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HomeMy WebLinkAbout2013CITY OF SOUTH BEND, ST. JOSEPH COUNTY AND THE HPC DECEMBER 31, 2013 106 REVIEWS: 2002 86 CITY OF SOUTH BEND 2003 94 2004 115 2005 249 2006 99 1 1 ST. JOSEPH COUNTY 2007 227 6 2008 192 10 2009 393 30 2010 497 16 2011 273 7 2012 207 2 2013 356 4 CERTIFICATE OF APPROPRIATENESS: 2005 80 CITY OF SOUTH BEND 1 ST. JOSEPH COUNTY 2006 105 3 2007 107 3 - 2008 82 3 2009 103 2 ` 2010 112 2 2011 84 2 2012 93 1 2013 60 3 INVENTORY STRUCTURES IN NATIONAL REGISTER DISTRICTS: 1,701 IN CITY OF SOUTH BEND 14 IN ST. JOSEPH COUNTY SINGLE SITE NATIONAL REGISTER LANDMARKS: 34 IN CITY OF SOUTH BEND 2 IN ST. JOSEPH COUNTY PENDING NATIONAL REGISTER NOMINATIONS: 1 IN CITY OF SOUTH BEND 1 IN ST. JOSEPH COUNTY STRUCTURES IN LOCAL HISTORIC DISTRICTS: 748 IN CITY OF SOUTH BEND 0 IN ST. JOSEPH COUNTY LOCAL LANDMARKS: 134 IN CITY OF SOUTH BEND - 74 IN ST. JOSEPH COUNTY 2013 FEES COLLECTED COA $1,380.00 SURVEY BOOKS $235.00 HPC NUTS/ WINDOWS $135.00 WINDOW DVD $296.25 POSTCARDS $240.00 TOURS $923.50 AGREEMENT FOR PROGRAMS AND SERVICES (HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY) THIS AGREEMENT (the or this "Agreement"), is made effective the _L day of 4� , 201.1 by and between the CITY OF SOUTH BEND, INDIANA, a Municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (collectively the "City"), ST. JOSEPH COUNTY (the "County") and HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY (the "Organization"). RECITALS WHEREAS, the City and St. Joseph County, Indiana (the "County") have entered to an agreement providing for the establishment of the HPC, as evidenced by the adoption of substantially similar ordinances, which for the City was Ordinance No. 5565- 73, as amended, adopted by the South Bend Common Council (the "Agreement"); and WHEREAS, in addition to the Agreement, the City is empowered under the authority of Ordinance No. 9746 -07 adopted by the South Bend Common Council, the legislative body of the City, pursuant to Indiana Code § 36- 1- 3- 6(b)(1) to enter into this Agreement, and under Indiana Code § 36- 10 -2 -4 to aid historical programs; and WHEREAS, HPC is a governmental organization created by the Agreement, and is a division of the County for accounting purposes, whose mission is to survey, identify, plan for, advise and recommend to the South Bend Common Council and the Area Plan Commission of the County concerning the establishment of historic preservation districts and historic landmarks; and WHEREAS, the City desires to provide for certain services and programs to be provided to the residents of the City, which services and programs are more particularly described at Exhibit A (the "Program "); and - WHEREAS, the Organization is duly qualified to provide for, oversee and administer the Program; and - WHEREAS, the City has appropriated funds for the Program in the amount of Twenty -five Thousand and 00 /100 Dollars ($25,000.00) (the "Contract Amount ") as required by Indiana Code § 5-22-17-3 and the Contract Amount does not exceed such appropriation; and WHEREAS, the City believes that the actions contemplated by this Agreement are in the best interests of the health, safety and welfare of the City and its residents and that such actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and the Organization hereby agree as follows: 1. Contract Amount and Term. The Organization shall provide the programs and services set forth at Exhibit A (the "Program ") to the residents of the City, on behalf of the City, for the Contract Amount for the period commencing January 1, 2013 and ending December 31, 2013. The approved schedule for the Program is set forth at Exhibit B. 2. Program Budget and Budget Modification. The approved Program Budget is set forth at Exhibit C hereto (the "Budget "), which exhibit is hereby incorporated herein by reference. The Organization shall not seek from the City more than the Contract Amount for any expenses related to the Program or otherwise. The Organization shall only use the Contract Amount to implement the Program or provide the services in conformance with the Budget and for no other purpose. 3. Compensation for Program. All payments shall be made quarterly (on-or approximately near March 1, June 1, September 1 and December 1) for expenses incurred during that quarter provided that the Organization provide sufficient evidence to the Contract Administrator (as defined herein) for such expenses including, but not limited to, a budget expenditure report detailing disbursements and expenditures of the Contract Amount by the line items set forth in the Program Budget. The quarterly payments shall be paid in equal amounts unless the Contract Administrator determines that the Organization is materially failing to complete the Program in accordance with the Program Schedule, in which case the City shall only be obligated to pay the applicable portion of the Contract Amount substantiated by reliable evidence submitted by the Organization. 4. Design and Implementation of Program. To the extent not set forth in Exhibit A. Exhibit B and Exhibit C, the Organization shall be solely responsible for the design and implementation of the Program, specifically directed otherwise by the City, the City's Internal Auditor (as defined herein), or the Director of the Division of Community Development or any person appointed by said Director or the City to administer this Agreement (the "Contract Administrator"). The Program and this Agreement must be performed and administered in accordance with all applicable federal, state and local laws. The Organization shall use the Contract Amount only for activities related to the Program. S. Termination of Agreement. 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. Effective thirty (30) days after delivery of a written termination notice, the City may terminate this Agreement, in whole 2 or in part, for any reason, if the City determines that such termination is in the best interest of the City. The Organization shall be compensated for completion of the Program properly done prior to the effective date of termination. The City will not be liable for work on the Program performed after the effective date of termination. In no case shall total payment made to the Organization exceed the original Contract Amount. 6. Remedies for Breach of Contract. Failure to complete the Program in accordance with this Agreement may be considered a material breach, and shall entitle the City to impose sanctions against the Organization including, but not limited to, suspension of all payments, and/or suspension of the Organization's involvement in the Program, on behalf of the City. The Organization shall repay any portion of the Contract Amount expended for matters not within the scope of the Program or the Budget. Z Maintenance of Records. Access to Records. The Organization shall keep a written record, in a form acceptable to the City, related to the use and expenditure of the Contract Amount. Within thirty (30) days of the expiration or termination of this Agreement, the Organization shall provide the City with a final accounting of the use and disposition of the Contract Amount by the Organization. Unless otherwise authorized by the City or required by law, such records shall be maintained by the Organization for a period of four (4) years of the date of this Agreement. The Organization understands and agrees to comply with the legal requirements of Indiana Code § 5- 14-3 -1 et. seq. (commonly known as Indiana's Access to Public Records Act), if applicable, with respect to all documentation related to the Contract Amount. 8. Audit Requirements. The Organization agrees to make all information available to the Indiana State Board of Accounts, the City's Internal Auditor, and the Contract Administrator as requested to comply with any audit requested related to the receipt and use of the Contract Amount and the Organization's performance in delivering the Program in accordance with the provisions of this Agreement. If requested by the City or the Contract Administrator, the Organization shall provide the City a progress report on the Program. If requested by the City or the City's Internal Auditor, the Organization shall arrange for a financial and compliance audit of the Contract Amount to be conducted by an independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts) and in accordance with applicable Indiana State Board of Accounts standards. The City's Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to Indiana Code § 36 -4-9 -6 (the "City Controller ") or any person appointed or retained by the City Controller or the City for the purpose of auditing the Organization for this Agreement or other agreements of the City. 9. Conflicts oflnterest. The Organization hereby certifies and agrees that no -member, officer, or employee of the City, or its designees or agents, and no member of the governing body of the City of South Bend or the Organization (and no one with whom there is a family or business tie) who exercises any functions or responsibilities with respect to the receipt and use of the City during his or her tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed -in connection with the 3 Program. To the extent the Program involves the awarding of a contract or grant, the Organization shall not award the same to a person or entity that creates a conflict of interest described in Indiana Code § 5- 16- 11 -5.5. 10. Relationship. Reserved 11. 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 Organization, as the case may be, at the address set forth below. Organization: Catherine Hostetler, Director Historic Preservation Commission 125 South Lafayette Blvd South Bend, Indiana 46601 Cily Pamela C. Meyer, Director Division of Neighborhood engagement City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1200 South Bend, -IN 46601 -1830 12. Equal Opportunitv. The Organization shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. 13. Entire Agreement and Amendment. 