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HomeMy WebLinkAboutPSA - Training for the New SB Advisory Plan Commission and SBBZA - The Planning Workshop, Inc.1316 COUNTY -CITY BUILDING � � PHONE $74/ 235-9251 227 W. JEFFERSON BOULEVARDPE AVE FAX 574/ 235-9171 SOI ITH BEND. INDIANA 46601-1 830 r� CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC 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 AGREEMENT FOR PT :TFI+:SSIO AL SERVICES 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. +T omjj�,jisation. 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. 'T'ernl jgrJnarIT i err. 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. T�r� ci s l rr I� rc rc Cr i a t. 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. Provider: The Planning Workshop, Inc. 7829 Wawasee Ct. Indianapolis, IN 46250 Attn. K.K. Gerhart -Fritz, President f." it: City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 Attn: Angela Smith, Zoning Administrator tionj,'onjljiansg . 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 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 __. 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 ExIlibit B. 1) .3 3. g� _f'.._L(Lw�)LkL 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 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. SeyerabihU. 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. Lt i q I (ire AUeen emt�, nendmiet,il )L i able Law. This Agreement sets forth the �__ _Ai___ - AL �k entire agreement and understanding between the parties as to the subject 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 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 WPC WE UAW When the prospective Contractor is miable to cerfijj) to an-1, ofthestatemenIs below, it shall attach an explanation to this Affielavit, (Must be completed for all quotes and bids. Please type or print) STKrEOF_jpj 1-(Aiqa d' COIJNTY SS: The Undersigned Contractor, being CILIIY SWO111 LIJ)011 his/her/its oath, affirms under the penalties of peiitiry that: I. 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 Tior 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 froni participation in this transaction by any Federal department or agency; and 1. Contractor has not, nor has any SLlCCeSSOr to, nor art affiliate of, Contractor, engaged ill investment activities ill Iran. a, For pm -poses of this Certification, "Iran" means the government of Iran and any agency or instrililiclitality of Iran, or as, otherwise defined at Ind. Code § 5..22-16.5-5, as amended from ti me-to-ti file. 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 t`vciity million dollars ($20,000,000) or more ill VaILle in the energy sector of Iran; or ii. Contractor, its SLICCeSSOr or its affiliate, is a financial illSti(Liti011 that extends ftVellty million dollars ($20,000,000) or more ill 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 NIon-Collusion Non -Debarment Afflidavit Non Iran Form the energy sectoi, in li-aii; and (ii) at the tinic the financial institution extends credit, is a person identified on list published by the Indiana Departinent of Adiiiiiiisti-atioji, 4. Contractor does not knowingly employ or contract with an unauthorized alien, no]., retain any employee or contract with a person that the Contractor subsequently learns is all 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 171—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, not, retain any employee or contract with a person that the subcontractor subsequently learns is in 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 terra of the contract with the City of Sout1i Bend, and understands that the City may terniina(e 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 tll]'OLlgll its agencies, boards, or commissions shall not discritninate 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 orientatioti 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 coilin-tissions 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. M no event shall pet -sons or entities seeking the award of a City contract be required to award a subcontract to can MBE/WBE; however, it may not unlawfully discriminate against said 1A/13E/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 tcril-iinating the contact for which the discritilitfatoi-y 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. NUH-CALISion Non-I)Qbaimom Affidavit Non Iran Form Contractor agrees not to discriminate agaiiist or ititimidatc 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 (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 on this project if awarded. I understand that violations hereunder may result in Forfeiture of contractual payments. I hereby affirm Linder the penalties of I)eljLll'y that the filQtS and information contained ill the Foregoing bid for public works are true and correct, Dated Oils (lay of, 4_,20.1q V ELIZABETH M DIAZ Notary Public —Seal Marion County — State of Indiana Commission Number 705517 My Commission Expires Sep 20, 2025 PUSILION6 lov C' Cow tor/Bidder (FirTl Signawre of Contractor/Bidder or Its Agent . ..... .... Printed Nanie and Title Subscribed and sworn to before me this 20r—kday of 20 yciEieMlissionxprs No tary I le County of Residence �aoo Non -Collusion Non-Dt,,Wmnent Afficlavil Non Iiiii Foini BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/3/19 Name ANGELA SMITH Department DCI BPW Date 12 Phone Extension 9451 '— )Iffla➢mPlYlfllnYiNMWMpf.MB _..,. mmm,;;, nrrrsu�rsF�FuuY'u"+�'/h31k k"5!,., tlItlIW'fi'MWF��, �::...viL .----m- 36'UW.RMw'�'"k!WI'WIVMWfAC��i.MNON:4,FfNXM1�fiY✓n'MM@ �������� 'E' �%IIIMMMMMMMMp Yama GAF uwy., Required Prior to Submittal to Board BPW Attorney ® Attorney Name Clara Daniels Dept. Attorney Purchasing Is Attorney Name Sandra Kennedy Michael Schmidt _ Check_the Appropriate Ite m Iry t' i Professional Services Agreement ❑ Contract Open Market Contract ❑ Amendment/Addendum [-J Bid Opening L Bid Award [:J Quote Opening E] Quote Award E] Proposal Opening C/O & PCA No. 0 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 Information All Submissions LI Proposal [] Special Purchase, QPA ❑ Req. to Advertise [� Reject Bids/Quotes PCA [ Resolution [� Ease./Encroach ❑ Title Sheei Provide training for_the newly formed South ITBend Advisory Plan Commission and South Bend Advisory Board of Zoning . _._._._._ Appeals Amount of ❑ Increase $ Decrease ($ Previous Amount $ Current Percent of Change New Amount E.1 Increase % Decrease ( % Increase % g..... __ .-..... o_... Total Percent of Chan e: Decrease /o Time Extension Amount:. ................... .............. --------...W�W�W�W�W�W�W�W.....�.. New Completion Date: