Loading...
HomeMy WebLinkAboutLicense Agreement - Temporary COVID Quarantine Site for Homeless - Janki LLC dba Motel 61316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 14, 2020 Ronak Patel Janki LLC d/b/a Motel 6 236 N Dixie Highway South Bend, IN 46637 Pam Meyer pmeyer@southbendin.gov RE: License Agreement Dear Mr. Patel: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 14, 2020, approved the above referenced agreement for the temporary COVID quarantine site for the homeless in the amount, not to exceed $270,000, from April 14, 2020 to May 14, 2020 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR LICENSE AGREEMENT FOR TEMPORARY USE OF PRIVATE PROPERTY This License Agreement (this "Agreement") is made effective as of April 14th. 1 2020 (the "Effective Date"), by and between the City of South Bend, Indiana (the "City"), acting by and through its Board of Public Works (the "BPW"), and Janki LLC d/b/a Motel 6 - South Bend/Mishawaka (the "Owner") (each a "Party," and collectively, the "Parties"). RECITALS WHEREAS, the Owner holds title to certain real property and improvements located at 236 N Dixie Highway, South Bend, Indiana 46637 (the "Property"); and WHEREAS, the Governor of the State of Indiana (the "Governor") issued Executive Order 20-08 effective Monday, March 23, 2020 and Executive Order 20-18, effective Monday, April 6, 2020, wherein residents of the State were advised to shelter in place; and WHEREAS, the Governor also issued Executive Order 20-05, which suspends procurement rules as they apply to the acquisition of services for the City's response to the COVID- 19 emergency (the "Emergency"); and WHEREAS, as a result of the Emergency, individuals who cannot return home while awaiting test results or while recovering from COVID-19 need a place to shelter in place away from others; and WHEREAS, the City has identified the Property as a site at which such individuals may be temporarily housed during the Emergency (the "Purpose"); and WHEREAS, the City desires to use, on a temporary basis, the Property for the Purpose; and WHEREAS, the Owner is willing to permit the City to gain access to and temporarily use the Property for the Purpose, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. License to Use the Property. The Owner grants to the City, its agents, contractors, employees, and invitees, for a period of sixty (60) days commencing on the Effective Date, a temporary, exclusive license to enter and use the Property for the Purpose, provided that the City's use of the Property is reasonable at all times and comports with the terms of this Agreement and all applicable laws. The parties agree that the City shall have the right to extend this Agreement for an additional thirty (30) day period upon ten (10) days prior written notice. C, I ( Wiv 2. Consideration. In consideration for the above license, the City agrees to pay or Cause to be paid a rate of $35.00 peed per day for eighty-two (82) rooms, inclusive of the cost of utilities anther services provided by the Owner as set forth herein, in a total amount not to exceed Two Hundred Seventy Thousand Dollars ($270,000.0o) for the initial and any renewal term hereof, as well as for any holdover penalties that may accrue as set forth herein, 3, 5,0rviceslncluded, In conjunction with the license to use the Property, the Owner shall provide the following services at n . o additional charge to the City: emergency maintenance for issues related to normal wear and tear; regular laundry service for linens and towels. housekeeping no sooner than 48 hours after the departure of a guest; front desk staff es at all times ' and soap, shampoo, clean linens and towels in each room at check in and every seven (7) days.; 4, The City, at its sole cost and expense, shall be responsible for providing on -site security at all times; services to prevent and eliminate bed bugs; site managers to coordinate services to guests; cleaning services to disinfect each room after the departure of the registered guest(s). The City may, in its sole discretion and at its sole cost, provide microwave ovens for the heating of meals either in -room or in a bank of microwave ovens and a freezer for storing frozen food at the Property. At all times during the period covering the Purpose, the City will use or cause to be used commercially reasonable efforts to, keep the Property in good order and condition. Upon the termination of this Agreement, the City shal I ensure that the Property has been disinfected in accordance with guidelines set forth by the St. Joseph County Health Department. In the event that the City has not completed the disinfection of rooms upon the date of the termination of this Agreement, the City shall pay $35.00 per room that has not been disinfected for each day such room remains unusable by the Owner. 'The City understands and agrees that it will, at its own expense, observe and comply With, or cause to be observed and complied with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Purpose. Further, the City agrees that each room shall be occupied by a single person. In the event that two (2) and up to (4) individuals are immediately related (spouse, grandparent, parent, or child) and the St. Joseph County Health Department has issued a written authorization for such individuals to reside in the same room, the Owner shall allow such people to occupy the same room, provided that only two (2) people are allowed per bed in each room, The City further understands and agrees that the Owner shall not be liable for any loss, damage, destruction, or theft of the City's property or the property of the City's agents, contractors, employees, or invitees,, or any bodily harm or injury that may result from the City's use of the Property. The City understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property of the City or its agents, contractors, employees, or invitees while on the Property. To the extent that any portion of the Property is disturbed or damaged solely due to the City's use of the Property, the City, at its sole expense, shall restore or cause to be restored the Property substantially to the condition that existed immediately prior to such disturbance or damage to the reasonable satisfaction of the Owner. For clarity, the City shall not be responsible for any damage to the Property caused by a latent defect but shall be responsible for damage caused by the action or inaction of the City's agents, contractors, employees, or invitees. 