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HomeMy WebLinkAboutMemorandum of Understanding - South Bend Civic Theater Inc - Temporary Alley ClosureBUILDING 227 W. JEFFERSON BOULEVARD CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS July 9, 2019 Aaron Nichols South Bend Civic Theater, Inc. 403 N. Main Street South Bend, IN 46601 RE: Memorandum of Understanding Dear Mr. Nichols: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on July 9, 2019, approved the above referenced agreement for the periodic and temporary closure of the alley located behind the Civic Theater related to special events. 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, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU MEMORANDUM OF UNDERSTANDING PERIODIC AND TEMPORARY ALLEY CLOSURE APPROVAL FOR THE SOUTH BEND CIVIC THEATRE THIS MEMORANDUM OF UNSERSTANDING (this "MOU") is made and entered into as of the ___L day of July 2019, by and between the South Bend Civic Theatre, Inc., 403 N. Main Street, South Bend, Indiana 46601 ("Civic Theatre") and the City of South Bend, Indiana, by and through its Board of Public Works, 227 W. Jefferson Blvd., South Bend, Indiana 46601("City"), each a Party and collectively the Parties. RECITALS A. Pursuant to IC 36-9-6-1, the City Board of Public Works has authority over the streets, alleys, sewers, public grounds, and other property of the City. B. The City recently upgraded the alley ("Alley") next to the Civic Theatre Plaza Space, as depicted in Exhibit A, which is incorporated herein by reference. The City's upgrade included the installation of temporary bollards ("City Bollards") that can be used to block off the Alley (See, Exhibit A). C. The Civic Theatre desires to use the City Bollards to block off (i.e., temporarily close - off) the Alley for specific Civic Theatre events. D. The City has indicated a willingness to grant the Civic 1 lieatre permission to use the City Bollards and block the Alley for certain Civic `l'licatre events, subject to certain terms and conditions. Now, therefore, in consideration of the foregoing and the terms set forth below, the Parties agree as follows: 1. l�nu�'klaetitio��� of"1ecitals. The foregoing Recitals are incorporated into this MOU. 2. Term. This MOU is effective as of May 31, 2019 and shall continue on an annual basis until canceled by one of the Parties. Obligations of'Civic f'licatre. The Civic Theatre agrees to the following: a. Confer with the City on an annual basis to establish a calendar of mutually agreed upon dates and times for alley closure during the applicable calendar year. b. The 2019 dates and times are as follows: i. May 31, 2019 - Foegley Plaza Ribbon Cutting (10:00 am -Noon) ii. June 1, 2019 - Foegley Plaza Open House (9:30 am — 2:30 pm) iii. July 5, 2019 - First Friday Film at Foegley (9:00 pm — Midnight) iv. July 12, 2019 - Opening Night Reception for Oliver (6:00 pm —10:00 pm) V. August 17, 2019 - Art Beat After Party (6:00 pm — 10:00 pm) vi. September 6, 13, 20 and 27 - Foegley Fridays - Red Table Plaza (11:00 am — 2 pm) vii. June 10, 2019 — August 02, 2019 - Eight Week Summer Camp (9:00 am — 3:30 pm), M-F, with the exception of the July 4, 2019 holiday week (set up will take place after Medical Foundation traffic (8 am — 5 pm) arrives daily and before the traffic needs to leave each day during the camps. Agrees to talk to neighbors and the Medical Foundation prior to closure for summer camps. d. Agrees to put up and take down temporary bollards per the agreed upon dates and times, subject to the City's absolute right to revisit approval of closure for summer camps, if warranted complaints received. e. Agrees to add the City as an additional insured to Civic Theatre's Commercial General Liability policy, providing the City with a Certificate of Insurance, evidencing the same, no later than 15 days from the effective date of this MOU. f. Agrees to promptly return the City Bollards to the City upon termination of expiration of this MOU. 4. Indena irfica ode of the City. The Civic Theatre 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 actions or performance of the Civic Theatre under this MOU and from all costs and attorney fees in connection therewith, excepting claims arising solely out of the negligence of the City, its officials, directors, employees and agents. The obligations under this section shall survive the termination of this MOU. 5. Terniingtion or Mo dldcatiodi ky tl""' . The City shall have the absolute and final right to terminate or modify the times and dates of Alley closure under this MOU in the event the Civic Theatre fails to comply with any of the terms of this MOU. The City's right of termination or modification shall be subject to providing the Civic Theatre with five (5) days prior notice. The City shall have the right to terminate this MOU for convenience by providing the Civic Theatre with thirty (30) days prior written notice. 6 'ferniiiiatioti by the Civic Theatre. The Civic Theatre may terminate this agreement for convenience by providing the City with prior written notice. 2 7. Notices. Any notice, request, approval or other communication to be provided by either Party shall be in writing and dispatched via U.S. mail, postage prepaid, or by e-mail or personal delivery (including by means of a professional messenger service or courier service). a. If to City: City of South Bend, Indiana Attn: Jitin Kain, Deputy Director of Public Work 227 W. Jefferson Blvd., Suite South Bend, Indiana 46601 b. If to the Civic Theatre: South Bend Civic Theatre Attn: Aaron Nichols, Executive Director 403 N. Main Street South Bend, Indiana 46601 8. (ro der Tin Law. This MOU shall be governed, construed, interpreted and enforced in accordance with the laws of the State of Indiana. 9. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 10. FAntirc A nreenient. This MOU, inclusive of all exhibits, constitutes the entire agreement between the Parties and supersedes all prior negotiations or previous agreements between the Parties with respect to the subject matter of this MOU. This MOU may be amended in writing by mutual agreement of the Parties hereunder. [Signatures on Following Page] 3 SOUTH BEND CIVIC THEATRE, INC. Aaron liaoIs, Executive Director 4 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gi lot, P i eside t Genevieve E. Miller, Member Laura O'Sullivan, Member Elizabeth A. Maradik, Member There�seJ mber ATTEST, w_ M. Martin, C eel Exhibit A 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. WW...�..._ 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-Dehannent AfIldavit 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. 2-5-1.7 3. Contractor's documentation of enrollment and participation in the E-Verify Program is inchaded and attached as part of this bid/gtiote; 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). 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 I day of ww, 2017 Signature o r/ ilr;lder or Its Agent L 2LV Printed Name and Title Subscribed and sworn to before me this is day of J f , 20_Lq My Commission Expires��— Ary 1lblic _. County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 ACOROCERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/3/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _.......... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1st Source Insurance, Inc. 6909 Grape Road Mishawaka, IN 46545 nda S. 271-5200 ( r� ^ wloy (574) 271-5240 wskll@lstsource.com INSURER n : West Bend Mutual Ins. Co. INSURED �15350 INSURER B_: South Bend Civic Theatre, Inc. INSURER c ......._.,e ......___ .......___ ... ...___........._. J .. 403 N. Main Street INSURER D South Bend, IN 46601 I - INSURER E INSURER F ; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; ..,_ ___....._ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.. INS-LIR._........ .. .... ,,. ...........................................I. TYPE OF INSURANCE t I POLICY NUMBER F Y..._.............�................................................ .........,POLW'EF ..................(POLICY E#R � .., ........ ..... LIMITS ........... A X�COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE I CLAIMS -MADE X OCCUR �( A294330 7/1/2019 7/1/2020 -IS DAMAGE To RENTED 300,000 P6�FIhoII�L� ((rs �iccurracAla�ep $ 1 1 O,00O MED EXP IAny one person) $ PERsoNAL AOV INJURY I $.. 1,000,000 C:EN AGGREGATE LIMIT APPLIES GENERAL AGGREGATE $ , PRO-L X POLICYJEC7 LUC: m, 2,000,000 PRODUCTS'- COMP/OP AGG $oTIJER: 0 ...A._. AUTOMOBILE LIABILITY -. ITITIT �__....___,..�.�.. ��_..._......�.._ COMBINEDNG SILE LIMIT 1,000,000 I (Ep accade $ ANY AUTO A294330 7/1/2019 7/1/2020 BODILY INJURY (Perp_ersong l$ OWNED SCHEDULED AUTOS ONLY AUTOS I BODILY INJURY (Per acadent) $ XHIRED I NON -OWNED 1 AUTOS ONLY X J AUTOS ONLY ,, PIROPERT"+ AMAe E I (Per acc Jec t $,,,, , , , , ,, ,,,, A X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE is 1,000,000 LIAB CLAIMS MADE A294330 7/1/2019 7/1/2020 AGGREGATk $ 1,000,000 .,�Excess X I,RETENTLO.N.$. ..................o..-; I•.,,.,,,, ,,,,,,, ($.... DED I _ _._....... ER A WORKERS COMPENSATION . _.... � .... _ H PER ORH X AND EMPLOYERS LIABILITY Yl�u ANY PROPRIETOR/PARTNER/EXECUTIVE � ' B nrLcRm ary in NH} EXCLUDED. (N,.l N/A A294331 7/1/201....... 9 E.L�EACHATE 1 7/1/2020 _CCIDENT E,L DISEASE - EA EMPLOYEE; 1 $ 500'000 000 6_ ' If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT I $ 500 000 DESCRIPTION OF OPERATIONSI LOCATION'S/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of South Bend, Indiana is additional insured as respects to general liability when required in written contract or agreement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend, Indiana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 227 W. Jefferson Blvd South Bend, IN 46601 - .... ..... _—_-. ...... AUTHORIZED REPRESENTATIVE Wit. s .......... ACORD25 (2016/03) .... .�..�.. �..._...........m... ....�__......_._._.__� im9 ..................._................................................... .... �w 88-2015 ACORD CORPORATION. All rights reserved, BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM ....... ..�......... . . ........................... Date 7/8/19 Name Liz Maradik Department DCI BPW Date 7/9/19 Phone Extension x5821 .�..uu✓S�S�'FdFVFvif{A4N4N�!^""dAYIP . vn��.r:-+Vv✓"� v,.-;.u,. ar�r-=m5atui�wm ¢dt, � �,W�YVTY�M!fi�'/G�tt"r' R�,,,,,,,,,,,,,, ,,,---;,�aii pJl', 3. reu.:8e&GEiD.iW.1Ri914d dikf+ACk�Fdi1i1i1i1Yr'ittrirYu�tk)n�A'�'2a.'crtu�'d;G;�t�r'fi'�rM4ttIII�i�iI�hII�VfBkM19lf�?�kMV�:e� lie wired Prior to Submittal to Board n .. .. �. _...._.._ _ . .._ .. m �m m _ ... _ d .,....... .... ........ ...... BPW Attorney Attorney Name Clara McDaniels Dept. Attorney F-1I Attorney Name -------- — ------- ..__.,.,._... _..._.__..... Purchasing q—] Check the Professional Services Agreement El Open Market Contract Bid Opening Quote Opening EJ Proposal Opening Chg. Order, No. Other: M O [1 ite Item I"y � Contract y!,rCarl16r All Submissions 7 Amendment/Addendum ❑ Bid Award ❑ Quote Award C/O & PCA No. ❑ Traffic Control le(puiped Information U Proposal ❑ Special Purchase, QPA E] Req. to Advertise E] Reject Bids/Quotes PCA ❑ Resolution Ease./Encroach ❑ Title Sheel Company or Vendor Name South Bend Civic Theatre New Vendor .�� Yes If Yes, Approved by Purchasing N MBE/WBE Contractor MBE Completed E-Verify Form Attached El YNeos Project Name Project Number NA Funding Source NA Account No. Amount Terms of Contract .........�.�...............................-._.,.............................. Purpose/Description Agreement for the periodic and temporaryc_los................................................................... ___._........_._.... ure of the alley located behiihi� the civic theatre related to special events. For Chan Orders Only....._ _ Amount of El Increase $ E] Decrease ($ J Previous Amount $ ,..........................------ -----........_..................m.... ����������.... IncreaSe /o Current Percent of Change;, Decrease �_ /o New Amount $__ ........................................... ...................... ........... - Increase Total Percent of Change: Decrease .................. ( % Time Extension Amount: New Completion Date: