HomeMy WebLinkAboutPSA - Assessment of City Road Surface Conditions - RoadBotics1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
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PFACT,
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CITY OF # BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC1
March 10, 2020
Mr. Benjamin Schmidt
RoadBotics
6401 Penn Ave., Yd. Floor
Pittsburgh, PA 15206
RE: Professional Services Agreement
Dear Mr. Schmidt:
PHONE 574/235-9251
FAX 574/ 235-9171
The Board of Public Works, at its meeting held on March 10, 2020, approved the above
referenced agreement for the assessment of city road surface conditions in an amount, not to
exceed $39,280.
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,
r
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this "Agreement") is entered into on February
25, 2020 (the "Effective Date"), by and between the City of South Bend, acting by and through its
Board of Public Works (the "City"), and RoadBotics, Inc., a Delaware corporation with its
Principal place of business located at 6401 Penn Avenue, Yd Floor, Pittsburgh, Pennsylvania
15206 (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 "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. 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. Compensation. In exchange for the Provider's satisfactory performance of the
Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider
the Program 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 the City is not 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. 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. 'lam"e ` ennnation. 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 complete the 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
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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.
5. 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. Relati��r kip. 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. 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. Indemnification of Cam. 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. Assignment. 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. Notices. 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: City:
RoadBotics, Inc. City of South Bend
6401 Penn Avenue, Yd Floor 227 W. Jefferson Blvd.
Pittsburgh, PA 1506 South Bend, IN 46601
Attn: CEO Attn: Scott Kreeger
10. Nual O1 ortunit Non- l iscrimination, Com llancc. 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
2
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. 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 Exhibit B.
12. 1ru �-I* ree 'Workplace. 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.
13. Entire A mreementr ArnendmentY A )licaWe Law. 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.
14. Severabilit . 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.
15. Force Maieure. 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.
16. Counterparts. This Agreement may be executed in two or more counterparts,
which together shall constitute one and the same agreement among the Parties.
[Signature page follows.]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
ROADBOTICS, INC CITY OF SOUTH BEND, INDIANA
BOARD OF nI f�WORKS
�.----.._-_._._.Signature '^
Gary A. +pilot, President
Primed Name and Title ITITm ITX WWWW V. ^' ITITITmmmmmmmmmmnnn
Jo a V. Gathers, ember
6401 Penn Avenue, Yd Floor
Street Address ""
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Elizabe A. Maradik, Member
P.O. Box
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Pittsburgh,
PA 15206____
City, Slate Zip
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m. lm R. Molnar, Member
ATTEST:
11d� M. Martin, Clerk
0
EXHIBIT A
Proposal
[See attached.]
24203589,2
Subscription Agreement
Prepared for: South Bend, IN
On: 02/25/2020
SUBSCRIPTION COMPONENTS
RoadMap: Basemap Confirmation
RoadBotics will augment a Customer's current GIS files of their roadways to confirm a GIS basemap
("RoadMap") that defines the total centerline miles for the contracted road network ("Network Mileage").
The RoadMap is the foundation for the RoadBotics Subscription. If the Customer does not possess a GIS
map of its road network, RoaclBotics will develop one for the Customer. At the Customer's request,
RoadBotics will provide Customer with the digital basemap GIS file.
RoadBotics Pavement Assessment: Road Surface Condition Assessment
The Customer receives a RoaclBotics Pavement Assessment ("Pavement Assessment") that consists of two
layers: Point Data and Segment Data. Point Data includes a high definition image for approximately every
10-feet of the road surface that is rated on a 1-5 scale using RoadBotics advanced machine learning
algorithm (level one = good condition and level 5 = poor condition). Each image is also GIS-tagged and
timestamped. Segment Data includes the average rating of all the Point Data that appears along the
intersection -to -intersection segment of each given roadway in the Pavement Assessment. The Pavement
Assessment is available as a downloadable GIS file (*.shp, *.geojson or *.kml) and CSV File.
