HomeMy WebLinkAboutPSA - Plan Commission and BZA Training - The Planning Workshop, Inc.1316 COUNTY —CITY BUILDING
b; PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD n hit
Ie FAX 574/ 235-9171
SOI ITH BEND_ TNDIANA 46601-1830 "� �' ���
44
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
December 10, 2019
K.K. Gerhart -Fritz
The Planning Workshop, Inc.
7829 Wawasee Ct.
Indianapolis, IN 46250
RE: Professional Services Agreement
Dear Mr. Gerhart -Fritz:
The Board of Public Works, at its meeting held on December 10, 2019, approved the above
referenced agreement to provide training for the new South Bend advisory plan commission
and South Bend Board of Zoning appeals in the amount of $3,500.
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
AGREEMENTFOR PRLO IK S 1 1 A ; "ERVICES'
� ES'
This Agreement for Professional Services (this "Agreement") is made the 12th day of
November 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, an
Indiana municipal corporation, acting by and through its Board of Public Works (the "City"), and
The Planning Workshop, Inc., an Indiana corporation (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. Services. The Provider will provide to the City the professional services (the
"Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work").
In the event of any conflict between the terms of this Agreement and the terms of the Scope of
Work, the terms of this Agreement will prevail. The Provider will execute its obligations under
this Agreement in accordance with the prevailing professional standard of care for projects of
similar design and complexity.
2. "on�ljeli ,4fig . In exchange for the Provider's performance of the Services, and
subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum
not to exceed Three Thousand Five Hundred Dollars ($3,500.00) (the "Contract Amount"), The
City will pay the Contract Amount within thirty (30) days of its receipt of Provider's invoice, which
shall be sent to the City after the Services have been completed. The City will not be required to
pay the Contract Amount if the City is not reasonably satisfied with the Provider's performance
under- this Agreement or any default or breach of this Agreement by the Provider exists, as the City
may determine in its sole discretion. Provider will not incur or seek reimbursement for any
expenses in excess of the Contract Amount.
3. �fr P1 e�Mr�itirta.. Unless earlier terminated in accordance with its terms, this
Agreement will commence on the Effective Date and end upon Provider's completion of the
Services. 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 applicable laws, payments are subject to annual appropriation. If the
City Controller 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 Controller 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 liable for the
Contract Amount or any cost associated with the Provider's performance of any Services after the
effective date of termination.
4. Reniediee l fi r° m � e<� lr of C� gr<rmm 1. The Provider's failure to complete the Services
in accordance with this Agreement will be considered a material breach. In the event of any breach
of this Agreement by the Provider, the City may suspend all payments to the Provider and may
pursue any and all remedies available at law or in equity.
S. Point of Contact, The City employee identified in Section 10 below will serve as
the City's principal point of contact for purposes of this Agreement.
6. jLej giotL lai . The Provider shall at all times be an independent contractor for the
performance of the Services 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. No employee of the Provider will be
considered or deemed to be an employee of 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. 1 ndeni nii I) cat �,r�f City. The Provider hereby agrees to indemnify, defend, and
hold harmless the City and 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, except for claims arising out of the negligence or
intentional acts or omissions of the City or its officials, directors, employees, or agents. The
obligations of the Provider under this section shall survive the termination of this Agreement.
8,tl P' �1t, (wt.1m11m11,1 The Provider will submit its work product to the City
in accordance with the terms of the Scope of Work. Any and all work product submitted by the
Provider to the City as part of the Provider's performance of the Services shall be free from claims
of infringement and will become the exclusive property of the City. The City will have the right
to use and reproduce copies of the Provider's work product as the City determines in its sole
discretion without compensation to the Provider except the compensation expressly provided for
in this Agreement. The City agrees, to the fullest extent permitted by law, to indemnify, defend,
and hold harmless the Provider against any damages, liabilities, or costs, including reasonable
attorneys' fees, arising from or allegedly arising from or in any way related to or connected with
the reuse or modification of the deliverables by the City. The City will credit the Provider each
time the deliverables are used.
9, � nrn nt. 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.
10. N(tLig . Any notice required or permitted to be delivered hereunder shall be
deemed to be delivered 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:
The Planning Workshop, Inc.
7829 Wawasee Ct.
Indianapolis, IN 46250
Attn. K.K. Gerhart -Fritz, President
City:
City of South Bend, Indiana
227 W. Jefferson Boulevard, Suite 1400 S.
South Bend, IN 46601
Attn: Angela Smith, Zoning Administrator
H. LL�j ti I � _�NQL IA-1,�_jjfninati Lgi� Conjp iqnce. The Provider shall comply
Y, �
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 federal, state, 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 she is in compliance with
each such provision and shall remain in compliance through the term of this Agreement.