5. Indemnification. For a period of six (6) months following the termination of this Agreement, the City agrees and undertakes to indemnify and hold the Owner and its agents, employees, successors, assigns, and licensees harmless r fom ally liability, loss, costs, damages or expenses, including attorneys' fees, which the Owner may suffer or incur as a result of any claims or actions which may be brought by any third party directly arising out of the City's use of the Property. If any action is brought against the Owner, or its agents, employees, successors, or assigns, in connection with the Purpose, the City agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein, provided that the City is promptly notified of such claim. If the Owner fails to notify the City promptly of a claim for which it seeks indemnification, and the City is prejudiced by the late notification the City's duty to defend the indemnified Party shall be terminated. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law, 6. Insurance. The City carries a blanket insurance policy covering property in which the City holds an interest, which shall include the Property, In addition, the City is a municipal corporation that is self -insured under provisions of Indiana statutes and local ordinance. Specifically, the City is covered by a non -reverting insurance premium and liability reserve fund created by the City's Ordinance § 6657-79, pursuant to, Indiana Code 34-13-3-4, as amended from time to time. 7. Notices. 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 Owner, as the case may be, at the address set forth below. Owner Janki LLC 236 N Dixie Highway South Bend, IN 46637 Attn. Ron Patel City of South Bend, Indiana Department of Community Investment 227 W. Jefferson Boulevard, Suite 1400 S. South Bend, IN 46601 Attn: Pamela Meyer Each undersigned person executing and delivering this Agreement on behalf of a Party represents and warrants that he or she is a duly authorized representative of such Party and that he or she has been fully empowered to execute and deliver this Agreement on behalf of such Party. & Comofiance. The Owner 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 Owner certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement, 9. l ru pree work lace. The Owner hereby agrees to make a good faith effort to provide and maintain a drug -free workplace, The Owner will give written notice to the City within ten (10) days after receiving actual notice that the Owner or an employee of the Owner within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 10. Non- -_-',ollusion. The Owner attests, subject to the penalties for perjury, that it is the Owner, that it has not, directly or indirectly, to the best of its knowledge after due inquiry, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that it has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of this Agreement. 11. Waiver. 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 thereofor 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. 12. Severabilit 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. 13. Einfitirrg_A ment. 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 understandings of any and every nature between them, This Agreement may be amended only by separate writing, signed by authorized representatives of both the Owner and the City. 14. Governin Law and Jurisdiction. This Agreement will be construed and interpreted according to the laws of the State of Indiana and any controversy arising herefrom shall be heard in a court of competent jurisdiction in St. Joseph County, Indiana, Signature Page Follows IN WITNESS WHEREOF, the Parties have each executed this Agreement to be effective as of the Effective Date stated above. BOARD OF PUBLIC WORKS G.T A. GUM, P—,id—t E W1,0b A. M..dik. M—b,, 11—.- J. D—, M—b., I - V. GMI,—Member J .. ph R. M.1—, ATTEST: "k, 0 fuw, Linda M. M,Ii., Clerk DC ated: April 14, 2020 JANKILLC Lai —PateI:Veber - Dated: q (q / z,- BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/09/2020 Name Pam Mever Department DCI BPW Date 4/14/2020 Phone Extension 5845 Review and Approval Required Prior to Submittal to Board Diversity Compliance ® Officer Name Michael Patton and Inclusion Officer BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Sandra Kennedy Purchasing ® Michael Schmidt Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ® Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. _ 171 Other: License At Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution n Ease./Encroach Department of Communitv Investment ® Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑ Yes No COVID Quarantine Site 408-0401-415.39.30 $270,000.00 -not to exceed 04/14/2020 — 05/14/2020 Purpose/Description Provides for temporary emergency shelter for those awaiting test results and/or recovering from COVID -19 who have no home to go to and need a place to shelter in place away from others For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: