to be performed by the Firm. This form of compensation presents a potential conflict of interest
because, if the transaction requires more work than originally contemplated, the Firm may suffer a loss.
Thus, the Firm may recommend less time-consuming alternatives, or fail to do a thorough analysis of
alternatives. This conflict of interest is mitigated by the general mitigations described above.
11. Other Municipal Advisor Relat onshi ,s. The Firm serves a wide variety of other clients that may
from time to time have interests that could have a direct or indirect impact on the interests of Client.
For example, the Firm serves as municipal advisor to other municipal advisory clients and, in such
cases, owes a regulatory duty to such other clients just as it does to Client under this Agreement. These
other clients may, from time to time and depending on the specific circumstances, have competing
interests, such as accessing the new issue market with the most advantageous timing and with limited
competition at the time of the offering. In acting in the interests of its various clients, the Firm could
potentially face a conflict of interest arising from these competing client interests. This conflict of
interest is mitigated by the general mitigations described above.
PART B — Disclosures of Information Regarding I.e al Events and Discil?linary. History
MSRB Rule G-42 requires that municipal advisors provide to their clients certain disclosures of legal or
disciplinary events material to its client's evaluation of the municipal advisor or the integrity of the
municipal advisor's management or advisory personnel.
Exhibit C
Disclosure Statement of Munici al Advisor 'cont'd
Accordingly, the Firm sets out below required disclosures and related information in connection with such
disclosures.
I. Material Legal or DisciplinaryDisciptinary Event. There are no legal or disciplinary events that are material to
Client's evaluation of the Firm or the integrity of the Firm's management or advisory personnel
disclosed, or that should be disclosed, on any Form MA or Form MA -I filed with the SEC.
II. How to Access Form MA and Form MA -I Filings. The Firm's most recent Form MA and each most
recent Form MA -I filed with the SEC are available on the SEC's EDGAR system at
hitp://www.sec. gov/c i-bin/browse-cd ar?fiction= etcom tLn &C[K=000161.6 5.
III. Most Recent Change in Legal 2,r Disciglinary Event Disclosure. The Firm has not made any material
legal or disciplinary event disclosures on Form MA or any Form MA -I filed with the SEC.
i'ART C — Future Supplemental Disclosures
As required by MSRB Rule G-42, this Disclosure Statement may be supplemented or amended, from time
to time as needed, to reflect changed circumstances resulting in new conflicts of interest or changes in the
conflicts of interest described above, or to provide updated information with regard to any legal or
disciplinary events of the Firm. The Firm will provide Client with any such supplement or amendment as
it becomes available throughout the term of the Agreement.
PART D — Rule G-10: Investor and' Munici pal Advisory Client Education and Protection
MSRB Rule G-10 requires that municipal advisors to notify their clients of the availability of a client
brochure on the MSRB's website that provides information on the processes for filing a client complaint.
Accordingly, the Firm sets out below the required information.
I. The Firm is registered as a Municipal Advisor with the Securities and Exchange Commission (867-
00880) and the Municipal Securities Rulemaking Board (K1027).
11. The website address for the Municipal Securities Rulemaking Board is www.msrb.org.
III. The website for the Municipal Securities Rulemaking Board has a link to a brochure that describes (i)
the protections that may be provided by the Municipal Securities Rulemaking Board rules and (ii)
describes how to file a complaint with an appropriate regulatory authority.
Exhibit D
Al2g1jing Agreed -Upon Procedures Accounting Services
Our engagement to apply agreed -upon procedures will be conducted in accordance with attestation
standards established by the American Institute of Certified Public Accountants. The sufficiency of the
procedures is solely the responsibility of those parties specified in the report and we will require an
acknowledgment in writing of that responsibility. Consequently, we make no representation regarding
the sufficiency of the procedures either for the purpose for which the agreed -upon procedures report has
been requested or for any other purpose.
Because the agreed -upon procedures do not constitute an examination or review, we will not express an
opinion or conclusion in our report. In addition, we have no obligation to perform any procedures beyond
those listed in the procedures letter.
We will issue a written report upon completion of our engagement that lists the procedures performed
and our findings. Our report will be addressed to the Client and other specified parties and should not be
used by anyone other than these specified parties. Our report will contain a paragraph indicating that had
we performed additional procedures, other matters might have come to our attention that would have been
reported to you.
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF .1N QS A N A )
) SS:
9AMYt-Toi4 W COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor's newly hired employees through the E-Verify Program as defined by
I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate
against any employee or applicant for employment in the performance of a City contract with
respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
age, gender expression, gender identity, sexual orientation or disability that does not affect that
person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining
the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment
shall be made a part of any contract which it may henceforth enter into with the City of South
Bend, Indiana or any of its agencies, boards or commissions.
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United States
(I.C. 5-16-8-1).1 hereby certify that I and all subcontractors employed by me for this project will
use steel products or foundry products made in the United States on this project if awarded. I
understand I have an affirmative duty to notify the City in my bid that my proposal does not
include the use of steel products or foundry products made in the United States. I understand it is
my sole obligation and responsibility to provide a justification to the City, subject to review and
approval, why the cost of United States made steel or foundry products is unreasonable. Prior to
award and upon submission of bid which does not use steel products or foundry products made
in the United States, the City, through its director of public works, shall make a determination if
the price of United States made steel or foundry is unreasonable. I understand that violations
hereunder may result in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this 3 day of 20 i9
Subscribed and sworn to before me this 3
My Commission Expires IV,,
County of Residence
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
�&ker ,'fly zcc
Con ractor/ idder (Finn
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Si attire of Contractor/Bidder or Its Agent
Printed Name and Title
day of , 20 1 `)
Notary Public
�;�`'�'�+�;'P�;�,�,,, DEANNA HijLLOWAY
Notary Public, State of lodlana,
1SEAL:1'2E
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NAY Commission Expires
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date .. A )Hl 193 2019
Name Daniel Parker Department A&F
BPW Date May 14, 2019 Phone Extension 9822
Required Prior to Submittal to Board
BPW Attorney Attorney Name McDawiels
Dept. Attorney Attorney Name Anderson
Purchasing r]
Check the Appropriate Item Type --
Professional Services Agreement ❑ Contract
Fj
Open Market Contract
❑ Amendment/Addendum
❑'
Bid Opening
❑ Bid Award
❑
Quote Opening
❑
Quote Award
Proposal Opening
C/O & PCA No.
Chg. Order, No.
F-1
Traffic Control
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
All Submissions
H Proposal
Special Purchase, QPA
F] Req. to Advertise
❑ Reject Bids/Quotes
PCA
Resolution
Ease./Encroach
Re t�i'ard Information
Baker Tilly Municipal Advisors LLC
❑mYes❑ If Yes, Approved by Purchasing
❑ Title Sheei
® No
❑ WBE Completed E-Verify Form Attached NoF]es
IDEM Annual Landfill Financial Assurance Test (329 IAC 10-39)
None
.....
Sewage Works Operations Fund 641
641-063 0-793.31-04
_........ __w .............
$5 250
Purpose/Description Professional services contract to perform landfill financial assurance test
calculations and assist in development of report to submit to the Indiana
Department of Environmental Management (IDEM). 329 IAC 10-39-
2(a)(5)(C)(iii) requires that an independent CPA sign off on these
calculations.
For Chafe Orders Onl
Amount of E] Increase $ „
Decrease ($ )
Previous Amount $
Increase
Current Percent of Change: Decrease
New Amount $
Increase
Total Percent of Change: Decrease
Time Extension Amount:
New Coni�on Date ITITITITIT_IT
........................0,_____...................................... ....... ..