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, approved by both the Organization and the City. 14. Additional Representations. The undersigned persons executing and delivering this Agreement on behalf of the Organization represent and certify that they are the duly authorized officers of the Organization and have been fully empowered to execute and deliver this Agreement and that all necessary corporate action has been taken and done. IS. Non - Collusion and Acceptance. The undersigned attests, subject to the penalties of perjury, that he /she is the properly authorized representative, agent, member or officer of the Organization and that he /she has not, nor has any other member, employee, representative, agent or officer of the Organization, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she 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 hereof. - .- 16. E- Verifv. The Organization does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Organization subsequently learns is an unauthorized alien. The Organization agrees that he /she /it shall enroll in and verify the work eligibility status of all of the Organization's newly hired 4 employees through the E -Verify Program as defined by I.C. 22- 5- 1.7 -3. The Organization 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 Organization 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 Organization fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. (Signature page follows) - W1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Date: q ' 2013 Gary A. Gilot David P. Relos, € - Member Kathryn E. Roos Michael C. Mec am r r' hark W. Neal ATTEST ( 4da M. Martin HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY Date: A )1.A" , 2013 —�V - ignature C A-T7fE.C��Y c �. ff� S7�i Printed Name and Title �jl. °I�GTDIL ST. JOSEPH COUNTY COMMISSIONERS Signature Rnkq7• ICosi-,� - CoMr�sscr�v Printed Name and Title EXHIBIT A Program Description The Organization shall provide*the following services and programs: 1. Continue the compilation and refinement of survey data, for properties located in the City of South Bend, into the Survey data base, including the National and Indiana Registers of Historic Registers of Historic Places, for planning relative to the Section 106 Review process. 2. Educate property owners, government agencies and the general public about historic preservation. 3. Conduct local historic review of federally funded projects in accordance with Federal and State policies for the City of South Bend. EXHIBIT B Program Schedule 1. Continue the compilation and refinement of survey data, for properties located in the City of South Bend, into the Survey data base, including the National and Indiana Registers of Historic Registers of Historic Places, for planning relative to the Section 106 Review process -- (January 1 through December 31, 2013) 2. Educate property owners, government agencies and the general public about historic preservation — (January 1 through December 31, 2013) 3. Conduct local historic review of federally funded projects in accordance with Federal and State policies for the City of South Bend — (January 1 through December 31, 2013). EXHIBIT C Program Budget Total Contract Amount is $25,000.00. $25,000 is depending upon need of services for items 1, 2 and 3 of the Program Description and Schedule: Costs for each individual portion of the Program may vary. This Agreement consolidates and packages items 1, 2, and 3 within the Program. The Organization agrees to complete the entire Program for the total Contract Amount, plus any other funds agreed to be provided to the Organization under another agreement. APPENDIX I When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. NON - COLLUSION, NON - DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY VERIFICATION AND NON - DISCRIMINATION COMMITMENT, STATE OF INDIANA - ) 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 include 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: 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 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 4. 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; and 5. - Contractor shall not discriminate against 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, handicap, national origin or ancestry. Breach of this provision may be regarded as a material breach of the contract. Dated this 26day of March , 20 13 Board of St. Joseoh Cou Commi SGinnP rs Contractor/Bidder (Firm) 01� Signature of Contractor /BiMer or Its Agent Andrew T. Kostielney, President Printed Name and Title Subscribed and sworn to before me this e,* d My Commission Expires Al, V /9' Notary Publi County of Residence MARK ALLEN RUNNION o`= a Notary Public. state of Indiana st. Joseph County " Commission # 603723 My Commission Expires s,. March 30, 2017 ay of W, , 20 c. Director's Report April 2013 18 March Sent Letter to Parks Board on the HPC's priorities for the City Cemetery. MeetingCirculated National Register nominations letter for SOI and Marquette School. Attended HPC meeting and Strategic Planning Committee meeting that followed. 19 March 7:30 am Rotary Board Meeting. 