12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the
effectiveness of this Agreement, that its authorized representative will execute and submit to the
City and any other appropriate bodies an affidavit in the form attached hereto as ExWt.(_L�.
J
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.
14. No Waiyer. No failure or delay on the part of either Party in exercising any right
under this Agreement will operate as a waiver of, or impair, any such right. No single or partial
exercise of any such right will preclude any other or further exercise thereof or the exercise of any
other right. No waiver of any such right will have effect unless given in a written document signed
by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right
hereunder.
15. S_ever ability. In the event any portion of this Agreement shall be held illegal, void,
or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the
terms or conditions of this Agreement are in conflict with any applicable statute or rule of law,
then such terms and conditions shall be deemed inoperative to the extent that they may conflict
therewith and shall be deemed to be modified to conform to such law.
16. EiLfirci AgpN _A netj�jnieq Aj4nulruAjje L&W. This Agreement sets forth the
entire agreement and understanding between the parties as to the subj ect matter hereof, and merges
and supersedes all prior discussions, agreements, and understandings 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
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A, Gilot, President
�i i c �se D o r au, X 41/6" t i 11) e j
Elizabeth Maradik, Member
Linda M, Ma. ti I I, Cl, rh, ind �L(
THE C N.. NIN' ORKSHOP, j " - -
By:
7;__
K.K. Gerhart -Fritz, P esided
Date: 11106117-
Genevieve Miller, Member
Laura O'Sullivan, Member
K.K. Gerhart -Fritz, FAICP
The Planning Workshop, Inc. Communication + Education = Effective Planning
Exhibit A — Scope of Work, Planning Official Training
STATEMENT OF UNDERSTANDING
The City of South Bend is in the process of withdrawing from the St. Joseph County Area Plan Commission
forming a new advisory plan commission and board of zoning appeals, effective January 1, 2020. City staff
anticipates members will be appointed by November 15, 2019. The City desires a training session in early
December 2019, in order to prepare the new city planning officials and establish appropriate practices.
The overall goal of the project is to hold one planning training sessions for South Bend's new planning
officials, with one session developed and presented to the following groups:
1) Plan Commission
2) Board of Zoning Appeals (BZA)
3) City Council
The training sessions would be oriented to these planning decision -makers, but additional invitees may
include local elected and appointed officials and local government staff. The training session will be held
in South Bend at a location determined by the City. The training session will be approximately 2-1/2 hours
long. The training date and time will be mutually agreeable to the consultant and the City.
This proposal includes the time I need to prepare the training presentation. The consultant will decide
upon specific session contents, with your assistance. City staff will act as the host, organizer and
coordinator for this project, with the consultant relying on you as the primary point of contact.
The following scope of work outlines specific tasks necessary to complete the project:
SCOPE OF WORK-- Planning Official Training Session
The training session will be used primarily to review duties of the plan commission, board of zoning
appeals and city council, based on Indiana State Code requirements. The basic content will be determined
by the APC staff, with assistance from the consultant. Expected content would include, but is not limited
to:
Plan Commission, BZA and City Council roles in the local planning process
o Including highlights of differences between Area Plan and Advisory Plan
Making a decision using appropriate criteria
Ethics, including conflicts of interest and ex-parte contacts
Exhibit A, Scope of Work, Planning Official Training
South Bend, Indiana
November 18, 2019
Ample time for questions and discussion will be allowed. The final content of the training session will be
determined by the consultant with assistance from the APC staff and coordinated through you.
The training will be in the form of a PowerPoint presentation by the consultant, with facilitated discussion.
City staff will be provided with handouts of the PowerPoint presentation before the training session,
which you may copy and distributing to each attendee. Note that the content of the training session may
be re -used by the City of South Bend, but may not be shared, given or sold to others.
The result of this task will be one training session for South Bend's new planning officials, with PowerPoint
and an electronic original of handouts for City staff to copy for attendees.
FEE FOR SERVICES
The professional fee as outlined in the scope of services is a lump sum of three thousand five hundred
dollars ($3,500.00). My fee covers the hours needed for preparation and travel, in addition to the actual
time in the training session. My fee includes mileage, lodging, food, postage and telephone calls, but does
not include expenses such as printing, packaging and reproduction of meeting handouts. The City shall
do printing, packaging and copying costs unless the consultant is directed otherwise, in which case those
costs shall be billed as a reimbursable.
The billing will be submitted to you immediately following the training session. Payment shall be made
directly to the consultant, with the total fee received within 30 days of the City's receipt of invoice.
SCHEDULE FOR SERVICES
Based on your verbal Authorization and Notice to Proceed, the training session can be ready for
presentation within two weeks; however, the consultant shall not be responsible for any delays in the
delivery of services due to delays by the City of South Bend or weather -related delays. It is understood at
this time that the City staff is considering dates in early December 2019 for the training sessions.
PROJECT PERSONNEL
Ms. Kimberly K. (K.K.) Gerhart -Fritz, FAICP, will be the sole provider of services.
Page 2
A
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When the prospective Contractor is unable to cerlij.jl to anY ofthe statements helow, it shall attach an explanation to thisAffielavit.
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(Must be completed for all cluotes and bids. Please type or print)
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STATFcar ..JN j 140A
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PJJ&4 COUNTY
The undersigned Contractor, beitig dilly SW01-11 LI11011 his/her/its oath, affirms mider the penalties of pet jury 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 ODY combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person froni 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, llot• all affiliate of, Contractor, engaged in
Investment activities ill Iran.
a. For purposes of this Certificatim, "Irmi" incarls the government of Iran and my agency or
instrumentality of Iran, or as otherwise defined at hid, Code § 5-22-16.5-5, as amemled from
tilile-to-time.
b. As provided by bid. Code § 5-22-16,5-8, as amemled from time -to -time, a Contractor is
engaged ill iiivestineiit activities ill Iran if either:
i. COI]tl'aCtOl', its SLICCeSS01' OritS affiliate, provides goods or services of twenty inillioii
dollars ($20,000,000) or more ill value In the ellergy sector of Irall; or
ii. ('011tra0t0l', its SLICCCSSOI' Ol'its affiliate, is a financial illStiulti011 that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
clays or 111ore, if that persoll will (i) use the credit to provides goods and services in
Non -Collusion Non -Debarment All-Wav4 Non Inmi Form
the energy sector ill Iran; and (ii) a( the till)C the FIIIHIICial illStitLIti011 extends credit, is
a person identified on list published by the Incliaiia Department of Adiiiiiiisti-ation.
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 all
1,1118IL1610l'ized alien. Conti -actor agrees that he/she/it shall enroll in and verify the work eligibility
status Of all of Contractor's newly hired employees through the EI-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 file 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
rcsl)c(-,t 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 in MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBH.. A finding ofa. 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 deterniiiiation, 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.
NuiM-(A)Husion Non-Dcbarnwnt A 11"idavit Non lean Fofm
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.
1, 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
(1.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 on this project if awarded. I understand that violations
hereunder may reSLIR in forfeiture of contractual payment-,.
I hereby affirm Linder the penalties Of l)e1jUI-y that the filCtS and inforniation contained ill the foregoing bid lor
public works Ell-C h-LIC and COI'I'CCt.
Dated this (lay of 20 Iq
ELIZABETH M DIAZ
Notary Public - Seal
Marion'County - State of Indiana
Commission Number 705517
My Commission Expires Sep 20,2025
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Ct')Ilt Jor/Biddel(Fil-111
Signature of Contractor/Bidder oi- Its Agent
Printed Naine and Title
Subscribed and mvorn to before me this (lay of.,
My ("OlunissiolExpires
Noaly I)I is
County of Residence
Maoc)'
Noik-Col ["sion Non-Debat ment Allidavit Non It aii Foi m
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 12/3/19
Name Al'GELA SMITH I H Department DCI
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BPW Date 12 Phone Extension 9451
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® Attorney Name Clara Daniels
Dept. Attorney ® Attorney Name Sandra Kennedy
Purchasing ® Michael Schmidt.... _
Check the Avoropriate Item Tvo - Reauir et
Professional Services Agreement [:] Contract
❑
Open Market Contract Amendment/Addendum
Bid Opening ❑ Bid Award
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Quote Opening Quote Award
E]
Proposal Opening ❑ C/O & PCA No.
Chg. Order, No. ❑ Traffic Control
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
All Submissions
"I Proposal
Special Purchase, QPA
Req. to Advertise
Reject Bids/Quotes
PCA
❑ Resolution
Ease./Encroach
❑ Title Sheei
Provide training for the newly formed South Bend Advisory Plan,
tm"ollart7issic m and South f end Ady c a rwi oard of Zoning,
Anneals
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Amount of Increase $
El Decrease )
Previous Amount $
Current Percent of Change:
New Amount
Increase %
Decrease /o
Increase %
Total Percent of Change: Decrease %
Time Extension Amount:
New Completion Date: