HomeMy WebLinkAboutAgreement for Goods and Services - Presidio Networked Solutions Group LLC - Camera System for Howard Park1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOI ITH BEND. INDIANA 46601-1830
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June 25, 2019
Mark Wiseman
Presidio Networked Solutions Group, LLC
12272 Hancock Street
Carmel, IN 46032
RE: Agreement for Goods and Services
Dear Mr. Wiseman:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on June 25, 2019, approved the above
referenced agreement regarding an IT managed Presidio Milestone Camera System for
Howard Park in the amount of $29,916.11.
Enclosed please find the original of the agreement for your signature. Please sign and return
the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
INTER -OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
VENUES PARKS & ARTS
TO: Linda M. Martin, Clerk
Board of Public Works
FROM: Patrick Sherman
SUBJECT: Presidio Milestone Camera System for Howard
DATE: 06/25/2019
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Greetings Board Members,
Venues Parks & Arts would like to order a camera system for the new Howard Park campus that is
under construction. The new camera system will assist Venues Parks & Arts to maintain a high -
quality experience for the visitors to the park and the safety and security of our guests and
employees. We have partnered with the City Innovation and Technology department to extend the
existing City enterprise video solution in place in other City departments.
The Department of Innovation and Technology has developed a multi -year relationship with Presidio
for ongoing support, installation and programming assistance with the Milestone Video System to be
acquired through Presidio.
We look forward to creating a wonderful experience for the residents and guests that we serve.
Thank you and let me know if you have any questions.
Patrick Sherman
574-235-5601
psherman@southbendin.gov
AGREEMENT FOR GOODS AND SERVICES
This Agreement for goods and services (this "Agreement") is entered into on June 251n,
2019 (the "Effective Date"), by and between the City of South Bend, acting by and through its
Board of Public Works (the "City"), and Presidio Networked Solutions Group, LLC, a foreign
limited liability company, with its Principal place of business located at 12272 Hancock St,
Carmel, Indiana 46032 (the "Provider") (each a "Party" and collectively the "Parties").
For and in consideration of the mutual covenants and promises contained herein, the Parties
agree as follows:
1. Goods and Services. The Provider will provide to the City the goods and services
("Goods and Services") set forth in the Provider's proposal attached hereto as Exhibit A (the
"Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms
of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail.
2. Compensation. In exchange for the Goods and Services, and subject to the terms
and conditions of this Agreement, the City will pay the Provider the fee stated in the Proposal (the
"Contract Amount") in accordance with the project budget stated in the Proposal. The City will
pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal
(each a "Contract Installment"). The City will not be required to pay any Contract Installment if
any material default or breach of this Agreement by the Provider exists. The sum of all Contract
Installments will not exceed the Contract Amount, and the Provider will not incur or seek
reimbursement for any expenses in excess of the Contract Amount.
3 Term, Termination Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all
its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing,
effective immediately upon delivery of a written termination notice to the Provider, the City may
terminate this Agreement, in whole or in part, for any reason, if the City determines that such
termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18-
4, payments are subject to annual appropriation by the City. If the City makes a written
determination that funds are not appropriated or are otherwise unavailable to support the
continuation of this Agreement, it shall be cancelled. A determination by the City that funds are
not appropriated or are otherwise unavailable to support the continuation of performance shall be
final and conclusive. The City will not be required to pay any Contract Installment or be otherwise
liable for any cost associated with the Provider's performance of any Services after the effective
date of termination.
4. Remedies for Breach of Contract. Failure to provide the Goods and Services in
accordance with this Agreement will be considered a material breach. In the event of such breach,
the City may suspend all payments to the Provider and may pursue any and all remedies available
at law or in equity. The Provider shall repay to the City any portion of the Contract Amount
expended for matters not within the scope of the Services.
Point of Contact. The City employee identified in Section 9 below will serve as the
City's principal point of contact for purposes of this Agreement.
6. Relat�ionsh p. The Provider shall at all times be an independent contractor for all
services performed and goods supplied rather than an employee of the City, and no act or omission
to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the
benefit of the Parties and not for any third party or person. This Agreement was negotiated by the
Parties at arm's length and each of the parties hereto has reviewed the Agreement after the
opportunity to consult with independent legal counsel. Neither party shall maintain that the
language in the Agreement shall be construed against any signatory hereto. The City and the
Provider hereby renounce the existence of any form of agency relationship, joint venture, or
partnership between the Provider and the City and agree that nothing contained herein or in any
document executed in connection herewith shall be construed as creating any such relationship
between the City and the Provider.
7. hidemnilication ol'CAY. The Provider hereby agrees to defend, indemnify, and
hold harmless the City, its officials, employees, and agents from any and all claims of any nature
which arise from the performance by the Provider under this Agreement and from all costs and
attorney fees in connection therewith, excepting for claims arising out of the negligence of the
City, its officials, directors, employees, and agents. The obligations of the Provider under this
section shall survive the termination of this Agreement.
8. Assi niment. The Provider shall not assign or subcontract the whole or any part of
this Agreement or its obligations hereunder without the prior written consent of the City.
9. Notiee:. Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered, whether or not actually received, when deposited in the United States
Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to
the City or the Provider, as the case may be, at the address set forth below.
Provider:
Presidio Networked Solutions Group,
LLC
Christy Beard
12272 Hancock St
Carmel, IN 46032
Attn: Mike Wiseman
City
City of South Bend
Venues Parks & Arts Department
1020 High Street
South Bend, IN 46601
Attn: Patrick Sherman
10. Equal Opportunity-, Non -Discrimination,• Compliance. The Provider shall comply
with all applicable laws and regulations in its hiring and employment practices and policies for
any activity covered by this Agreement. The Provider shall comply with all state, federal, and
municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement
including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non-
discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the
government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new
employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions
is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with
each such provision and shall remain in compliance through the term of this Agreement.
11. Drug -Free °wa'v'`omkplace. The Provider hereby agrees to make a good faith effort to
provide and maintain a drug -free workplace. The Provider will give written notice to the City
within ten (10) days after receiving actual notice that the Provider or an employee of the Provider
within the State of Indiana has been convicted of a criminal drug violation occurring in the
workplace.
12.. Entire Agreement• Amendment; Applicable L w. This Agreement sets forth the
entire agreement and understanding between the parties as to the subject matter hereof, and merges
and supersedes all prior discussions, agreements, and understanding of any and every nature
between them. This Agreement may be amended only by separate writing, signed by authorized
representatives of both the Provider and the City. This Agreement will be construed and
interpreted according to the laws of the State of Indiana, and any dispute arising out of this
Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in
the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different
method of dispute resolution.
13. Severttbil it . All provisions of this Agreement shall be considered as separate terms
and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
material provision of this Agreement, in which case the Provider and the City agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
14. Eorce I tajeure. The Provider shall not be responsible for any failure or delay in the
performance of any obligation hereunder, if such failure or delay is due to a cause beyond the
Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war,
third -party suppliers, labor disputes or governmental acts.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
PRESIDIO NETWORKED
SOLUTIONS GROUP, LLC
Printed Name and Title
Street Address
City, State zip
CITY OF SOUTH BEND, INDIANA
BOARD OF P"UQIC WORKS
t
Gary A. Gilot, President
Genevieve Miller, Member
r
Therese J. D rau, Member
Elizabeth A. Varaadrik, Member
Telephone Fax Laura O'Sullivan, Member
4
EXHIBIT A
Proposal
[See attached]
PRESID10,,
TO: AllCity
of South Bend
Todd Dutoi
227 W. Jefferson room 1200 N.
South Bend, IN 46601
tdutoi@southbendin,gov
(p) 574-235-9123
BILL TO:
SB Police - Attention IT
701 W. Sample St,
South Bend, IN 46601
Customer#:
CITYS010
Account Manager: Mike Wiseman
Inside Sales Rep: Christy Beard
Title:
Howard Park cameras
Comments:
Cameras and software for Howard Park
-community center
-support facility
-park
'cabling and install by Pemberton Davis
'POE ports and network by owner
•server and storage by owner
QUOTE: 2003419909027-02
DATE: 03/27/2019
PAGE: 1 of 3
FROM: Presidio Networked Solutions Group, LLC
;i Christy Beard
12272 Hancock St
Carmel, IN 46032
cbeard@presidio.com
(p) 317.660.3024
1
0804-001
M3045V/2MPNANDM/WDR/2.BM/HDMI
$225.59
6.00
$1,353.54
Comments: 2MP interior dome for cameras #1,2,3,4,5,6
2
XPCODL
XPROTECT CORPORATE DEVICE CHANNEL LICENS
$247.40
6.00
$1,484.40
Comments: Milestone camera license
3
YXPCODL
1YR Care Plus FOR XPCODL DEVICE CHANNEL
$45.89
6.00
$275„34
Comments: Milestone camera support license
�ulll' 1 m ti W ��� IOlunl�u�m
.
4
0804-001
M3045-V Fixed Dome IP Camera, Max. HDTV 1080p at 30 FPS with WDR
$230,15
3.0000
$690,45
Comments: 2MP interior dome for cameras #7,8,9
5
01022-001
Q3517LVE/5MPNNDM/4-9MZ/IP67
$1,087.49
3.00
$3,262.47
Comments: 5MP exterior dome w/ audio for cameras #10, 10b, 11
6
XPCODL
XPROTECT CORPORATE DEVICE CHANNEL LICENS
$247.40
6.00
$1,484,40
Comments: Milestone camera license
7
YXPCODL
1YR Care Plus FOR XPCODL DEVICE CHANNEL
$45.89
6„00
$275.34
Comments: Milestone camera support license
RESID10.
QUOTE: 2003419909027-02
DATE: 03/27/2019
PAGE: 2 of 3
6
01504-001
P3717-PLE 8MP,360 MLTDIR
$1,173.74
2,00
$2,347.48
Comments: exterior 360 camera for camera #12a, 12b
9
01513-001
T94N01D PNDNT KT
$77.49
2.00
$154,98
Comments: 360 pendant kit
10
01164-001
T91B47 100-410MM-POLE MNT
$74.99
2.00
$149„98
Comments: pole mount
11
01022-001
Q3517LVE/5MPNNDM/4-9MZ/IP67
$1.087.49
5.00
$5,437.45
Comments: 5MP. exterior dome w/ audio for cameras 13, 14, 15, 16, 17
12
01164-001
T91B47100-410MM-POLE MNT
$74.99
5.00
$374.95
Comments: pole mount
13
01234-004
Q6125LE/2MP/PTZ/IR/X30/IP66
$2.609.99
1.00
$2.609.99
Comments: 2MP Exterior PTZ for camera #18
14
5801-721
T91161 WALL -AND -POLE MOUN
$86.24
1,00
$86.24
Comments: pole mount for PTZ
15
5800-811
SS STRAPS 1450MM, 1 PAIR
$21.24
1.00
$21,24
Comments: pole straps for PTZ
16
0767-001
C3003-E NETWORK HORN SPEAKER
$434.99
Z00
$869.98
Comments: Exterior audio horn for alerts
17
01164-001
T91B47100-410MM-POLE MNT
$74.99
2.00
$149,98
Comments: horn pole mount
18
MISC-PhySec-
Physical Security / AV Consumable Supplies
$250.00
1.00
$250.00
CONSUMABLE
Comments: misc, patch cords, consumables
19
XPCODL
XPROTECT CORPORATE DEVICE CHANNEL LICENS
$247A0
10.00
$2.474.00
Comments: Milestone camera/device license
20
YXPCODL
1YR Care Plus FOR XPCODL DEVICE CHANNEL
$45.89
10.00
$458,90
Comments: Milestone camera support license
pp pp
@IIIIIIIIIIIIIIII@III
r ' UIU It iVl
21
PS-SVC-PHYSEC-FF
Physical Security Presidio Professional Services Fixed Fee
$5.705.00
1.0000
$5,705.00
Comments: Labor
Deliverable: Labor
IIII���II
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iSub Total: $29,916.11
Grand Total: — — $29,916.11
QUOTE:
PRESIDIO,,DATE:
PAGE:
Quote valid for 30 days unless otherwise noted
2003419909027-02
03/27/2019
3 0f 3
Additional Terms
The following terms and conditions shall govern this agreement unless a valid Master Services & Product Agreement or other similar agreement ("Master Agreement") between the parties
has been executed and is in force, in which case the terms of the Master Agreement shall prevail to the extent that they are inconsistent with the following terms and conditions,
1.. Purchase Orders, Invoicing, Payment and Acceptance. Any purchase order submitted by CLIENT in connection with this agreement shall be deemed subjectto these Additional
Terms and this agreement. Unsigned, electronically submitted purchase orders shall be deemed to include CLIENT's electronic signature and shall be binding to the extent accepted by
Presidia.. Presidia's performance of such purchase order shall not constitute Presidia's acceptance of new or different terms, including pre-printed terms on such order. In absence of a
purchase order, CLIENT agrees that its signature below grants Presidia the right to invoice CLIENT and authorizes payment to Presidia for the amounts owed., Further, CLIENT represents
that Presidia can rely on such CLIENT signature for payment..
Presidia shall invoice CLIENT for the Products and/or Services in accordance with the terms stated in the agreement.. The price included herein reflects a 3 % discount for payment by cash,
check or wire transfer, This discount will not apply in the event that CLIENT pays using a credit card or debit card
CLIENT shall make payment to Presidia within thirty (30) days from the date of invoice,. Except for taxes due on Presidia's net income, CLIENT shall pay all taxes.. Presidia reserves the
right to bill CLIENT for additional work requested by CLIENT and performed by Presidia, and for applicable expenses incurred by Presidia pursuant to providing such additional services,
which are not described in this agreement.
Unless otherwise indicated in this agreement, CLIENT agrees that staff augmentation services and services performed on a time and materials basis shall be deemed accepted as
performed.. Unless otherwise indicated in this agreement, Projects shall be deemed accepted upon the earlier of Presidia's receipt a signed Project Completion and Acceptance document
which has been signed and dated by an authorized representative of CLIENT, or thirty (30) calendar days from the date of the delivery of the final Project deliverable. If acceptance is
refused, the Client shall provide, in writing to Presidia, its reasonable basis for refusal, prior to the expiration of the thirty (30) calendars day period,. Presidia shall address the issue before
subsequent work is undertaken.
2,. Shipment of Product, All Products delivered to CLIENT hereunder shall be shipped FOB origin, freight collect, Title and risk of loss shall pass to CLIENT at point of origin,. Products
shall be deemed accepted upon delivery.
3„ Limitations of Warranties, Presidia warrants that Services shall be provided by competent personnel in accordance with applicable professional standards. ALL PRODUCTS
PROVIDED BY PRESIDIO ARE PROVIDED "AS IS", WITH ALL FAULTS.PRESIDIO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER (OEM) WARRANTIES,
CERTIFICATIONS AND GUARANTEES, IF ANY, ARE PASSED THROUGH TO CLIENT.
4., Intellectual Property, CLIENT acknowledges that Presidia, its vendors, and/or its licensors retain all patents and/or copyrights in and to all proprietary data, processes and programs,
if any, provided in connection with Services performed hereunder; any Presidia software provided to CLIENT as part of the Services provided shall be subject to the vendor's, licensor's or
OEM's copyright and licensing policy,. To the extent such software is prepared by Presidia, it is provided by nontransferable, nonexclusive license for CLIENTS internal use only, subject
strictly to the terms and conditions of this Agreement, and shall terminate upon termination or expiration of this Agreement. CLIENT shall not duplicate, use or disclose for the benefit of
third parties, reverse engineer or decompile any such software.
5. Confidential Information, The parties agree that Confidential Information means any information disclosed by the disclosing party to the receiving parry, either directly or indirectly, in
writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plant and equipment, "CLIENT" lists or other "CLIENT' information not
known to the public), which is designated as "Confidential," "Proprietary" or some similar designation, or is the type of information which should reasonably be recognized as Confidential or
Proprietary. The receiving party shall not use any Confidential Information of the disclosing party for any purpose except to evaluate and engage in discussions concerning this Proposal.
Each party agrees to protect the other party's Proprietary and Confidential Information to the same extent that it protects its own Proprietary and Conrdential Information but with no less
than a reasonable degree of care,..
6. Limitation of Liability,. IN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, PRESIDIO'S ENTIRE
LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR
MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLIENT
FOR SERVICES AND/OR PERFORMANCE HEREUNDER. Without limiting the foregoing, Presidia will have no responsibility for the adequacy or performance of (in) any third party
software provided to Presidia under this agreement; (ii) any hardware, and (iii) any services provided by any third party,
7. Non -Solicitation Provision. During the term of this agreement and for twelve (12) months thereafter, CLIENT will not solicit for a permanent or other position any employee or
subcontractor of the other party to whom that party was introduced as a result of this agreement, Should CLIENT solicit and/or hire an employee or contractor from PRESIDIO, CLIENT
shall pay to PRESIDIO an administrative fee equal to 1 year's salary of the employee's new salary at CLIENT.
8. Export Law Compliance. CLIENT has been advised that all Products purchased hereunder and Presidia Confidential Information is subject to the U.S. Export Administration
Regulations CLIENT agrees to comply with all applicable United States export control laws, and regulations, as from time to time amended, including without limitation, the laws and
regulations administered by the United States Department of Commerce and the United States Department of State.
9. Force Majeure. Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such performance is prevented or delayed by causes beyond
its reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, acts of God or the intervention of any government authority.,
10, Choice of Law and Venue The parties will attempt to settle any claim or controversy arising under this agreement through consultation and negotiation in good faith and a spirit of
mutual cooperation.. This agreement and all matters relating thereto shall be governed exclusively by the substantive law of the State of Michigan.. Any dispute relating directly or indirectly
to this agreement or any other contract or agreement between the parties which cannot be resolved through the process of consultation and negotiation shall be brought in a court of
competent jurisdiction in Kent County, Michigan, that being the exclusive venue for any dispute between or any claims held by any of the parties to this agreement,
11, Miscellaneous, This agreement constitutes the entire agreement of the parties and supersedes all prior written or oral agreements, representations and understandings relating to the
subject matter hereof, with the exception of a valid Master Services and Product Agreement between the parties under the terms of which this agreement shall be incorporated. This
agreement shall not be amended or modified except by written instrument signed by the parties. Should additional work beyond the scope of the Services detailed herein by Presidia be
requested by CLIENT, fees for such additional Services will be negotiated with CLIENT prior to performing such work and will be memorialized in writing between the Parties by utilizing a
Project Change Request forth ("PCR") or an additional agreement as appropriate. Presidio will invoice CLIENT for any additional work performed and expenses incurred which are not
described in this agreement. The Parties agree that neither may assign its rights or duties under this contract without the prior written consent of the other Party, which consent shall not be
unreasonably withheld.,
12,. Severability, The provisions of this Agreement are severable, If any provision of this Agreement or its application to any person or circumstance is ever held by any court of
competent jurisdiction to be invalid for any reason, the remainder of this Agreement and the application of such provision or part of this Agreement to other persons or circumstances shall
not be affected.
Customer hereby authorizes and agrees to make timely payment for products delivered and services
rendered, including payments for partial shipments
Customer Signature
Date
EXHIBIT B
Contractor Affidavit
[See attached]
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 )
SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
l . 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 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.
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). I 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 day of , 20
Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of 120
My Commission Expires
County of Residence
3, � Page
Notary Public
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 06/20/2019
Department VPA: Facilities &
Name Patrick Sherman Grounds
BPW Date 06/25/2019 Phone Extension 5601
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� ...���.. ...� ..mm.........w. ..� .. .......... �. w.�.�� ........—........W..
Required Prior to Submittal to Board
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Legal Attorney ��.......�....._w�w_ ..��� _.......-
g ® Name Clara McDaniels
Controller review is required for all Contracts $5,000.00 or more
Controller ® and greater than one year in length per the City Purchasing
Policy
Purchasing
Check the
Agreement
E Professional Services
Bid Opening
El Quote Opening
F-1 Change Order No.
El Ease/Encroach.
F I Other:
Michael Schmidt
ro_priate Item Type — FF
❑ Contract
❑] Resolution
❑ Bid Award
❑ Quote Award
El C/O &PCANo
F Traffic Control
d for All Submissions
Proposal
❑ Req. to Advertise
auired Information
❑ PCA
Company or Vendor Name Presidlo Networked Solutions Group, LLC
Addendum
❑ Title Sheet
New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor ❑ MBE [:] WBE
MBE/WBE Contractor Requested ® No 0 Yes Name of Company
Project Name Howard Park Enterprise Camera Srstemmmm
Project Number 1089-2019
........... ._......... .. _ _.
Funding Source Cum Cap Fund 406
w
Account No. 406-1101-452.42-01
......................................................... . . . . ................ ............m
Amount $ 29,916.11
Terms of Contract Goods and service agreement
Purpose/Description IT Managed nterrise cameras stem at Howard Park
X Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non Debarment, E-Veo!y, Iran, etc,
:wired For Change Orders OnN
Amount of LJ Increase
Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Dispersal After Approval
Copy
Original
El
F-1
El
F-1
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