HomeMy WebLinkAbout08-11-14 Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, AUGUST 11, 2014
1. INVOCATION - CHAPLAIN DAVID PORTERFIELD
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
7:00 P.M.
14 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND
HONORING 3- YEAR -OLD ALEXIS LANGLEY FOR HER HEROIC
ACTIONS DURING A MEDICAL EMERGENCY
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE
CHIEF OF STAFF KATHRYN ROOS
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
34 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT SOUTHEAST
CORNER OF MEADOW AND LOMBARDY 64+ OR - ACRE SITE,
COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH
BEND, INDIANA
41 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL
SERVICE FEES
8. BILLS, THIRD READING
RTT,T NO.
TIME:
33 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND
INDIANA, AND AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED IN PENN TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT 5 DELDORA LLC
17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN
46544
34 -14 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT SOUTHEAST
CORNER OF MEADOW AND LOMBARDY 64+ OR - ACRE SITE,
COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH
BEND, INDIANA
41 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE /MEDICAL
SERVICE FEES
9. RESOLUTIONS
BILL NO.
14 -73 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL
AGREEMENT FOR THE ELIMINATION, REORGANIZATION,
AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING
POINTS IN ST. JOSEPH COUNTY, INDIANA, AND ALL
MATTERS RELATED THERETO
14 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND RECOMMENDING THAT PERSONNEL POLICIES
AND PROCEDURES BE DEVELOPED FOR ALL CITY OF SOUTH
BEND ELECTED OFFICIALS- THE MAYOR, THE CITY CLERK
AND THE COMMON COUNCIL -- WHICH REFLECT BEST
PRACTICES
14 -76 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ACCEPTING THE ADVISORY
RECOMMENDATION OF THE BOARD OF PUBLIC WORKS,
RATIFYING, CONFIRMING AND APPROVING CERTAIN
ACTIONS AND APPROVING THE EXECUTION OF A PROJECT
DEVELOPMENT AGREEMENT WITH AMERESCO, INC. RELATED
TO A GUARANTEED ENERGY SAVINGS CONTRACT FOR
CENTURY CENTER
10. BILLS, FIRST READING
RTLL NO.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
,N
c„ St1G
v
C
RESOLUTION NO.
k)t LL NO,
EA
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
PUBLICLY COMMENDING AND HONORING 3- YEAR -OLD ALEXIS LANGLEY
FOR HER HEROIC ACTIONS DURING A MEDICAL EMERGENCY
Na the South Bend Common Council notes that in 1957, the National Association of Fire Chiefs
recommended that a single number be identified which would be used nationwide for reporting emergencies;
and
9%, the Common Council further notes that in 1968, 9 -1 -1 was designated as the national
emergency number in the United States to be used solely in emergency situations so that callers would be
linked directly to an emergency dispatch center, with Canada later converting to this 9 -1 -1 emergency system in
1972; and
Q( on Tuesday, July 8, 2014, Matt Langley of South Bend, fell down thirteen (13) steps to the
bottom of his home's staircase and became unconscious; with the only other person home at the time being his
little 3- year -old daughter, Alexis; and
6*A m 4 little Alexis "sprang into action" and ran to the bottom of the stairs and "then went to the living
room and grabbed the phone and dialed 9 -1 -1; and
6;W --d, firefighters and paramedics from South Bend Engine 5 and Medic 2 were dispatched to the
Langley home, where they then verbally coached little Alexis to unlock the front door which had three (3)
locks; after which her father was administered emergency care and then transported to a local hospital for
further treatment. _
9"w .D%%iareOm &&ftW&-4 6"o an` �wtdlafd�e "6 yeQ" Enid AA... ,V..
Section 1. The Common Council of the City of South Bend, Indiana, publicly honors little 3- year -old
ALEXIS LANGLEY for her prompt action in dialing 9 -1 -1 so that the South Bend Fire Department could
respond quickly to the medical emergency of her father.
Section H. The Common Council is proud to commend ALEXIS LANGLEY for recognizing that her
Daddy needed help, and in the words of her Dad:
"Alexis is one qfa kind. I'm not going to brag, I'm just going to .say my daughter
did the right things and for what she did, she's my hero..."
Section III. This Resolution shall be in full force and effect from and after its adoption by the Council
and approval by the Mayor.
Tim Scott, 1" District
Henry Davis, Jr., 2 District
Valerie Schey, 3 District
Dc Fred Ferlic,,V District
Dr. David A. Varner, 5' District
. Ic'-fA, L � Ji",,L,
John Voorde, City Clerk
Oliver J. Davis, 6 "District
Derek D. Dieter, At Large
Oavm Ferlic, At Large Council Member
Karen L. White, At Large Council Member
Kathleen Cekanski- Farrand, Council Attorney
Mark Neal, Deputy Mayor of South Bend, M
.t- 1
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF MEADOW AND LOMBARDY 64+ OR -
ACRE SITE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY IS CURRENTLY ZONED "LI," LIGHT INDUSTRIAL. THE BUYER (ANDREW
NEMETH PROPERTIES, LLC) SEEKS A "GI," GENERAL INDUSTRIAL ZONING. THE PURPOSE
OF THIS ZONING CHANGE IS TO ALLOW THE END USER, THE NELLO CORPORATION, INC.
THE APPROPRIATE ZONING FOR ITS INTENDED USE (HEAVY INDUSTRIAL AND
MANUFACTURING OF GALVANIZED TOWERS AND POLES) AS WELL AS OUTDOOR
STORAGE OF BOTH RAW MATERIAL AND FINISHED PRODUCTS.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known
as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is
amended in order that the zoning classification of the following described real estate in
the City of South Bend, St. Joseph County, State of Indiana:
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP
37 NORTH, RANGE 2 EAST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
WEST LINE OF SAID SECTION 16,1180 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 16; THENCE SOUTH ALONG SAID WEST LINE OF SECTION 16,1447 FEET MORE OR
LESS TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 16,
THENCE EAST ALONG THE EAST AND WEST LINE OF SAID SECTION 16, 1586.59 FEET,
MORE OR LESS TO THE NORTHWEST RIGHT -OF -WAY LINE OF THE GRAND TRUNK
WESTERN RAILROAD COMPANY; THENCE NORTHEASTERLY ALONG SAID RIGHT -OF-
WAY LINE, 446.9 FEET, MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE
EAST HALF OF SAID, NORTHWEST QUARTER OF SECTION 16,1135 FEET, MORE OR LESS,
THENCE EAST 4.6 FEET MORE OR LESS, TO THE SOUTHWEST CORNER OF LAND
CONVEYED TO PAUL A. MAVIS; THENCE NORTH ALONG SAID WEST LINE OF LAND
CONVEYED TO PAUL A. MAVIS 140 FEET TO THE SOUTHEAST CORNER OF THE
RECORDED PLAT OF BELLEVILLE GARDENS 2ND UNIT, AN ADDITION TO THE CITY OF
SOUTH BEND; THENCE WEST ALONG THE SOUTH LINE OF
GARDENS 2ND SAID PLAT OF BELLEVILLE
UNIT, 2000.92 FEET TO THE PLACE OF BEGINNING.
