HomeMy WebLinkAbout2014a
CITY OF SOUTH BEND, ST. JOSEPH COUNTY AND THE HPC
DECEMBER 31, 20 1 4
106 REVIEWS:
2002
86
2003
94
2004
115
2005
249
2006
99
2007
227
2008
192
2009
393
2010
497
2011
273
2012
207
2013
356
2014
509
CITY OF SOUTH BEND
CERTIFICATE OF APPROPRIATENESS:
1i
6
10
30
16
7
2
4
3
ST. JOSEPH COUNTY
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
2014
97
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:
2 IN CITY OF SOUTH BEND 0 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
2014 FEES COLLECTED
COA $1,770.00
SURVEY BOOKS $210.00
HPC NUTS/
WINDOWS $40.00
POSTCARDS $273.25
TOURS $1,515.25
DONATIONS $100.00
1316 COUNTY -CITY BUILDING
227 W JEFFERSON BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
April 8, 2014
Catherine D. Hostetler, Director
Historic Preservation Commission
125 South Lafayette Blvd
South Bend, Indiana 46601
PHONE 574/ 235 -9251
FAx 574/235 -9171
RE: Agreement — Annual Support for Surveying, Data Collection, Education and Review of
Federally Funded Projects
Dear Ms. Hostetler:
The Board of Public Works, at its meeting held on April 8, 2014 approved the above
referenced agreement in the amount of $25,000.00.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574)
235 -9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c:
Lory Timmer, Community Investment
Larry Meteiver, Legal
GARY A. GILOT DAVID P RELOS KATHRYN E. RODS PATRICK M. HENTHORN BRIAN J. PAWLOWSKI
REcF/vED M
4e eo �4
AGREEMENT FOR PROGRAMS AND SERVICES
(HISTORIC PRESERVATION COMMISSION OF SOUTH BEND
AND ST. JOSEPH COUNTY)
THIS REEMENT (the or this "Agreement ") is made effective the /.
day of , 2014, by and between the CITY OF SOUTH BEND,
INDIANA , =Mci 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, 2014 and
ending December 31, 2014. 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
2
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
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. j 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 Reauirements. 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
3
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
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. 1 J
Organization:
Catherine Hostetler, Director
Historic Preservation Commission
125 South Lafayette Blvd
South Bend, Indiana 46601
City
Pamela C. Meyer, Director
Neighborhood Engagement
City of South Bend, Indiana
227 W. Jefferson Boulevard, Suite 1400
South Bend, IN 46601 -1830
12. Epual 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 A -areement 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- Verify. The Organization does not'knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the Organization
4
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
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)
l
5
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
HISTORIC PRESERVATION
COMMISSION OF SOUTH BEND
AND ST. JOSEPH COUNTY
Date: , 2014 Date: 025 2014
Gary A. 61
I '+�- A4 -
DaviV. Relos
S a�
Signature
Printed Name and T itte
ST. JOSEPH COUNTY
COMMISSIONERS
Patrick Henthorn
Me
ATTEST
q nda M. Martin
S 11
Printed Name and I itte
Dave Thomas, ',ber
Marsha M 1 re
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, 2014)
2. Educate property owners, government agencies and the general public
about historic preservation — (January 1 through December 31, 2014)
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, 2014).
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.
CONTRACTOR'S CERTIFICATION REGARDING INVESTMENT WITH IRAN, NON -
DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-
DISCRIMINATION COMMITMENT FOR CONTRACTORS
Please type or print
STATE OF )
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 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
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.
` 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
1 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
F- Certification Iran Investment, ENcrify, Diversityjuly 2012.doc
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.
5. 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, 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 fmding 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.
6. 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.
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 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 on this project if awarded. I understand that violations
hereunder may result in forfeiture of contractual payments.
F- Certification Iran Investment, ENcrify, Diversity_July 2012.doe
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 12th day of March, 2014
St. Josep County Board of Comini G sioners
Contractor/Bidder (Firm)
Sig ture of Contra torBi der or Its Agent
Marsha G. McClure., Vice President
Printed Name and Title
Subscribed and sworn to before me this ,La ! ' day of Aarr k 201 q
L
My Commission Expires 5 'o����J % '-- •
Notary Public
County of Residence>< • l �� lv
:. v. Commission _Expires: 5 -21 -15
A mihnt of St. lassph Coonty, Indiana
1e; Francisco C. Fotia, Notary Public
F- Certification Iran Investment, E- Verify, Diversiry_July 2012.doc
Historic Preservation Commission
President's Report — December 15 2014
• 12/04/2014: Contacted Elicia to inform staff that the Cutter Lamppost (SE corner
Lamonte Terrace & Park Avenue) was reinstalled — finally. Looks great!
• 12/03/2014: Meeting with Staff. Discussed Code Enforcement prospects and
spring programming possibilities, tool crib equipment and new partnership with
North Liberty tooling supplier.
• 11/17/2014 7:OOP: HPC Monthly Meeting (Rm 1308).
Historic Preservation Commission
President's Report — November 17 th , 2014
• 10/20/2014 7:OOP: HPC Monthly Meeting (Rm 1308).
• 11/11/2014: 417 West Navarre SB. Observed severe chimney deterioration along
vertical mortar seam. Contacted staff.
• 11/17/2014: Received Letter of Resignation from Commissioner Steinhauer by
email. Excerpt follows:
"... Because of my new position, which keeps me in Grand Rapids Monday thru
Thursday each week, I must resign my position as the Architectural Historian and
Secretary of the HPC Boards of Commissioners, effective immediately.
I'd like to thank you all for allowing me to serve with you for the past several
years and wish the HPC and all of you the best of luck.
Have a great Holiday season!"
• 11/17/2014: 417 West Navarre SB. Follow -up. Sent photograph of chimney
deterioration to staff. Staff forwarded to Code Enforcement Interim Director.
Historic Preservation Commission
President's Report — June 16 2014
• 05/23/2014: Staff meeting. Signed'Intern Resolutions adopted May 19, 2014.
• 05/19/2014: HPC Monthly Meeting (Rm 1308) Absent due to conflict.
• 05/01/2014 5P: Kizer House. Southhold Preservation Awards Ceremony. Present
"Special Recognition Award" to Mr. Wayne Doolittle.
• 04/28/2014: Staff meeting to discuss RSVP attendance for Southhold Preservation
Awards ceremony.
• 04/21/2013 7:OOP: HPC Monthly Meeting (Rm 1308).
2014 Historic Preservation Commission Meeting Schedule
MEETING
DATE COA APPLICATIONS DUE
January 27 January 13
February 24 February 10
March 17 March 3
April 21 April 7
May 19 May 5
June 16 June 2
July 21 July 7
August 18 August 4
September 15 September 2
October 20 October 6
November 17 November 3
December 15 December 1