HomeMy WebLinkAboutPSA – Develop Amendments for South Bend’s 2020 Zoning Ordinance - Jennifer L. Settle, LLC.1 ;1 �, s•, ,ss s� -•r; i• s c i C•ss s',
through
:s.rs of Public is Jennifers�liability
company -s under the laws of ae State of s "Provider") s ' and
collectively'
For s in consideration of s s, and promises s s s herein, the Parties
zgree as follows:
The Provider provide tr the City the professional
forth"Services") set in the Provider's proposal .+.s s hereto .: se "Scope of Work").
In
n the event s s�� betweenterms s Agreemen nd-&e terms of s.Scope
Work. the s ,� • s s +, s s s!
Agreement in accordance with theprevailing pros r dard of care forprojects of
design s c
exchanges Provider's performance c
to exceed Five Thousand !s 111 !1 se "Contract Amount").pay the
Contracts c in installments upon regular invoicing by the Provider w<i
The City will not be s rs to pay any sstract Installment if the City is not
sa,s s s s• s
or breach s of this Agreement by s- Provider s� determine a its sole
discretion s 1 the duty of s .is s' +ssi faith, or dealing. The sum of s
Installments will not exceed the ContractAmount, s the Providernot or
reimbursements any s in excess of the Contract Amount.
". Unless earlier i s in accordancewith this Agreement
commenceon y. Effective Dateand end upon the Provider'ss s ss of all its obligations
hereunders thepayment therefor.
B. Notwithstanding foregoing, s s, s 1' days'
deliverli s s s c' Provider. , in
wholeor in part,determines s, such termination is in the best interest of a. City. In
addition, in accordance with applicable payments s to annual appropriation.
City Controller s determination that fundsare not appropriated or - otherwise
unavailable A sun"Iort the continuation of s'-
the City Controller scs are not ssspcs or otherwise unavailable.st cc
continuation of F' s f. be final .l1 conclusive. The as •" 1 r s
cs !a �• s: s- s i-- .s - s s s •�, s -:s• ` c' s- s• s
' ww s• •s s- �tss` s `a ,.. .s. s c s• sc i s .. - � s #. •,
C. The Provider's failure to complete the Services in accordance with this
Aareement will be considered a material breach. In the event of anv breach of this 4,%reew ent bv *e
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pursue any and all remedies available at law or in equity, up to the amount paid to Provider due to
such breach.
D. Failure of City to make payments to Provider in accordance with this Agreement
will be considered material breach. Provider mai terminate thisigrew ivr �v 11at C
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act of default within forty-five (45) days after receipt of written notice from Provider requesting
that the default be remedied or cured. Termination of this Agreement will not relieve City of the
i av Davments due. nor will it relieve CiV of its obli tir(Lti-st
4 Point of Contact. The City employee identified in Section 10 below will serve
the City's principal point of contact for purposes of this Agreement.
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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
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 andthe
Provider.
arise from (i) any breach or violation of this Agreement by City; (ii) any negligence, gross
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I*rompt written notice of any alleged liability or action.
R Work PL0kuqLQm tieriliia. The Provider will submit its work product to the City in
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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 ADA-MIAtmWe i43WL
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
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9. &5�sjgpMgW. 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, except
for the Provider's subcontracting, at the Provider's sole cost.
10. Np_(ic . 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,
reF-stered or certified mail- return recei3t rar,.uested, addressed to the Ci[VA or the Provi
case may be, at the address set forth below.
jltpyjr: 91y:
Jennifer L. Settle, LLC City of South Bend
610 Lyman Avenue 227 W. Jefferson Boulevard, Suite 1400 S.
Oak Park, IL 60304 South Bend, IN 46601
Attn: Jennifer Settle Attn: Michael Divita
f "laup 10 ) )qqq� iuLtion . The Provider shall comply
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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
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12 Contractor's Affidavit. The Provider agrees, as a condition precedent to the
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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
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within the State of Indiana has been convicted of a criminal drug violation occurnng in the
workplace.
14 No Waiyg. 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
exerciriv,-*f zxy vmo;Y wUjregly-ic z&y oIr &K-Yer mrcise ftereivif *r tyc exercise (I dity
other right, No waiver of any such right will have effect unless given in a written document signe?
by the Party waiving such right. No waiver of any right will be deemed a waiver of any other rI
lkereund,er.
15. Sqvc . In the event any portion of this Agreement shall be held illegal, void,
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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 an a-DiDlicable statute or ru
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16, L,oli—reAgnc gn-dRiAgn-L-A-m—fic . This Agreement sets forth the
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February 25, 2020
Tim Corcoran
Department of Community Investment
227 W. Jefferson Blvd., Suite 1300
South Bend, IN 46601
Proposal for Additional Services
For the City of South Bend, Indiana
Task 1: Ongoing tasks related to the South (Bend Zoning Ordinance (February - December): $5,000
Revisions and ongoing calibration of the South Bend Zoning Ordinance
o Additional tables or graphics as needed
o On -site Working Sessions as needed, expenses shall be included within this budget
o Services related to the South Bend Zoning Ordinance will be billed at $100/hour.
Invoices will be sent on a monthly basis.
The total scope of this work is not to exceed $5,000.
Jennifer L. Settle, LLC
610 Lyman Avenue
Oak Park, IL 60304
Employer Identification: 83-08489
Contractor's Afridavit
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When theprospectim Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affldavit
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STATE OF 111%,O;js
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COLNTY
1. Contractor has not, nor has any other member, representative, or agent of the firm,
colmlanp cotcoration or tiartuershi(
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 farther 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, If has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
z. For purposes of this Certification, "Iran" means the goverinfient 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
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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
cI ntract 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 defan, It if the CI 'Ot 0 t)&4r*viT-i41,-iq I*
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,
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person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
I r 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
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 perfon-nance 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
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
sole obli ation and responsibility torovide a justification to the Cit su•'ect to review m.-A
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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
public works are true and correct.
Dated this day of 20
L Lc--
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ttIlc 0 lItr' '; t. �
-I, tile of intractor�/ -Ir or Its Agent
r� idd(
Printed Name and Title
Subscribed and so m to before me this 29 day of _r
200
My Co fission Expires -26'7otary
Public
County of Residence
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
JASON FRANKLIN
OFFICIAL
L
Commission
FFICIAL SEAL
NOTARY PUBLIC -STATE OF ILLINOIS
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My Commission 898128 Expires 7-16-]2023
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
by and through its Board of Public Works
�w
Gary A. Gilot, President
Elizabeth A Maradik,, Member
1' clese J. loran, Mcjnber
V.
for r V. Gathers, _ rS°pier
w
°'sell R. Molnar, Member
Attest:
Je 1 "'r L.Set� , Owner
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date March 2 2020
Name Michael Divit; Department DCI
BPW Date March 10 2020 Phone Extension 5843
Review and Aparcvl Required Prior to Submittal to Board
Diversity Compliance r-1 Officer Name NA
and Inclusion Officer —
BPW Attorney Attorney Name
Dept. Attorney �I, Attorney Name Sandra Kenned
Purchasing
u
Check the Appropriate Item Type; —
Professional Services Agreement Contract
❑ Open Market Contract
❑ Amendment/Addendum
R Bid Opening
❑ Bid Award
R Quote Opening
E] Quote Award
Proposal Opening
0 C/O & PCA No.
E] Chg. Order, No.
E] Traffic Control
El Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Amount of
Previous Amount
Information
All Submissions
L J Proposal
❑ Special Purchase, QPA
Req. to Advertise
E] Reject Bids/Quotes
❑] PCA
[:] Resolution
El Ease./Encroach
❑ Title Sheei
Jennifer L. Settle, LLC
�...._.��.....--Yes.�..�.....................�-......r..... ___.....�._� ��..�...................�_..�..............
�] If YesApproved by Purchasing
® No
MBE Completed E-Verify Form Attached ❑ No
WBE
Zoning Ordinance: 2020 Amendments
DCI Admin
211-1001-460.31-06
$5,000
vela _1!pnt of ainet clrt eats to South Bend ratt�in ordinance ce to im Li
yc
usabilitv
l Increase
�] Decrease
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
s
El
Increase
%
Decrease
( %)
Increase
/o
Decrease
( %)