LOT NUMBER 702 AS SHOWN ON THE RECORDED PLAT OF BELLVILLE GARDENS 2ND
UNIT, AN ADDITION TO THE CITY OF SOUTH BEND, INDIANA
be and the same is hereby established as GI General Industrial District.
SECTION Il. This ordinance shall be in full force and effect from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
_day of 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of
at o'clock . M.
Mayor, City of South Bend, Indiana
1st RIADM 6 -7 —/Y
PUBLIC HEARING
3 rd READING
NOT APPROVED
R.EFFRRED
PASSER
2 ,
IFIled rk's 'office
q u kCgEND,IN
PETITION FOR A COMBINED PUBLIC NEARING
Q2 of South Bendd, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at: Southeast Corner of Meadow and Lombardy, Proposed Nello
Corporation, Inc. Site.
2) The property Tax Key Number(s) is /are: 71 -08 -16 -151- 032.000 -026
71 -08 -16 -151- 035.000.026
71 -08 -16 -151- 036.000 -026
3) Name and address of property owner(s) of the petition site:
R &T LAND HOLDINGS, INC.
57706 Crumstown Highway
South Bend, IN 46619
(574) 234 -0704)
rn7althys@con7cast.net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Andrew Nemeth Properties, LLCINello Corporation, Inc.
211 West Washington Street, Suite # 2114 or #2000
South Bend, IN 46601
(574) 288 -6000
anenieth@nen7ethproperties.com
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: Choose current zoning district LI Light Industrial District
To: GI General Industrial District
6) This rezoning is requested to allow the following use(s): Outdoor Storage of both raw material andfini,shed
products, and the manufacturing ofgalvanized steel towers and poles.
7) If applicable, a detailed description and the purpose of the variance(s) being requested: I)A frontage variance
from the required 100' offrontage to 0'. 2) A hard surface variance from the required hard surface for outdoor
storage to unpaved for the outdoor storage and 3) a landscaping varrance for the Northern Elevation as we would
like to install a berm to shield the site from the Residential neighbors. As far as a bufferyard there is currently a
60' -80' of natural mature trees.
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community:. The outdoor storage area to be used will primarily be on the southern end of the
property, it will be shielded by either one or both building(s) and have visibility from Rail Road Tracks,
and vacant land owned by the rail road company (SE). It will be of no detriment to any residential
user within 300' of the site.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: On the north elevation, the 60 -80' buffer of mature trees acts as a
natural buffer and to remove these trees in their current state and replace with much smaller
evergreens seems criminal and will have an adverse cffect on the intended ordinance nor disrupt the
quiet enjoyment of the residential area on the northern elevation.I
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: It is not pragmatic to expect the end user to install asphalt underneath the storage area
when it will he on racks crud stacked ita a unifarm fctshion. The ashpalt could not withstand the weight
gfthe materials stored and would be disastrous to maintain and an extremely burdensome cost on a
regular basis creating an undue hardship.fbr the end user.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) Attached, and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all properties within
300 feet of
the petition property;
(b) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Andrero J Nemeth, Managing partner
Nemeth properties, LLC
211 West Washington Street, Suite #2114
South Bend, IN 46601
(574) 288 -6000
anetttetlt @7u ntethproperties. com
Signature(s) of all pr perty owner(s) or signature of Attorney for all property owner(s):
V V-+-F- I_. A,-JD /jn t_() -1,C- 1, l C
Filed in "€ t Office
JUN - 4 2014
JOHN VCACIDE
CITY CLERK. $1UTH BEND, IN
PRELIMINARY SITE PLAN REQUIREMENTS
A. Tabulated (listed) Data (rvore: aaroorefor(rrustrativepurposes only)
1. LAND COVERAGE AREA % OF TOTAL AREA
Total: 1.75 acres 76,230 sf 100%
a. buildings (ground floor only) 20,000 sf 26%
b. parking & loading, and drives 33,361 sf 44%
c. open space (yards, landscaping, etc) 22,869 sf 30%
2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments)
USE
Office
FLOOR AREA
% OF
TOTAL FLOOR AREA
BUILDING HEIGHT
a.
b. Retail
5,000 sf
5,000 sf
25%
25%
1 story; 35 ,
c. Restaurant
10.000 sf
50%
1.5 story; 40
1 story; 32
Sub -Total
20,000 sf
100%
d. Residential
HEIGHT
# OF UNITS
BEDROOMS /UNIT
TOTAL BEDROOMS
building 1
3 -story / 40'
10
2
building
5
2
20
building 3
5
1
]0
building 4
2 -story / 30'
8
3
5
24
Sub -Total 28
e. Estimated population; Project Density
59
3. Parking ratios per use as required by ordinance, and number of spaces to be provided.
B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities.
C. Name, address and phone number of engineer, surveyor, owner /developer, and landscape architect.
D. Mapped Information (drawn to scale)
1. North arrow, written and graphic scale, date.
2. Boundaries of property with dimensions.
3. Location of buildings, uses and easements.
4. Location and composition of open spaces, landscape planting areas and buffer strips.
5. Location of parking and loading areas, entry and exit drives.
6. Abutting public and private streets.
7. Building and parking setbacks.
8. Location, height, size and type of sign(s).
9. Topography and other natural features.
10. Sanitary, storm sewer, and public water connections; or, private well and septic system locations
NOTE: additional information may be required during the review process so that the
decision. Commission can make an informed
Filed In Clerk's Office
:�
"'N - 42014
4'�
JOH%B'r' ^fJ`gUE
CITY CLERK, 6O TH REND, IN
Area Plan Commission of St. Joseph County, IN
1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601
(574) 235 -9571 3—mw.stiosephcountyindiana comlamaplan.
INSTRUCTIONS FOR REZONING
City of South Bend, IN
FOR COMBINED HEARINGS which include A REZONING and any or all of the following:
VARIANCE(S), SPECIAL EXCEPTION USE AND SUBDIVISION
Submittal Deadline and Place of Filing: 12:00 Noon, City Clerk's Office, 4d' Floor of the County -City Building,
on the Wednesday before the FIRST Council meeting of the month.
Submittal Documentation
PETITION and ORDINANCE forms are available from the Area Plan Commission office, or on the Commission's
website. (The APC website has form - enabled documents).
I . PETITION. An original and one copy, typed on 8 1/2" x 11" paper.
2. ORDINANCE. An original and one copy, typed on 8 1/2" z 11" paper.
3. A list of the names and addresses of all property owners, and the property tax key numbers, for all
properties within 300 feet of the petition property.
4. Stamped, business -size envelopes, addressed to all property owners within 300 feet of the petition property.
Do not out a return address. The Commission will place its own on the envelope.
5. Seventeen (17) copies of a PRELIMINARY SITE PLAN. See attached requirements.
6. Filing Fees: Cash, check, or money order payable to the Area Plan Commission and City of South Bend in
the amount prescribed in the Fee Schedule available from the Area Plan Commission office, or on the
Commission's website.
7. Any other documentation that may be required by the Commission to make an informed decision.
General Outline of Procedures
A. The staff of the Area Plan Commission will make every effort to assist you as you prepare the Ordinance and
Petition. For any questions regarding filling out the forms, or the rezoning procedure, please contact the
Commission staff.
B. When variances from the development standards are also being requested, it is highly advisable that the
Building Department is consulted to ensure that the appropriate type and number of variances required are
identified.
C. During the review by the Commission staff, additional information, clarification, or corrections may be
requested. Changes are submitted directly to the Commission.
D. the petition will not be set for a public hearing until all required documentation, clarifications, or corrections
are submitted prior to the publication of the legal ad. It is the responsibility of you or your representative to
respond in a timely manner.
E. Once a petition is set to be heard, you or your representative must post signs on the property at least ten 10
days prior to the Area Plan Commission's public hearing, and again at least ten (10) days prior to the Council's
public hearing. The signs must be posted in a conspicuous place on the property fnr wh rh rhP rP,nnino .c
sought. These signs are available at the Area Plan Commission office after the
cost of $5.00 per sign. You will be notified on how many signs will be required and gfgtst}f$!C
for pick -up. mill.he.r -ad
Press TAB to complete the attached Ordinance and Peti on. �'�` — 4 2(014
JOHN V�
Ctry CLERF t, SOU t H BEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTIONS OF CHAPTER 9, ARTICLE 3, OF THE SOUTH
BEND MUNICIPAL CODE TO ADDRESS AMBULANCE/MEDICAL SERVICE FEES
STATEMENT OF PURPOSE AND INTENT
Since 1981, the City of South Bend, Indiana has codified the regulation of ambulance and
medical user fees into the South Bend Municipal Code. South Bend's current ambulance and
medical user fees took effect on January 1, 2009 (Ordinance No. 9887 -08).
The South Bend Fire Administration has regularly reported to the Common Council its
ambulance service activity pursuant to Chapter 9, Section 9 -18 of the South Bend Municipal
Code, and has provided its recommendation regarding adjustment of user fees. Based on its
survey of these fees and charges, and due to increased costs to the City for personnel training and
necessary medical supplies, it is recommended that ambulance and medical user fees be adjusted
consistent with the 2012 Medicare Fee Schedule. In order for the Fire Department paramedic
branch to fully recover the costs and expenses of providing ambulance and emergency medical
services, an adjustment is required of the rates last set in 2009.
It is further recommended by the Fire Administration that hereafter the South Bend Fire
Chief be authorized to adjust these user fees once annually and automatically by the same
percentage rate as any adjustments made to the Medicare Fee Schedule rates, with notice to the
City Clerk after which such new rates will take effect. It is further recommended that the report
to the Common Council required by Municipal Code Chapter 9, Article 13, Section 9 -18, take
place by June 1 of each calendar for the entire preceding fiscal year. These changes are
reasonable, appropriate, and in the best interests of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section 1. Chapter 9, Article 3, Section 9 -16 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 9 -16. Ambulance /medical user fee -- Established.
(a) The following user fee schedule shall be charged for all ambulance /medical services provided by
the City through its paramedic branch of the Fire Department:
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician -Basic (EMT - Basic).
(e) Advanced Life Support, Level 1 (ALSI): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus /bolus or by continuous infusion excluding crystalloid, hypotonic,
' ALS), ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
Non-
Resident
Resident Non - Resident
(1) Basic Life Support (BLS
Nonemergency)
1-4�
Q ^,
$315.84 $420.07
(2) Basic Life Support—(BLS
Emergency)
�
9
��, �,
662.67
505.34 672.10
(3) Advanced Life Support -(ALS
Non Emergency)
,�,
497.00
379.01 504.08
(4) Advanced Life Support--
Emergency (ALS -1 Emergency)
600.09 798.12
(5) Advanced Life Support -(ALS-2
Emergency
1,138.96
868.55
868.55 1 155.16
-
(6) Mileage, Basic (Within City
Limits) (per patient miles, minimum
one (1) mile)
i55
—1933
12.66 12.66
(7) Mileage, Rural (per patient miles,
minimum one (1) mile)
19.16 19.16.
(8) Non - Transport Medical Calls
i5o.00
200.00-
200.00 250.00
(b)'The above fees shall be charged per patient run occurrence; however, when ambulance /medical
services are provided for a patient using a private ambulance, the mileage fee shall not be
charged; and further provided that when more than two (2) members of an immediate family
residing at the same address are transported per incident, the basic fee, mileage fee, and
emergency fee shall only be billed for two (2) persons.
(c) Non - resident: Is defined as a person whose primary residence at the time of the service is outside
the corporate boundaries of the City of South Bend, Indiana.
(d) Basic Life Support (BLS): Means transportation by ground ambulance vehicle and medically
necessary supplies and services, plus the provision of BLS ambulance services. The ambulance
must be staffed by an individual who is qualified in accordance with State and local laws as an
Emergency Medical Technician -Basic (EMT - Basic).
(e) Advanced Life Support, Level 1 (ALSI): Means transportation by ground ambulance vehicles,
medically necessary supplies and services and either an ALS assessment by ALS personnel or the
provision of at least one ALS intervention.
