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HomeMy WebLinkAboutRescind and Restated Amended Community Tree Nursery Collaboration Agreement - Language Being Removed from Section 4. CCI Memorandum February 1, 2022 TO: Board of Public Works FROM: Andrew Netter, Department of Community Investment SUBJECT: Rescind and Restate Amended Native Tree Nursery Agreement On December 14, 2021, the Board of Public Works (BPW) approved restated its approval for the temporary use of City property by Venues, Parks, and Arts (VPA) and the Center for Civic Innovation (CCI), in increments of 5 years, for establishment of native tree nurseries. Following this approval by BPW, CCI requested an amendment to the agreement language. The following section was amended with the struck through text being removed: Section 4. CCI Duties. CCI shall provide ongoing volunteer services to VPA to assist with the establishment of the distributed urban native tree nurseries on the Properties. Further, CCI shall use its best efforts to provide VPA with financial support to offset the ongoing maintenance fees associated with the distributed urban native tree nurseries. The City is requesting the BPW rescind their approval of the previous restatement of the Native Tree Nursery Collaboration Agreement and approve the Amended and Restated Agreement before BPW at the February 8, 2022 meeting. COMMUNITY TREE NURSERY COLLABORATION AMENDED AND RESTATED AGREEMENT THIS COMMUNITY TREE NURSERY COLLABORATION AMENDED AND RESTATED AGREEMENT ("Agreement") is made effective this day of 2021 (the “Effective Date”) by and between the City of South Bend, Indiana Venues, Parks, and Arts Department (“VPA”), acting through its Board of Park Commissioners (“Parks Board”); the Center for Civic Innovation, associated with the University of Notre Dame du Lac (“CCI”); South Bend Redevelopment Commission (“Redevelopment Commission”); and the City of South Bend, Indiana, acting by and through its Board of Public Works ("Public Works"). RECITALS WHEREAS, The parties originally established a dispersed urban native tree nursery program in April of 2017 as positive repurposing of specifically listed vacant lots owned by the City. The parties now desire to amend and restate the Agreement to the add additional lots to the program, incorporate additional City partners, and affirm ownership of the trees. For ease of administration, a schedule of the program properties (the “Properties”) is hereby incorporated by reference and attachment to the Agreement (Exhibit A); and WHEREAS, Public Works and Redevelopment Commission, on behalf of the City of South Bend ("City"), each own some of the Properties; and WHEREAS, Public Works and Redevelopment Commission each desire to let VPA utilize their respective Properties as prototypes of positive adaptive repurposing of vacant lots as urban neighborhood innovation as distributed urban native tree nurseries; and WHEREAS, CCI desires to provide ongoing volunteer services to the Properties to help create and maintain the planned pilot distributed urban native tree nurseries on the Properties; and WHEREAS, the parties desire to memorialize the terms of their agreement herein. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties hereby agree as follows: Section 1. Public Works Duties. Public Works agree to grant VPA and CCI access to its Properties for the planting of distributed urban native tree nurseries. Section 2. Redevelopment Commission Duties. Redevelopment Commission agrees to grant VPA and CCI access to its Properties for the planting of distributed urban native tree nurseries. Section 3. VPA Duties. VPA agrees to plant and provide ongoing maintenance and care to the distributed urban native tree nurseries described herein. VPA shall assume all expenses related to such ongoing maintenance, including any fees as set forth in the Municipal Code of the City of South Bend, Indiana Section 17-79 et al. related to water fees. VPA owns all the trees planted in the native tree nurseries and has the right to transplant any mature trees to other City locations, in its sole discretion. 27 January, 2022 /2 Section 4. CCI Duties. CCI shall provide ongoing volunteer services to VPA to assist with the establishment of the distributed urban native tree nurseries on the Properties. Section 5. Term. The Properties shall be subject to the terms of this Agreement until the expiry dates set forth in their respective schedules as set forth on Exhibit A. The parties may agree to extend the applicability of this Agreement to the Properties contained in any schedule by a signed written amendment to this Agreement for up to three (3) additional five (5)-year periods from the date of termination for that schedule. This Agreement shall terminate on a date that is five (5) years from the Effective Date or upon the expiration date of the last renewal, whichever is later. a. Access to Properties listed under Schedule I of Exhibit A will terminate on April 11, 2027. b.Access to Properties listed under Schedule II of Exhibit A will terminate on July 24, 2023. c. Access to Properties listed under Schedule III of Exhibit A will terminate on August 19, 2024. d.Access to Properties listed under Schedule IV of Exhibit A will terminate on December 14, 2026. Section 6. Assignment; Subcontractors. The parties shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the other parties. Section 7. Changes in Scope of Services. The parties understand and agree that the scope of services delineated in this Agreement are limited to the Properties and the establishment of a tree nursery. Any changes thereto must be authorized in writing by all parties hereto. Section 8. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The parties hereto agree to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Section 9. Relationship/Independent Contractor. All parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of any other party for any purpose whatsoever. Section 10. Indemnification. CCI agrees to defend, indemnify and hold the City, including VPA, Public Works, and Redevelopment Commission, and their respective officers, agents, directors, and employees harmless from any and all claims arising from or related to the volunteer work performed or managed by CCI and performed on the Properties. In addition, CCI will maintain commercial general liability insurance coverage in the minimum amount of at least $1,000,000 per occurrence and will designate the City, including VPA, Public Works, and Redevelopment Commission, as additional insureds under any such policy of insurance. This provision shall survive the termination of this Agreement. Section 11. Waiver. One or more waivers of any condition herein shall not be construed as a waiver of a subsequent breach of the same condition. Section 12. Authority. Each undersigned person signing on behalf of his/her respective party certifies that he/she is duly authorized to bind his/her respective party to the terms of this Agreement. Section 13. Entire Agreement. 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. ****SIGNATURE PAGE FOLLOWS**** IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have caused this Community Tree Nursery Collaboration Amended and Restated Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. CENTER FOR CIVIC INNOVATION: Signature Name Printed Title Date BOARD OF PARK COMMISIONERS: Mark Neal, President Consuela Hopkins, Vice President Aimee Bucellato, Member Dan Farrell, Member ATTEST: Amy Roush, Clerk Date Approved REDEVELOPMENT COMMISSION OF SOUTH BEND: Marcia Jones, President Troy Warner, Secretary Date Approved 1.27.2022 February 8, 2022 EXHIBIT A. SCHEDULE OF PARCELS Schedule I (Coverage under this Agreement Terminates on April 11, 2027) Address Parcel No. Legal Desc. 625 East Dayton St. 018-7029-1141 LOT 93 HENRY STUDEBAKERS 2ND 1414 High St. 018-7010-0415 LOT 101 WENGER & KRIEGHBAUM 2ND ADD Vacant lot east of 1414 High St. 018-7012-0473 LOT 100 WENGER & KRIEGHBAUM 2ND ADD Schedule II (Coverage under this Agreement Terminates on July 24, 2023) Address Parcel No. Legal Desc. 529 N. Allen St. 018-1035-1524 LOT 25 J N LEDERERS ADD 525 N. Allen St. 018-1035-1523 LOT 24 J N LEDERERS ADD 521 N. Allen St. 018-1035-1522 LOT 23 LEDERERS SUB OF OUTLOT A Schedule III (Coverage under this Agreement Terminates on August 19, 2024) Address Parcel No. Legal Desc. 435 N. Allen St. 018-1032-1400 LOTS 29 & 30 34.8 FT N END BIRNER PLACE ADD 431 N. Allen St. 018-1032-1401 LOTS 29 & 30 34.8 FT MID PT BIRNER PLACE ADD 429 N. Allen St. 018-1032-1402 LOTS 29 & 30 34.8 FT SLY END BIRNER PLACE ADD 442 S. Brookfield St. 018-4013-0449 LOT 123 SUMMIT PL 2ND ADD 516 N. Allen St. 018-1035-1534 LOT 16 J N LEDERERS ADD 520 N. Allen St. 018-1035-1533 LOT 15 J N LEDERERS ADD 606 N. Blaine Ave. 018-1035-1513 LOT 29 W 1/2 J N LEDERERS ADDITION 608 N. Blaine Ave. 018-1035-1514 LOT 29 E 1/2 J N LEDERER 1110 W. Harvey St. 018-1032-1399 LOT 28 BIRNER PL ADD 1117 W. Harvey St. 018-1032-1387 LOT 15 BIRNER PLACE 1121 W. Harvey St. 018-1032-1386 LOT 16 BIRNER PL ADD Schedule III (Coverage under this Agreement Terminates on December 14, 2026) Address Parcel No. Legal Desc. 401 Allen St. 018-1033-1441 Lot 51 Birner Place Add 610 Euclid Ave. 018-1037-1621 Lot 12 Orchard Hts 1st 614 Euclid Ave. 018-1037-1620 Lot 11 Orchard Heights 1st 618 Euclid Ave. 018-1037-1619 Lot 10 Orchard Hts 1st Add 622 Euclid Ave. 018-1037-1618 Lot 9 Orchard Hts 1st 1102 Birner St. 018-1033-1440 Lot 50 Birner Place Add. 1231 W. Colfax Ave. 018-1044-1882 Lot 82 Comm Sub Of Bol 79 1235 W. Colfax Ave. 018-1044-1881 Lot 83 Commissioner's Sub Of Bol 79 1237 W. Colfax Ave. 018-1044-1880 Lot 84 Comm Sub Of Bol 79 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/1/2022 Name Andrew Netter Department DCI BPW Date 02/08/2022 Phone Extension 5931 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Sandra Kennedy Purchasing Check the Appropriate Item Type – Required for 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 Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Rescind and Restate Agreement Ease./Encroach Required Information Company or Vendor Name Venue’s Park Art, Center for Civic Innovation, Redevelopment Commission New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Native Tree Nursery Agreement Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Temporary use of City property for establishment of native tree nursery. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: