HomeMy WebLinkAbout6.B.(15) Resolution No. 2516!\
RESOLUTION NU. 2516
RESOLUTION OF THE SOUTH BEND REDEVELOPMENTf
COMMISSION APPROVING AND ACTHORIZING THE EXECUTION
OF AN AGENCY AGREEMEN"h BY AND BETWEEN THE SOU'CH BEND
REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE
CENTCRY CENTER /SCULPTURE GARDEN PROJECT
WHEREAS. the South Bend Department of Redevelopment, acting by and through its
Redevelopment Commission (the "Commission") is the lease holder ofthe Century Center located in
the City of South fiend. Indiana (the "Propcrt}~~): and
WHEREAS, as part of its redevelopment projects, the Commission intends to construct a
..Sculpture Garden on the Propert~~ (the "Projecf~): and
WHEREAS. the South l3end Board of Public ~%orks (the "BPW") and the Commission
desire to enter into an a~~ency a~zrcement ~~herein the l3PW shall act as the Commissions a~~cnt with
respect to the Project, a copy of said Agency Agreement is attached hereto and incorporated herein as
~~~h~i,~r «s„
NOW, THERF,P'ORE, 6E IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Agency Agreement and hereby
authorizes its execution in substantially the term attached hereto as Exhibit "A" with such changes
as the Commission may deem ncccssa~y or appropriate upon the advice of counsel, said execution
thereof to he conclusi~-e evidence of the Commissions appro~~al 01~ such chan~~es. The Clerk is
hereby directed to file a copy of the Agency Agreement ~~°ith the BPW.
Section ?. This Resolution shall be in full lorce and eftcct after its adoption by the
Commission.
ADOPTED at a mec;ting of the South Bend Redc~clopment Commission held on October 17,
?008, at 10:00 a.m.. in Room 1 X08. County-City Building. South Bcnd, Indiana 46601:
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
s<<:~,~u~~~~~~
Pi~i~urJ Aanir Enid lids
South Bend Rede~clopment Conunissio^
ATTEST:
Priund \amr mid lillr
South Bcnd Rede~~elopment Commission
RESOLUTION NO.
RESOLUTION OF THE C[TY OF SOUTH BEND, INDIANA, BOARD OE
PUBLIC WORKS APPROVING AND AUTHORIZING THE EXECUTION
OF AN .AGENCY AGREE~'IEN"f BY AND BETWEEN THE SOUTIi BEND
REDEVELOPMEN"T COMMISSION AND TI[E C[TY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC ~~'ORKS RELATING TO T[IE
CENTCRY CENTER /SCULPTURE GARDEN PROJECT
~~'HEREAS, the South Bend Department of Redevelopment. acting by and through its
Redevelopment Commission (the "Commission~~) is the lease holder ofthe Century Center located in
the City of South Bcnd. Indiana (the "Property"): and
~b'HEREAS. as part of its redevelopment projects, the Commission intends to construct a
..Sculpture Garden" on the Propcrt~ (the'~Project"): and
WHEREAS, the South Bcnd Board of Public Works (the "BPW') and the Commission
desire to cater into an agency agreement ~yherein the BPW shall act as the Commissions agent with
respect to the Project, a copy of said Agency Agreement is attached hereto and incorporated herein as
Exhibit "A".
NO~i', TIiEREFORE, BE IT RESOLVED by the City of South Bcnd, Indiana. Board of
Public Works as follows:
Section I . ~fhc BPW hereby approves the Agency Agreement and hereby authorizes ils
execution in substantially the term attached hereto as Exhibit "A" ~~a~ith such chan~~es as the BPW
may deem necessary or appropriate upon the ad~~ice of counsel. said execution thereof to be
conclusive evidence of the BPW's appro~ al of such chan~~es. The Clerk is hereby directed to file a
copy of the Agency Agreement ~yith the Commission.
Section ?. This Resolution shall be in full t~~rce and effect after its adoption by the BPW.
ADOPTED at ~ meeting of the City of South Bcnd Board ot~ Public Works held on October
27. ?008. at 9: i0 a.m.. in Room 1308. County-City Building. South Bcnd, Indiana 46601.
CITY OF SOGTH BEND, INDIANA
BOARD OF PUBL[C V1'OKKS
Gar~° Gilot, President
John H. Nlurph}~
Don Inks
A"TTES"1':
Linda 1~7artin, Clerk
AGENCY AGREE~1ENT
This Agency Agreement, made and enter cd into as of the 17th day of October. ?008, by and
bet~a~cen the South Bend Department of Rede~~clopment, acting by and through its Rede~clopment
Commission (the ~-Conunission~~) and the City of South Bcnd_ Indiana. a municipal co~~x~ration duly
organized and existing pursuant to the la~~ s of the State of Indiana. acting by and through its Board
of Public Works (the °BPW") for purposes of the Conunissiou designating the f3P~~J to act as the
Commission's agent to undertake the construction of a °Sculpture Garden' (the "Project") located at
the Centwv Center leased by the Commission (the ~~Propcrty~~)
~~~1"TNESSETH:
WHEREAS, at a meeting on October 17. ?008, the Commission adopted its Resolution ~'o.
authorizing the BPW to act as its agent ~~~ith respect to the Project which is
located in the City of South Bend. Indiana: and
~~'HEREAS. at a meeting on October ?7. ?008. the BP~~% adopted its Resolution No.
appro~~ing and authorizing the etecution of an agency agreement ~~~ith
the Commission; and
~~'HEREAS. the Commission and the BP~~~ desire to enter into this Agency Agreement in
order to permit the completion of the Project pursuant to the terms and conditions contained herein;
and
WHEREAS. the BP~k' desires to act as the agent of the Commission for the purposes set
t~,rth herein.
NO~~', THGR[?[~ORE, in consideration of the mutual co~~enants and promises contained
herein, and t~~r other good and ~aluablc consideration, the receipt of which is hereby ackno~~~ledged.
the BPW and the Commission agree as iollo~~~s:
1. l~he Commission hereby empo~~~ers and appoints the BPW to act as the Commissions
a~~ent for the limited purpose of contracting for the completion of the Project on the Property. the
scope of said acti~itics being more specifically described at Exhibit A attached hereto and
incorporated herein. The BPW shall select the contractors and sub-conU actors. i f any needed, and to
enter into contracts for the Projects, all on behalf of the Commission.
2. This limited Agency Agreement shall immediately terminate upon breach by the
Commission or the BPW of this Agency Agreement or any other agreement between the
Commission and the BPW or upo^ notice at least se~~en (7) days in ad~~ance of the date of
termination of this agency. The authority and appointment herein contained is limited to the total
cost for the Project. not to exceed Onc Million Dollars (S 1.000,000.00) as established by the a~~~ard
of contracts by BPW to complete the Project pursuant to this Agency Agreement.
3. BPW hereby accepts the appointment as agent of the Commission as described in
Paragraph I of this Agency Agreement.
4. BPW shall a~rard such contracts as arc necessary to complete the Project in
accordance ~~ith Ind. Code ~ti 36-1-1?, c~t .~~ec/.. and shall execute all contracts pursuant to said
chapter on behalf of the Commission.
5. BPW. in [he bidding of the conU~acts pursuant to said chapter, shall adopt
spccitiruions pertaining to the ~~ ork to be pertbrmed, the timetable for the performance ofthe ~~~ork.
require pcrtbrmanec. payment and maintenance bonds as necessary or desirable. and such other
matters as muv be required by statute and~or the prey ailing conditions in the South Bend community
for public ~~~ork. pro~•ided such conditions, specifications, and matters arc in accordance ~~~ith the
requirements ofthe Commission and all supplements and amendments thereto. The BPW may make
such modifications and amendments as may be required l~~r the completion ofthc Project consistc;nt
~~~ith the o~~crafl requirements set and appro~~cd by the Commission, and may adopt such special
conditions as may be required in its opinion to satistacuu~ily complete the Project pro~~ided that such
modifications, amendments or special conditions do not alter the character ofthe Project or reduce
the value thereof.
6. The Commission hereby empo~~~a~s the BPW to assume full responsibility fir
obtainin~~ all necessary licenses, inspections. zoning appro~~als and permits and t<~r performing any
and all acts necessary to comply ~~~ith the applicable statutory and regulatory requirements regarding
the completion of the Project.
Z The sole responsibility for completing the Project steal I be that of d~c BPW. ~~°hich has
the sole responsibility to deal ~~~ith contractors and subcontractors in the completion of the Project.
The BPW shall ensure that all components of the Project are properly im~oiccd to and titled in the
Commission prior to the commencement of the Project.
8. The BPW shall ha~~e sole responsibility to inspect. on behalf of the Commission.. all
aspects of the Project although the Commission reser~~es the right. at anv time, to conduct such
indcpaldent inspections as it deems appropriate. Ifanv component ofthe Project is not completed in
accordance ~~~ith specifications rn is unsatisfactory tix anv reason. the BPW_ during the ta-m of this
A<__>ency Agreement. shall make any and all claims on account thereofsolelyagainst the responsible
contractor or sub-conUactor.
9. The Commission hereby assigns to the BPW, during the term of this A~~ency
A~~reement, all its rights and benefits pursuant to any ~~~arranties. duties or obligations of any
manufacturer, wholesaler, retailer.. installer. contractor. or subcontractor who proeides any labor or
materials t<~r or in any of the components of the Project.
]0. The BPW. o^ behalf of the Commission, shall be responsible t~~r processing all
contractor claims for payment, consistent with its standard procedures.
1 1 . The parties ackno~~~led~~c that it is the responsibility of the Commission to cant'. or
cause others to carry. all risk insurance including bodily injury and property damage insurance and
the BPW shall have no responsibility to obtain such insurance coverage.
12. The BPW shall accept each of the completed components of the Project on behalf of
the Commission.
1 ~. The terms and conditions of the Agency Agreement shall inure to the benefit of and
bind the respectiae parties hereto and their successors in interest and assigns, and no portion of the
Agency /A~n~ecmcnt may be assigned by any party ~~~ithout the prior ~~~ritten consent of the other party.
14. The agency provisions herein contained apply only as stated and shall not be deemed
to create any partnership, joint ~ enture or other- enterprise of any type or natm~e between the South
Bend Redevelopment Commission and the South Bend Board of Public Works.
1 j. No amendment modification or alteration of the terms of this Agency Agreement
shall be binding unless duly executed by the parties hereto in writing, dated subsequent to the date
hereof.
1'.V '1~'1'h~~GSS ~~'HEREOE. the undersigned execute this Agency Agreement to be ettecti~~c
as of the date tirst written abo~~e.
C1TY OF SOL'I~H BEND,
DEPARTn~IENT OF REDEVELOPn1ENT
Marcia 1. Jones, President
South Bend Redevelopment Conunission
ATTEST:
Gre~or~~ S. Downes, Secretary
South Bend Redevelopment Commission
CITY OF SOCTH BEND, 11SDIANA
BOARD OE PUBLIC ~~~ORKS
Gar~~ Gilot, President
John H. Murph~~
Don Inks
ATTES'h:
Linda Martin, Clerk