(f) Advance Life Support, Level 2 (ALS2): Means either transportation by ground ambulance
vehicle, medically necessary supplies and services, and the administration of at least three (3)
medications by intravenous pus /bolus or by continuous infusion excluding crystalloid, hypotonic,
' ALS), ALS2 and BLS definitions track the language codified in Title 42 of the Code of Federal Regulations,
Chapter IV, §414.605 entitled "Fee Schedule for Ambulance Services ".
isotonic, and hypertonic solutions (Dextrose, Normal Saline, Ringer's Lactate); or transportation,
medically necessary supplies and services, and the provision of at least one (1) of the following:
(1) Manual defibrillation /cardioversion
(2) Endotracheal intubation
(3) Central venous line
(4) Cardiac pacing
(5) Chest decompression
(6) Surgical airway
(7) Intraosseous line
(g) Non - Transport Medical Calls: Means a response to a medical emergency call by ambulance
vehicle and the administration of ALS skills upon or medication given to a patient who then
refuses transport to the hospital.
(h) Mileage, Rural, shall apply to vehicle runs made to areas in zones or zip codes designated as rural
by Medicare and the U.S. Department of Health and Human Services in its Medicare regulations.
(i) The above fees shall take effect on ?an• aFy 1, 009-August 1, 2014.
(j) Hereafter, and in the event Medicare or other federal or State health care regulations require or
allow an adjustment to ambulance/ medical user fees the South Bend Fire Chief is authorized
to and may amend once annually the user fees set out in subpart (a) of this Section by the same
percentage as the Medicare Fee Schedule rates for such services have been adjusted This
adjustment shall not be made until after the filing of the Fire Department's annual report and
review of that report by the Common Council as prescribed by Section 9-18 of this Article
Upon any amendment to the user fees of subpart (a) of this Section the Police Chief or his
designee, shall file notice of the user fee adjustment with the City Clerk and the adjustments
shall take effect on the calendar date immediately following the date on which notice was filed in
the office of the City Clerk.
Section II. Chapter 9, Article 3, Section 9 -18 (1) of the South Bend Municipal Code is
amended to read in its entirety as follows:
Sec. 9 -18. Annual Review of User Fees by Common Council Following Septe,,,beri
Annual Report From the South Bend Fire Department.
(a) The South Bend Fire Department shall prepare a report and file the same with the
Office of the City Clerk on or before c° June 1" of each year. Said report shall
summarize ambulance /medical service runs as of ^ .^ ^u 15'h
Of t;'at ye ar for the entire preceding
fiscal year by identifying the number and type of each run; amount billed; amount collected;
amount in collection; number of lawsuits filed; and shall include any intended new user fees
based upon Medicare ambulance /medical service adjustments. r-eeemmendations With regard to
(b) The Common Council shall review the report filed annually by the South Bend Fire
Department. The Council's Personnel and Finance Committee and /or the Council's Health and
Public Safety Committee shall make a formal recommendation to the Common Council
following a public hearing. annual - ei4 a
hearing shall be used in deteniiining fair- and equitable user fees-.
Section III. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Attest:
City Clerk
Member of the Common Cow
Count! On On m3 and
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2014, at o'clock m.
Approved and signed by me on the
at o'clock, _.in.
rd U
NCT APP ROWD
REFERRED
F -D
City Clerk
day of
2 ,
Mayor, City of South Bend, Indiana
Filed i C, `' '� office
J ®If11t
CL.
o`PTY ERX. UT14 BE{Vi?, IN
1222 S. MICHIGAN STREET
SouTH BEND, INDIANA 466o1 -2821
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
SOUTH BEND FIRE DEPARTMENT
STEPHEN F. COX
)FIRE CHIEF
PHONE 574/ 235 -9255
FAX 574/ 235-9305
Common Council President Oliver Davis
County -City Building July 23, 2014
South Bend, IN 46601
President Davis,
I am respectfully requesting the South Bend Common Council consider my recommendation to increase
the Ambulance User Fees charged by the South Bend Fire Department. As stated in City Ordinance No.
9887 -08, I have provided the required Annual Review of User Fees (dated June 23, 2014) with the
recommendation for an increase that reflects the increase in reimbursement amounts allowed by
Medicare. These amounts are current to this year. As I have stated in the past, Medicare typically adjusts
this reimbursement allowance at least annually, which usually includes an increase in the rate of
reimbursement. If adjustments are not made to our user fees, we are unable to take advantage of
Medicare's increases.
I appreciate your consideration on this matter. I look forward to presenting the ordinance to Council at
your Committee and regular meetings.
Sincerely,
Step n F. Cox
Fire Chief
JAMES LOPEZ
ASsT. CHIEF OPERATIONS
TODD L. SKWARCAN
ASST. CHIEF SERVICES
ANDREW . MYER
FEDEF JR
ASST. CH PF EMS
ASST. CHIEFF TRAINING
RE M RSRILM,
yo
ORDINANCE N
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO AND BRINGING WITHIN
THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY LOCATED IN
PENN TOWNSHIP, CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT 5
Deldora LLC
17716, 17802 8, 17830 Ireland Road
Mishawaka, IN 46544
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation and for the zoning of 20.0± acres located in Penn
Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land
in the territory sought to be annexed and zoned. It is the intent and purpose of this
Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a
zoning district for this territory.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. That the following described real estate situated in St. Joseph County,
Indiana, being contiguous by more than one -eight (1 /8) of its aggregate external
boundaries with the present boundaries of the City of South Bend, Indiana, shall be and
hereby is annexed to and brought within the City of South Bend:
A PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST,
PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH
89 055'00" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 991.56 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 155'00" EAST ALONG SAID NORTH LINE,
663.13 FEET; THENCE SOUTH 00 °01'26" WEST, 1326.25 FEET TO THE SOUTH LINE OF THE NORTH
HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 149'07" WEST ALONG SAID SOUTH
LINE, 207.92 FEET TO THE NORTHERLY RIGHT -OF -WAY OF U.S. 20 BY -PASS; THENCE NORTH
68 001'16" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY, 491.09 FEET TO THE EASTERLY LINE
OF CROFOOT MINOR ADDITION, RECORDED IN PLAT BOOK C, PAGE 7 IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 00 002'14" EAST, 934.69 FEET TO THE
SOUTHERLY LINE OF THE ORIGINAL TOWN OF HI -VIEW, RECORDED IN PLAT BOOK H, PAGE 1 IN
SAID RECORDERS OFFICE; THENCE NORTH 89 °54'11" WEST ALONG SAID SOUTHERLY LINE,
192.01 FEET TO THE WESTERLY RIGHT -OF -WAY OF QUEENSBORO STREET; THENCE NORTH
00 °02'11" EAST ALONG SAID WESTERLY RIGHT -OF -WAY, 178.02 FEET TO THE SOUTHERLY RIGHT -
OF -WAY OF IRELAND ROAD; THENCE SOUTH 89 055'00" EAST ALONG SAID SOUTHERLY RIGHT -
OF -WAY, 192.01 FEET; THENCE NORTH 00 °02'11" EAST, 30.00 FEET TO THE POINT OF
BEGINNING, SAID DESCRIBED TRACT CONTAINING 20.0 ACRES, MORE OR LESS, AND SUBJECT
TO ANY EASEMENTS, RIGHT -OF -WAYS, COVENANTS AND RESTRICTIONS OF RECORD.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above
described parcel as a part of the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known
as the Zoning Ordinance of the City of South Bend, Indiana, be and the some herby is
amended in order that the zoning classification of the following described real estate,
with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph
County, State of Indiana be and the some is hereby established as "PUD" Planned Unit
Development District; provided, however, that the required, established, and stated
procedures for review of such zoning classification by the Area Plan Commission have
been fully satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
Attest:
City Clerk
MEMBER OF THE COMMON COUNCIL
Presented by me to the Mayor of the City of South Bend, Indiana on the _day
of , 20_, at o'clock . M.
City Clerk
Approved and signed by me on the day of
o'clock m.
1 st "ADING Sal L 1 y
PUBLIC HEARING
3 rd READING
NOT APPROVID
REFERRER
PASS
Mayor, City of South Bend,
20_, at
Office
H14
Jotim
CITY CLERIC, 50 UTF9 BEND, IN
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
I (We) the undersigned, make application to the Common Council of the City of South
Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana,
and for the zoning of that land in Penn Township, St. Joseph County, Indiana, and in
support of which Petition allege(s) and affirm(s) as follows:
1) I am (We are) the owner(s) (hereinafter "petitioner' or "petitioners ") of a parcel
of land more particularly described in Exhibit "A ".
2) Petitioner(s) desire(s) that the parcel be annexed to the City of South Bend,
Indiana, by proper ordinance.
3) This Petition is signed by one - hundred percent (100 %) of the owners of the land
in the territory sought to be annexed.
4) The property sought to be annexed and rezoned is located at:
17716 17802 & 17830 Ireland Road Mishawaka IN 46544
5) The Property Tax Key Number: 014 -1167- 6171.014- 1034 - 058202 and
014 -1034- 058203
6) The name and address of the property owner(s) of the petition site is /are:
Deldora LLC, 71447 Forest Eagle Lane Niles MI 49120
7) The name and address of the contingent purchaser(s), if applicable:
D & S Develooment Inc 16915 Cleveland Road Granger IN 46530
8) The parcel is 19.62± acres in size and currently has the following use(s) on it:
Vacant Land
9) The number of people currently residing on the property: None
10) It is desired and requested that the petition site be rezoned
From St. Joseph County zoning classification:
"R" Single Family District
To City of South Bend zoning classification:
"PUD" Planned Unit Development District
for the following use(s): See attached "PUD Land Use Plan"
11) The anticipated "build -out" year for the project:
12) The proposed number of lots:
13) The proposed miles of new roadways: None
14) The following information has been submitted with the Petition:
1. A legal description of the property; titled as Exhibit A;
2. A list of names and addresses of all property owners, along with the tax
key numbers, for all properties within 300 feet of the petition property;
3. Seventeen (17) site plans;
4. Addressed, stamped envelopes for all property owners within 300 feet of
the petition property.
15) The signature(s) of all property owner(s), or Attorney for all property owners(s)
Printed: ALIthony Hole
Deltloro LL
Signed:
Address: 71447 Forest Eagle Lane
Niles. MI 49120 Phone Number.
16) Name, Address, and Phone Number of Contact Person /Preparer (please print):
Bradley E. Mosness, PE
Abonmarche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
(574) 232 -8700
Haled i4
E-Ay 2014
jowi V-1 11, 71---1
v SEND IN
EXHIBIT A
PARCEL I:
A TRACT OF LAND CONTAINING TWENTY ACRES, MORE OR LESS, TAKEN OFF OF THE
ENTIRE WIDTH OF THE NORTH END OF A FIFTY -FIVE ACRE TRACT, WHICH FIFTY -FIVE ACRE
TRACT IS DESCRIBED AS FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION TWENTY -NINE (29), TOWNSHIP THIRTY -SEVEN (37)
NORTH, RANGE THREE (3) EAST, EXCEPTING FORTY -FIVE ACRES OUT OF THE NORTHEAST
PART OF SAID PREMISES HERETOFORE CONVEYED BY JOHN ROCK TO MERENIAH BECKER
BY DEED RECORDED IN DEED RECORD Al, PAGE 179 OF THE RECORDS OF SAID COUNTY,
AND ALSO EXCEPTING SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE
WEST SIDE OF SAID QUARTER SECTION, THE BALANCE REMAINING AFTER SAID TWO
EXCEPTIONS BEING FIFTY -FIVE ACRES, MORE OR LESS, THE FORTY -FIVE ACRES FIRST
EXCEPTED BEING DESCRIBED AS FORTY -FIVE ACRES TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE NORTH SIDE OF SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE EAST SIDE OF SAID QUARTER SECTION, ALL IN ST. JOSEPH COUNTY,
INDIANA.
EXCEPTING THEREFROM:
THE LAND TAKEN FOR THE US 20 BYPASS INCLUDING ANY PURSUANT TO CAUSE NO. G-
1396 FILED JULY 5, 1974, AND FURTHER DESCRIBED AS FOLLOWS: A PART OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST,
COMMENCING AT THE NORTHWEST QUARTER OF SAID QUARTER SECTION; THENCE
NORTH 89 043'05" EAST, 992.10 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION;
THENCE SOUTH 0 022'00" EAST, 1322.25 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION, WHICH POINT IS ON THE SOUTH LINE OF SAID HALF - QUARTER SECTION;
THENCE NORTH 0 022'00" WEST, 179.50 FEET; THENCE SOUTH 68 °25'30" EAST, 476.31 FEET TO
THE SOUTH LINE OF SAID HALF - QUARTER SECTION; THENCE SOUTH 89 026'10" WEST, 441.81
FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL II:
LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION,
RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA, IN PLAT BOOK 31, PAGE "S ".
PARCEL III:
LOTS NUMBERED ONE (1) AND TWO (2) AS SHOWN ON THE PLAT OF THE TOWN OF HI-
VIEW, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN
PLAT BOOK 16, PAGE "H ".
SUBJECT TO LEGAL HIGHWAYS.