RoadSense: Data Collection App
The Customer receives a non-exclusive, non -transferable license to access and use RoadBotics data
collection app RoadSense to collect Road Data for the sole purpose of generating a Pavement Assessment
for the Network Mileage included in the Customer's RoadMap.
RoadNav: Turn -by -Turn Navigation App
The Customer receives a non-exclusive, non -transferable license to access and use RoadBotics turn -by -turn
navigation app RoadNav, which provides Customer with the driving routes to complete Road Data collection
of the Network Mileage for a customer's Pavement Assessment.
RoadWay Platform: Interactive Web -Based GIS Map Platform
The Customer receives access to the online, cloud -based platform RoadWay to view their Pavement
Assessment. Access to RoadWay includes a map of the Pavement Assessment and the ability to navigate
and view all the Point Data and Segment Data. Additional features are provided for both maintenance
activities and long-term planning.
RoadSide Support: Comprehensive Customer Support
The Customer will receive access to RoadSide Support customer services where a team of professionals
provide: (1) onboarding support to ensure the successful collection of data and delivery of the Pavement
Assessment, (2) training and walkthrough of the Pavement Assessment, (3) individualized support to help
the Customer reach maximum success in their use of their Pavement Assessment.
SUBSCRIPTION PROGRAM
Network Mileage
The total centerline mileage of the customer's road
491
network to be assessed.
Subscription Term
The amount of time from the signature date the
12 months
Customer has access to the RoadWay Platform and
Roadside Support.
Number of Scans
The number of scans of the Network Mileage to be
1 time(s)
performed in the term of this agreement.
Data Collection
The date upon which RoadBotics will train and
Within two (2) weeks of
onboard the customer in data collection.
execution of this Agreement.
Pavement
The date upon which RoaclBotics will deliver the
No later than 30 days after
Assessment
i entire Network Mileage to the Customer in Roadway.
RoaclBotics has received
Delivery Date
Road Data that meets
RoaclBotics quality threshold
for 100% of the Network
Mileage for any given Scan.
Licenses Included
RoadBotics is licensing RoadWay, RoadSense and
in Subscription
RoadNav ("Licensed Materials") to Customer.
RoadBotics shall remain the sole and exclusive
owner of the Licensed Materials. Access to the
Licensed Materials is governed by the Terms and
Conditions of this Agreement.
FEES
Subscription Fee The annual fee paid to RoadBotics for the $ 39,280
RoadBotics Subscription.
Payment Terms Customer will be invoiced upon execution of this Agreement in accordance with the
payment terms in Section 3 of the Terms & Conditions.
TERMS AND CONDITIONS
RoadBotics, Inc. ("RoadBotics"), located at 224 N Euclid Ave., 4th Floor, Pittsburgh, PA 15206, will provide the
City of South Bend ("Customer") located at 227 West Jefferson Blvd, South Bend, Indiana 46601, access to
certain services ("Services") pursuant to the provisions of these Terms & Conditions ("Agreement") as outlined
below. RoadBotics and Customer agree as follows:
1. sofa ion Lire Terrns In consideration of the payment for the Services specified below, RoadBotics
hereby grants to the Customer during the Subscription Term, solely for the Customer's internal use and
for no other purpose whatsoever ("Authorized Use"), a nonexclusive, nontransferable right to use and
access RoadWay, RoadSense and RoadNav, as such products are described in Subscription Components.
The Services will include all components listed above in "Subscription Components" with specific terms of
the Subscription Program provided above.
2. Specific Terms. Customer shall have access to the Subscription Components for the Subscription Term.
Customer owns the Pavement Assessment as specified. Customer hereby grants RoadBotics a perpetual,
non-exclusive license to access, analyze, use internally, and publish or display on its own websites, any
Pavement Assessment specified. Additionally, RoadBotics grants to Customer a perpetual, non-exclusive,
non -transferable license to use, analyze, and publish or display on its websites, any complimentary
images or visualizations provided by RoadBotics in conjunction with Customer's purchased Pavement
Assessment. RoadBotics hereby grants Customer a non-exclusive, non -transferable license during the
Subscription Term to access, display internally, use and, where applicable, download and install onto a
compatible mobile device RoadNav and RoadSense for the sole purpose of collecting Road Data for the
generation of the Customer's Pavement Assessment. Customer acknowledges that RoadBotics is the
owner of RoadSense, RoadNav and Road Data. Road Data means the raw data collected by RoadSense
that includes video, geolocation and timestamps for the specific purpose of generating Pavement
Assessments. Except for the licenses granted in this Agreement, nothing in this Agreement confers in the
Customer any right of ownership to RoadSense, RoadNav or Road Data. Notwithstanding anything to the
contrary in this Agreement, Customer shall not have access to Road Data while collecting or transmitting
the Road Data.
3. Fees and Payment Customer shall pay to RoadBotics a subscription fee accordingly to a payment
schedule as specified above. All fees shall be paid within thirty (30) days of the date of invoice.
3.1. Failure to Pay. Failure to pay within the specified period may, at the sole discretion of
RoadBotics, result in a modification of the Delivery Date of the services or cancellation of this
Agreement. In the event of a changed delivery date, the Customer will be given notice in
writing of the new delivery date. Continued failure to pay, may result in additional delays in
the Delivery Date along an additional 10% surcharge on the fees.
3.2. Payments not Received. Payments not received by RoadBotics in accordance with the terms of
this Agreement are subject to interest at the rate of one percent (1.0%) per month of the
unpaid balance or the maximum rate under law, if such maximum rate is less than 1.0% per
month. In addition, RoadBotics may suspend its performance under this Agreement if
Customer fails to comply with any part of its payment obligation.
4. Term and'reralipation. The term of this Agreement will begin on the contract signature date and
continue for twelve (12) months (the " Subscription Term").
4.1. Early Termination. Customer shall have an option to terminate this Agreement during the
Term. Customer shall provide written notice to RoadBotics of its intention to exercise such
early termination option at least 60 days prior to the requested termination date and, with the
El
written notice, Customer shall pay a termination fee representing 20% of remaining balance
owed during the term.
5. Erice A iustments. During the Subscription Term, the Subscription Fee shall not increase unless there is a
substantial increase in the cost to RoadBotics of providing the RoadWay service. In such event the
increase shall be limited to the amount necessary to cover those costs. RoadBotics shall provide at least
thirty (30) days advance notice of such increase.
6. Warranties. RoadBotics will use reasonable commercial efforts to make the Services available during the
term specified. In the event of breach of this warranty for the Services, RoadBotics' sole and exclusive
obligation, and Customer's sole and exclusive remedy, shall be to refund the applicable portion of the
subscription fee applicable to the Services for the period such Services were not available because of
breach by RoaclBotics.
7, [nnfidentiality. "Confidential Information" means all confidential and proprietary information of a party
(the "Disclosing Party") disclosed to the other party (the "Receiving Party"), whether orally or in writing,
including but not limited to the terms and conditions of this Agreement business and marketing plans,
technology and technical information, product designs, and business processes. Confidential Information
shall not include any information that (i) is or becomes generally known to the public without breach of
any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by
the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently
developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is
received from a third party without breach of any obligation owed to the Disclosing Party. The Receiving
Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose
outside the scope of this Agreement, except with the Disclosing Party's prior written permission. If the
Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall
provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally
permitted) and reasonable assistance, at Disclosing Party's cost, if the Disclosing Party wishes to contest
the disclosure. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential
Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing
Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to
enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are
inadequate.
Umitatioa of l iabi ity, ROADBOTICS SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR INDIRECT DAMAGES,
INCLUDING LOST BUSINESS OR PROFITS, ARISING OUT OF THE USE OF THE SERVICES OR OTHERWISE
OUT OF THIS AGREEMENT. TO THE EXTENT THAT ROADBOTICS IS HELD LIABLE FOR DAMAGES ARISING
OUT OF THE USE OF THE SERVICES OR THIS AGREEMENT, ROADBOTICS'S LIABILITY FOR SUCH DAMAGES
SHALL IN NO EVENT EXCEED THE SUBSCRIPTION FEES PAID BY CUSTOMER TO ROADBOTICS FOR THE
APPLICABLE SERVICES. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS
SECTION. CUSTOMER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS
CONTAINED HEREIN, THE FEES CHARGED FOR THE SERVICES WOULD BE HIGHER.