8:30 Meeting with Pam Myers, Liz Maradik, Lory Timmer of Community Investment with Brian Haygood of Code and Shubhada Kambli new Director of Code along with attorney, Ann Carol Nash to discuss HPC's role in the 1000 houses in 1000 days. Brian Haygood indicated that deconstruction would be an option in the next batch on the demolition list; and that he had been in contact with Habitat for Humanity and their crews of volunteers to do just that. New forms were to be developed and HPC would note on listings structures rated Contributing and higher from the 2005 survey. City still operates within the confines of the Unsafe Building Act. HPC Meeting follow up with address to send letters of support for Marquette's NR nomination. Elicia and I met with Marilyn Thompson, Northern Indiana Center for History to discuss the $2,500.00 grant for the Heritage Tours. Researched files for our copies of Community Investment's missing 106 Reviews. g - gn . . ..... a ._ City n �,. t .. t?' �.. _ Ro r- �oners with 20 March S' ed . _ and submitted HPC . & Ci contract to Coun Commissi �. ' memo.denoting Public Works' deadline: City landmark mailing to Mail om. Someone from Ashton Construction came in about 1201 E. Wayne and the enclosure to the rear of the house that the homeowner submitted on 14 March. Inconvenienced because of the meeting and some corrections to the change order that Staff pointed out. Sent out e-mail to people interested in Marquette school with the support letter information and hearing date. Worked out a route for Legends of Notre Dame tour. Cynthia from I AM called; she is selling the commercial building on Portage and wanted to make the new owner restore the front of the building. Reminded her that he would still need a COA. Steve called in about a casual meeting with Michael Weathers of Habitat who would like to set up a meeting after Dyngus Day. 21 March Letter to Ashton Construction reminding Contractor of deadline for meeting and the need for the information and clarifications to be on the 15 April Agenda. Met with Interns. Participated in Code Haring for Portage Apartments with Steve from Mag Mile; supported the request for renovation rather than demolition. 22 March + :'Sick Day for Medical Test 25 March Luncheon with Shubhada Kambli, the new Director of Code for South Bend. Very interested in preservation and appears to be willing to work with us. 26 March Meeting with John Wiltrout at North Pumping Station about scope of Community Volunteer work in Leeper Park around the Station. Meeting with Chris Murphy, Greg Kil and Andrew Schnabel about the 50' Anniversary of the Ella Morris Conservatory. Attended the Notre Dame Center for Latino Arts and Culture dedication and reception at 5:00. AGREEMENT FOR PROGRAMS AND SERVICES (HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY) THIS AGREEMENT (the or this "Agreement ") is made effective the _ day of , 2012, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (collectively the "City"), ST. JOSEPH COUNTY (the "County") and HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY (the "Organization "). RECITALS WHEREAS, the City and St. Joseph County, Indiana (the "County") have entered to an agreement providing for the establishment of the HPC, as evidenced by the adoption of substantially similar ordinances, which for the City was Ordinance No. 5565- 73, as amended, adopted by the South Bend Common Council (the "Agreement "); and WHEREAS, in addition to the Agreement, the City is empowered under the authority of Ordinance No. 9746 -07 adopted by the South Bend Common Council, the legislative body of the City, pursuant to Indiana Code § 36- 1- 3- 6(b)(1) to enter into this Agreement, and under Indiana Code § 36- 10 -2 -4 to aid historical programs; and WHEREAS, HPC is a governmental organization created by the Agreement and is a division of the County for accounting purposes, whose mission is to survey, identify, plan for, advise and recommend to the South Bend Common Council and the Area Plan Commission of the County concerning the establishment of historic preservation districts and historic landmarks; and WHEREAS, the City desires to provide for certain services and programs to be provided to the residents of the City, which services and programs are more particularly described at Exhibit A (the "Program "); and WHEREAS, the Organization is duly qualified to provide for, oversee and administer the Program; and WHEREAS, the City has appropriated funds for the Program in the amount of Twenty -five Thousand and 00 /100 Dollars ($25,000.00) (the "Contract Amount ") as required by Indiana Code § 5- 22 -17 -3 and the Contract Amount does not exceed such appropriation; and WHEREAS, the City believes that the actions contemplated by this Agreement are in the best interests of the health, safety and welfare of the City and its residents and that such actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and the Organization hereby agree as follows: 1. Contract Amount and Term. The Organization shall provide the programs and services set forth at Exhibit A (the "Program ") to the residents of the City, on behalf of the City, for the Contract Amount for the period commencing January 1, 2013 and ending December 31, 2013. The approved schedule for the Program is set forth at Exhibit B. 2. Program Budget and Budget Modification. The approved Program Budget is set forth at Exhibit C hereto (the "Budget "), which exhibit is hereby incorporated herein by reference. The Organization shall not seek from the City more than the Contract Amount for any expenses related to the Program or otherwise. The Organization shall only use the Contract Amount to implement the Program or provide the services in conformance with the Budget and for no other purpose. 3. Compensation for Program. All payments shall be made quarterly (on or approximately near March 1, June 1, September 1 and December 1) for expenses incurred during that quarter provided that the Organization provide sufficient evidence to the Contract Administrator (as defined herein) for such expenses including, but not limited to, a budget expenditure report detailing disbursements and expenditures of the Contract Amount by the line items set forth in the Program Budget. The quarterly payments shall be paid in equal amounts unless the Contract Administrator determines that the Organization is materially failing to complete the Program in accordance with the Program Schedule, in which case the City shall only be obligated to pay the applicable portion of the Contract Amount substantiated by reliable evidence submitted by the Organization. 4. Design and Implementation of Program. To the extent not set forth in Exhibit A. Exhibit B and Exhibit C, the Organization shall be solely responsible for the design and implementation of the Program, unless specifically directed otherwise by the City, the City's Internal Auditor (as defined herein), or the Director of the Division of Community Development or any person appointed by said Director or the City to administer this Agreement (the "Contract Administrator "). The Program and this Agreement must be performed and administered in accordance with all applicable federal, state and local laws. The Organization shall use the Contract Amount only for activities related to the Program. S. Termination of Agreement. 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. Effective thirty (30) days after delivery of a written termination notice, the City may terminate this Agreement, in whole N or in part, for any reason, if the City determines that such termination is in the best interest of the City. The Organization shall be compensated for completion of the Program properly done prior to the effective date of termination. The City will not be liable for work on the Program performed after the effective date of termination. In no case shall total payment made to the Organization exceed the original Contract Amount. 6. Remedies for Breach of Contract. Failure to complete the Program in accordance with this Agreement may be considered a material breach, and shall entitle the City to impose sanctions against the Organization including, but not limited to, suspension of all payments, and/or suspension of the Organization's involvement in the Program, on behalf of the City. The Organization shall repay any portion of the Contract Amount expended for matters not within the scope of the Program or the Budget. 7. Maintenance of Records. Access to Records. The Organization shall keep a written record, in a form acceptable to the City, related to the use and expenditure of the Contract Amount. Within thirty (30) days of the expiration or termination of this Agreement, the Organization shall provide the City with a final accounting of the use and disposition of the Contract Amount by the Organization. Unless otherwise authorized by the City or required by law, such records shall be maintained by the Organization for a period of four (4) years of the date of this Agreement. The Organization understands and agrees to comply with the legal requirements of Indiana Code § 5- 14-3 -1 et. seq. (commonly known as Indiana's Access to Public Records Act), if applicable, with respect to all documentation related to the Contract Amount. 8. Audit Requirements. The Organization agrees to make all information available to the Indiana State Board of Accounts, the City's Internal Auditor, and the Contract Administrator as requested to comply with any audit requested related to the receipt and use of the Contract Amount and the Organization's performance in delivering the Program in accordance with the provisions of this Agreement. If requested by the City or the Contract Administrator, the Organization shall provide the City a progress report on the Program. If requested by the City or the City's Internal Auditor, the Organization shall arrange for a financial and compliance audit of the Contract Amount to be conducted by an independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts) and in accordance with applicable Indiana State Board of Accounts standards. The City's Internal Auditor shall mean the City Controller or Acting City Controller appointed pursuant to Indiana Code § 364-9-6 (the "City Controller ") or any person appointed or retained by the City Controller or the City for the purpose of auditing the Organization for this Agreement or other agreements of the City. 9. Conflicts oflnterest. The Organization hereby certifies and agrees that no member, officer, or employee of the City, or its designees or agents, and no member of the governing body of the City of South Bend or the Organization (and no one with whom there is a family or business tie) who exercises any functions or responsibilities with respect to the receipt and use of the City during his or her tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the 3 Program. To the extent the Program involves the awarding of a contract or grant, the Organization shall not award the same to a person or entity that creates a conflict of interest described in Indiana Code § 5- 16- 11 -5.5. 10. Relationship. Reserved 11. 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 Organization, as the case may be, at the address set forth below. Organization: Catherine Hostetler, Director Historic Preservation Commission 125 South Lafayette Blvd South Bend, Indiana 46601 City Pamela C. Meyer, Director Division of Neighborhood engagement City of South Bend, Indiana 227 W. Jefferson Boulevard, Suite 1200 South Bend, IN 46601 -1830 12. Equal Onportunitv. The Organization shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. 13. Entire Agreement and Amendment. 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, approved by both the Organization and the City. 14. Additional Representations. The undersigned persons executing and delivering this Agreement on behalf of the Organization represent and certify that they are the duly authorized officers of the Organization and have been fully empowered to execute and deliver this Agreement and that all necessary corporate action has been taken and done. IS. Non - Collusion and Acceptance. The undersigned attests, subject to the penalties of perjury, that he /she is the properly authorized representative, agent, member or officer of the Organization and that he /she has not, nor has any other member, employee, representative, agent or officer of the Organization, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she 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 hereof. 16 E- Verifv. The Organization does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Organization subsequently learns is an unauthorized alien. The Organization agrees that he /she /it shall enroll in and verify the work eligibility status of all of the Organization's newly hired 4 employees through the E -Verify Program as defined by I.C. 22- 5- 1.7 -3. The Organization 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 Organization 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 Organization fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. (Signature page follows) IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Date: , 2013 Date: HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY Gary A. Gllot Signature Donald E. Inks Kathryn E. Roos Printed Name and Title ST. JOSEPH COUNTY COMMISSIONERS Signature Michael C. Mecham Printed Name and "Title Mark W. Neal ATTEST , 2013 Linda M. Martin EXHIBIT A Program Description The Organization shall provide the following services and programs: 1. Continue the compilation and refinement of survey data, for properties located in the City of South Bend, into the Survey data base, including the National and Indiana Registers of Historic Registers of Historic Places, for planning relative to the Section 106 Review process. 2. Educate property owners, government agencies and the general public about historic preservation. 3. Conduct local historic review of federally funded projects in accordance with Federal and State policies for the City of South Bend. EXHIBIT B Program Schedule Continue the compilation and refinement of survey data, for properties located in the City of South Bend, into the Survey data base, including the National and Indiana Registers of Historic Registers of Historic Places, for planning relative to the Section 106 Review process -- (January 1 through December 31, 2013) 2. Educate property owners, government agencies and the general public about historic preservation — (January 1 through December 31, 2013) 3. Conduct local historic review of federally funded projects in accordance with Federal and State policies for the City of South Bend — (January 1 through December 31, 2013). EXHIBIT C Program Budget Total Contract Amount is $25,000.00. $25,000 is depending upon need of services for items 1, 2 and 3 of the Program Description and Schedule. Costs for each individual portion of the Program may vary. This Agreement consolidates and packages items 1, 2, and 3 within the Program. The Organization agrees to complete the entire Program for the total Contract Amount, plus any other funds agreed to be provided to the Organization under another agreement. APPENDIX I When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. NON - COLLUSION, NON - DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY VERIFICATION AND NON - DISCRIMINATION COMMITMENT, STATE OF INDIANA ) ) 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 include 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. 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 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 4. 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; and i 5. Contractor shall not discriminate against 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, handicap, national origin or ancestry. Breach of this provision may be regarded as a material breach of the contract. 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 , 20_ My Commission Expires . Notary Public County of Residence