MiscPllanPnus_
9.1. This Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania. All disputes related to this Agreement will be settled
exclusively by the state and federal courts located in Allegheny County, Pennsylvania.
9.2. RoadBotics may identify Customer as a customer of RoaclBotics, including a general
description of the products and services provided by RoadBotics to Customer. Neither party
5
will disclose the pricing or other specific terms of this Agreement without the prior written
consent of the other party except as may be required by law.
9.3. 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 RoadBotics and Customer agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
9.4. The parties hereunder are independent contractors. Neither party shall have any right to
assume, create, or incur any expense, liability, or obligation, express or implied, on behalf of
the other party. This Agreement is not intended to be, nor shall it be construed as a joint
venture, association, partnership or other forms of a business organization or agency
relationship.
9.5. This Agreement, including the Subscription Components, Subscription Program and Fees
above, constitute the entire Agreement between the Customer and RoaclBotics with respect to
the subject matter hereof, and no waiver, modification, alteration or amendment of any of the
terms or conditions hereof shall be effective unless and until set forth in writing duly signed by
authorized representatives of RoadBotics and Customer.
9.6. RoadBotics 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 RoadBotics' reasonable
control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers,
labor disputes or governmental acts.
9.7. All notices to either party shall be in writing and delivered by hand or by certified mail or
overnight delivery service to the address set forth by Customer or RoadBotics or to such other
address as either party shall give by notice to the other party. Notices shall be effective when
delivered to the applicable address.
9.& The provisions of Sections 3, 4, 5, 6, 7 and 8 of this Agreement shall survive the expiration or
termination of this Agreement for any reason.
9.9. Customer gives RoadBotics permission to use its official logo and municipal name (collectively
the "Marks") for the purpose of being listed as a Customer on RoadBotics' website. To use the
Marks for purposes other than the cases defined herein, RoadBotics must receive written
consent and approval by the Customer. The Customer hereby releases RoadBotics from all
liability relating to the publication or use of the Marks.
[Signature Page Follows]
R
IN WITNESS, WHEREOF, the parties have executed this Agreement as of the later of the dates set forth below.
South Bend, IN
Signature:
Date:
Printed Name:
RoadBotics, Inc.
Signature:
Date.
Printed Name:
Title: Title:
EXHIBIT B
Contractor's Affidavit
[See attached.]
242035992
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
STATE OF
(Must be completed for all quotes and bids. Please type or print)
SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Non -Debarment Affidavit Non Iran Form
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor's newly hired employees through the E-Verify Program as defined by
I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate
against any employee or applicant for employment in the performance of a City contract with
respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
age, gender expression, gender identity, sexual orientation or disability that does not affect that
person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining
the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment
shall be made a part of any contract which it may henceforth enter into with the City of South
Bend, Indiana or any of its agencies, boards or commissions.
Non -Collusion Non -Debarment Affidavit Non Iran Form
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United States
(I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will
use steel products or foundry products made in the United States on this project if awarded. I
understand I have an affirmative duty to notify the City in my bid that my proposal does not
include the use of steel products or foundry products made in the United States. I understand it is
my sole obligation and responsibility to provide a justification to the City, subject to review and
approval, why the cost of United States made steel or foundry products is unreasonable. Prior to
award and upon submission of bid which does not use steel products or foundry products made
in the United States, the City, through its director of public works, shall make a determination if
the price of United States made steel or foundry is unreasonable. I understand that violations
hereunder may result in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this ____ 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
Notary Public
County of Residence
Non -Collusion Non -Debarment Affidavit Non Iran Form