7 0014 ;
CfTY CLEF ,
....,
- I
�f Yn
1
i
r
ra
�w
i s
4 n
F.;
St. Joseph Parcels County Parcels
Rec PARCEL ID NAME_? MAILING I MAILING
ST LP PROPERTY
PROPERTY
ADDRESS CITY
ADDRESS
CITY
ST
LP
1 014 -1034- STATE OF INDIANA INDOT Laporte
058201 Dist La Porte IN
46352 IRELAND Mishawaka
IN 46544
2 014-1034-
JONAS LAURIE S 59660
0558124 8124 Queensboro St South Bend IN
46614
3 014 -1034- DAVENPORT DAVID R & 17981 Lamar
058110 ROCHELLE A St South Bend IN
46614 17981 LAMAR South Bend IN
46614
4 014 -1034- WURTSBAUGH WILBUR D &
058106 SHIRLEY 17923 Lamar South Bend IN
46614 17923 LAMAR South Bend IN 46614
5014-1034- CARPENTER DONALD E & 17878 Ireland
058121 South Bend
BETTY F Rd IN
46614 MIDDLEBORO Mishawaka IN 46544
014 -1034- CAURRO R DOMINIC &
17600 E
6 MAUREETA M JT REV TRUST South
058402 DTD 4/9/01 Ireland Rd Bend IN
46614 IRELAND Mishawaka IN
46544
026 -1034- DRIVE &SHINE 16915
7
0577 DEVELOPMENT INC c10 Haji Cleveland Granger IN
46530 4340S
M Tehrani Road
South Bend IN
IRONWOOD
46614
8 058408 14-10 4- STATE OF INDIANA Laporte
0 La Porte IN
Dist
Dist
46352 IRELAND Mishawaka IN
46544
9 014 -1034- HERMAN DANIEL J & SHARI 17910 Lamar
058103 South Bend
17910 LAMAR
L Rd IN
46614 ST South Bend IN
46614
10 014 -1034- STATE OF INDIANA INDOT Laporte
058301 Dist La Porte IN
46352 IRELAND Mishawaka IN
46544
11 014 -1034- JONAS LAURIE S 59680
058126 Queensboro St South Bend IN
59680
46614 QUEENSBORO South Send IN
ST
46614
12
058105 LAMB THOMAS R & SUSAN L 17851 Niagara South Bend IN
46614 17851 NIAGRA South Bend IN
46614
13
058119 LAMB THOMAS R & SUSAN L 17851 Niagara South Bend IN
46614 VL
QUEENSBORO Mishawaka IN
46544
14 014 -1034- JONAS LAURIE S 59660
058125 Queensboro St South Bend IN 1
59660
46614 QUEENSBORO South Bend IN
ST
46614
014 -1034 IZAAK WALTON LEAGUE OF
15
058409 AMERICA ST JOSEPH PO Box 3559 South Bend IN
46619 IRELAND Mishawaka IN
COUNTY INDIANA CHAPTER
46544
16 014 -1034• CARPENTER DONALD E & 17878E
058102 BETTY F Irelantl Rd South Bend IN
17878 IRELAND
46614 RD South Bend IN
46614
17
014 -1034-
058203
DELDORA LLC
119 Forest
Eagle Ln
Niles
Iml
49120
VL IRELAND RD
South Bend IN
46614
18
014 -1034-
GROWING KIDS SOUTH LLC
AN INDIANA LIMITED
4100 Edison
Lakes Pkwy
Mishawaka
IN
46545
17
17850 IRELAND
058101
LIABILITY CO
Ste 260
RD
South Bend IN
46614
19
014 -1167-
6171
DELDORA LLC
71447 Forest
Eagle Lane
Niles
MI
49120
VL IRELAND RD
Mishawaka IN
46544
20
014 -1034-
058202
DELDORA LLC
71447 Forest
Eagle Lane
Niles
MI
49120
17802 IRELAND
RD
Mishawaka IN
46544
21
014 -1034-
CAURRO R DOMINIC &
MAUREETA M JT REV TRUST
p600 E
South Bend
IN
46614
1770D IRELAND
058401
DTO 4/9/01
Ireland Rd
RD
South Bend IN
46614
014 -1167-
CARPENTER DONALD E &
17878 E
22
6176
BETTY F
Ireland Rd
South Bend
IN
46614
VL IRELAND RD
South Bend IN
46614
23
014 -1034-
BELCHER GERALD & ALICE
17699 Ireland
South Bend
IN
46614
17699 IRELAND
South Bend IN
46614
057907
J
Rd
RD
24
014 -1034-
VAN AVERMAETE RICHARD
17675 Ireland
South Bend
IN
46614
17675 IRELAND
057901
AND JOANNE
Rd
RD
South Bend IN
46614
25
057902 4
MARVfN WILLIAM
Ra 51 Ireland
South Bend
IN
46614
17651 IRELAND
South Bend IN
46614
26
026 -1034-
057802
EDWARD ROSE OF INDIANA
P O Box 3015
Kalamazoo
MI
=49003
South Bentl IN
46614
I Plied .
?`' X014
Bill No.
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING AN INTERLOCAL AGREEMENT FOR THE ELIMINATION,
REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING
POINTS IN ST. JOSEPH COUNTY, INDIANA, AND ALL MATTERS RELATED
THERETO
WHEREAS, each of four local governmental units in St. Joseph County, Indiana (the
"County "), namely, (i) the County; (ii) the City of South Bend, Indiana ( "South Bend "), (iii) the
City of Mishawaka, Indiana ( "Mishawaka "), and (iv) the Clay Fire Territory (the "Territory",
and together with the County, South Bend and Mishawaka, the "Parties ") currently operate a
Public Safety Answering Point ( "PSAP ") for dispatching fire, ambulance and law enforcement
services;
WHEREAS, pursuant to IND. CODE § 36 -8- 16.7- 47(e), each PSAP operator in the
County is to enter into an interlocal agreement under IND. CODE § 36 -1 -7 with every other
PSAP operator in the County to ensure that the County does not contain more than the number of
PSAPs authorized by IND. CODE § 36 -8- 16.7 -47(c) after December 31, 2014;
WHEREAS, Ordinance 79 -13 (the "Ordinance "), passed by the St. Joseph County
Council (the "County Council ") on January 14, 2014 and approved by the Board of
Commissioners of the County of St. Joseph, Indiana (the "County Commissioners ") on January
15, 2014, established the Public Safety Communications Consortium of St. Joseph County,
Indiana;
WHEREAS, the Ordinance established a Public Safety Communications Executive
Board (the "Executive Board ") for the purpose, among other things, of making recommendations
regarding the implementation of a consolidated dispatch function for the County;
WHEREAS, on July 21, 2014, the Executive Board by resolution (i) deemed it to be
advisable, and in the best interests of each of the Parties to enter into a proposed form of an
interlocal Agreement for the Elimination, Reorganization, and Consolidation of Public Safety
Answering Points in St. Joseph County, Indiana (the "interlocal Agreement') among the Parties
pursuant to IND. CODE § 36 -1 -7; (ii) approved the Interlocal Agreement; (iii) and recommended
to the County Council, the County Commissioners, the South Bend Common Council, the
Mishawaka Common Council, and the Board of the Clay Fire Territory that each of such bodies
approve the execution and delivery of the Interlocal Agreement by each of the Parties; and
WHEREAS, there has been presented to this meeting a copy of the proposed form the
Interlocal Agreement, and the members of the South Bend Common Council have reviewed the
proposed Interlocal Agreement and deem it advisable and in the best interest of South Bend for
South Bend to enter into the Interlocal Agreement:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND AS FOLLOWS:
SECTION 1. Approval of Interlocal Agreement. The South Bend Common Council
hereby deems it advisable and in the best interest of the City of South Bend for South Bend to
enter into the Interlocal Agreement. The substantially final form of Interlocal Agreement
presented to this meeting, and incorporated herein by reference, is hereby approved by the South
Bend Common Council. The Mayor or the Deputy Mayor and the City Clerk are hereby
authorized and directed, for and on behalf of South Bend, to execute and deliver the Interlocal
Agreement and to approve any changes in the form or substance of the Interlocal Agreement,
such approval to be conclusively evidenced by its execution by the Mayor and City Clerk.
SECTION 2. No Conflict. All ordinances, resolutions, and orders or parts thereof in
conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed.
SECTION 3. Effectiveness. This Resolution shall be in full force and effect from and
after its passage by the South Bend Common Council.
Member of the Common Counci
ATTEST:
City Clerk
COUnd cavk apt
Filed In Clerk's Office
E E'U'_, 2 3 2014
CITY CLERK. 500TfI gEND, M
JOHN VoORDE
CITY OF SOUTH FIEND
July 23, 2014
Mr. Oliver J. Davis, President
South Bend Common Council
4'h Floor County -City Building
South Bend, IN 46601
PETE BUTTIGIEG, MAYOR
OFFICE OF THE MAYOR
RE: Resolution to Approve Interlocal Agreement for
Public Safety Answering Point (PSAP)
Dear President Davis:
Attached for the Common Council's consideration is a proposed resolution which approves
an Interlocal Agreement among the following governmental units in St. Joseph County, Indiana:
the Cities of South Bend and Mishawaka, the County of St. Joseph, and the Clay Fire Territory.
This resolution authorizes the South Bend Mayor or Deputy Mayor to execute the Interlocal
Agreement on behalf of the City of South Bend, and the subject matter of the Agreement is the
operation of a Public Safety Answering Point (PSAP) for the dispatch of fire, ambulance and law
enforcement services within St. Joseph County.
The Interlocal Agreement is part of the legal requirement of IND. CODE §36- 8- 16.7 -47
that every operator of a Public Safety Answering Point (PSAP) within an Indiana County enter
into an interlocal agreement with all other PSAP operators within that county to ensure that the
County does not contain more than the number of PSAPs authorized by Indiana law. Compliance
with this law must take place before December 31, 2014. Because the participants to this Interlocal
Agreement each operate PSAPs, it is necessary that the parties execute the Interlocal Agreement,
a copy of which in substantially final form is attached.
I will present this Resolution to the Common Council, and I thank you for your
consideration.
Filed in CiP *'s Office
L-1 1, 2 3 '1014
JOHN V004DE
CITY CLERK, St?UTH SEND, IN
Sincerely,
Mark W. Neal,
Deputy Mayor
Filed In Clerk's Office
D
JU! 2 3 2014
JOHN VC 661 r
CITY CLERK, SOUTH BEND, IN
227 W JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 466oI
PHONE 574/235-9261' FAX 574/235-9892
V �
II'�
Interlocal Agreement for the Elimination, Reorganization, and Consolidation of
Public Safety Answering Points in
St. Joseph County, Indiana
This Interlocal Agreement ( "Agreement ") is made as of the day of
2014, by and among the Board of Commissioners of St. Joseph County, Indiana ( "County "), the
City of South Bend, Indiana ("South Bend "), the City of Mishawaka, Indiana ( "Mishawaka "),
and the Clay Fire Territory ( "Territory ") (each individually a "Party" and collectively, the
"Parties ") and is made pursuant to IND. CODE § 36 -1 -7.
Article I. Purpose of Agreement
Section 1.01 Purpose. Pursuant to IND. CODE § 36 -8- 16.7- 47(e), each Public
Safety Answering Point ( "PSAP" or "PSAPs ") operator in St. Joseph County, Indiana shall enter
into an interlocal agreement under IND. CODE § 36 -1 -7 with every other PSAP operator in the
county to ensure that the county does not contain more than the number of PSAPs authorized by
IND. CODE § 36- 8- 16.7 -47(c) after December 31, 2014.
Article Il. Duration of Agreement
Section 2.01 Duration. This Agreement shall remain in effect so long as IND.
CODE § 36 -8- 16.7 -47 limits the number of PSAPs in St. Joseph County, Indiana. Should the
Indiana General Assembly amend or modify IND. CODE § 36 -8- 16.7 -47, and in the event a Party
desires to withdraw from this Agreement pursuant to such amendment or modification, said
Party must give twelve (12) months advance written notice to the other Parties and the
withdrawal shall take effect only as of the beginning of the succeeding fiscal year of the County,
unless otherwise agreed between Parties.
Article III. Administration Plan
Section 3.01 Public Safety Communications Consortium of St. Joseph County,
Indiana. Ordinance 79 -13 (the "Ordinance "), passed by the St. Joseph County Council on
January 14, 2014 and approved by the Board of Commissioners of the County of St. Joseph,
Indiana on January 15, 2014, established the Public Safety Communications Consortium of St.
Joseph County, Indiana (the "Consortium "). Parties agree that the governance and
administration of all PSAPs in St. Joseph County, Indiana shall be under the control and
authority of the Consortium, acting by and through the County, and actions of the Executive
Board (defined below) provided for herein shall be presented to the County for consideration.
Section 3.02 Consortium Governance. The governance and powers of the
Consortium, its Executive Board (the "Executive Board "), its Operations Board (the "Operations
Board "), and its Executive Director (the "Executive Director ") are those enumerated in the
Ordinance, attached as Exhibit A.
Article IV. Consolidation Plan
Section 4.01 Transition Planning. The Parties agree to use best reasonable
efforts to cooperate in the many complex aspects of transitioning to a consolidated county -wide
Interlocal Agreement: St. Joseph County PSAP Consolidation
PSAP (the "Consolidated Dispatch Center "). Transition elements include, but are not limited to,
the following:
(a) The enactment of a formal transition plan, including processes for the
elimination, reorganization, and consolidation of PSAPs in St. Joseph County, Indiana, which is
attached as Exhibit B.
(b) The execution of a formal lease agreement between the County and South
Bend for the possession and use of space and resources at the City of South Bend Police
Department, substantially in the form attached as Exhibit C.
(c) The Consortium will establish a transitional budget and be responsible for
paying transitional expenses, including, but not limited to, an Executive Director and other staff
positions, technology costs, construction costs, and professional fees. The County will use its
own available fund balances to pay for transitional expenses conditioned on the Parties'
agreement to reimburse the County from the St. Joseph County Dispatch Center Operating Fund
(as defined in Section 5.07(b)) or available Bond proceeds (as defined in Section 4.02).
(d) All reasonable attempts shall be made by the Consortium, on behalf of the
County, to hire an Executive Director prior to the complete consolidation of PSAPs in St. Joseph
County, Indiana.
Section 4.02 Consolidated Dispatch Center. The Parties agree to jointly finance
the acquisition, construction, demolition, renovation, improvement, excavation, and equipping
projects necessary (i) to build the Consolidated Dispatch Center as defined by the Ordinance
(collectively, the "Dispatch Center Project "), and (ii) to complete the South Bend Emergency
Communication Center, as contemplated in the Transition Plan set forth at Exhibit B. The
Parties agree and acknowledge that the financing of the Dispatch Center Project and the South
Bend Emergency Communication Center shall be completed through the issuance of bonds by
the County (the `Bonds "), the security for which shall be County Economic Development
Income Taxes ( "CEDIT ") levied and collected pursuant to INS. CODE § 6- 3.5 -7. South Bend and
Mishawaka will transfer an irrevocable portion of each City's distributive share of CEDIT to the
County, pursuant to IND. CODE § 6- 3.5 -7 -15, in such amounts as necessary so that the annual
debt service payment for the Bonds shall be paid for by the Parties in the following percentages:
South Bend - 29.03 %, Mishawaka - 17.34% and the County - 53.62 %. This Agreement may not
be terminated by any Party until the Bonds are fully retired.
Article V. Funding Plan
Section 5.01 Assessments; General. The Parties have an obligation to fund the
operating costs, including an allowance for the replacement of capital, of the Consortium as
follows:
(a) Operating Assessments and Capital Replacement Assessments shall be
paid by the 5th day of every month.
Page 2
Interlocal Agreement: St..loseph County PSAP Consolidation.
(b) Parties agree that for the first five years of this Agreement, the process to
establish assessments shall be in accordance with the formulas herein.
(c) Within 90 days following the fourth anniversary of this Agreement the
Executive Board of the Consortium shall determine if the process for establishing assessments
shall be reviewed or extended for a term to be decided by the Executive Board of the
Consortium. An assessment review process shall be repeated every five years during the term of
this agreement.
(d) If the process for establishing assessments is modified, the modification
cannot result in an increase to the total assessment of any Party greater than twenty percent
(20.00 %) of what the assessment would have been if the process was not modified.
(e) The Parties agree that, pursuant to IND. CODE § 36- 1- 7- 16(b), the
Assessments imposed under this Agreement provide for equitable taxation and that there shall be
no decreases by the Department of Local Government Finance to any Party's maximum
permissible property tax levies, maximum permissible property tax rates, or budgets.
(f) Prior to the fourth anniversary of this Agreement, and upon the
recommendation of the Executive Board, the Parties agree to conduct a feasibility study
examining the ability to form a special taxing district with the ability to fund the purposes of this
Agreement.
Section 5.02 Assessments, Operating. Operating Assessments shall provide
funding for the Consortium's day -to -day operating and maintenance obligations as follows:
(a) Operating Assessments for the first year shall be established in accordance
with Exhibit D attached hereto and made a part of this Agreement.
(b) Operating Assessments for each subsequent year shall be calculated and
adopted by the Executive Board of the Consortium following the schedule established for
adoption of its annual operating budget.
(c) The formula provided for in Exhibit D shall be used for establishing each
Operating Assessment. Revenues used in the calculation shall reflect the most recent twelve
months of revenues deposited in both the St. Joseph County 911 Fund and the St. Joseph County
Dispatch Center Operating Fund, at the time the Operating Assessment is calculated, unless the
Executive Director of the Consortium advises and the Executive Board of the Consortium
accepts an alternative number.
(d) The allocation factors calculated on Exhibit E shall be updated annually
using the most recent data available. The Executive Director of the Consortium shall provide the
Executive Board of the Consortium a monthly report on call volumes in a format that illustrates
trends in call volume and provides notice of potential shifts in allocation percentages in
Operating Assessments among the Parties.
Page 3
Interlocal Agreement: St. Joseph County PSAP Consolidation
Section 5.03 Assessments; Capital Replacement. Capital Replacement
Assessments shall provide funding as follows:
(a) For the payment of the Consortium's capital requirements as established
by the Five -Year Capital Replacement Plan as shown on Exhibit F, which shall be updated
annually.
(b) Capital Replacement Assessments for the 2015 fiscal year shall be
established in accordance with Exhibit G. Capital Replacement Assessments for each
subsequent year shall be calculated and adopted by the Executive Board of the Consortium.
Section 5.04 Assessments; Payments. Each Party shall make payment on their
Operating Assessments and Capital Replacement Assessments to the St. Joseph County Auditor
for deposit to the appropriate fund and such Assessments may be paid from any funds the Party
shall choose for payment.
Section 5.05 Assessments; Appeals. A Party may only appeal an Operating
Assessment or Capital Replacement Assessment if they believe the Assessment was incorrectly
calculated due to failure to follow the processes established by Exhibit D, Exhibit E, Exhibit F
and Exhibit G. The Appeals Process shall consist of an independent third party, selected by the
Executive Board of the Consortium, verifying the accuracy of the Assessment Calculation. If the
recalculation of an Assessment results in a modification less than two percent (2.00 %), the cost
of the third party verification shall be paid by the Party requesting the calculation. Otherwise,
the expense shall be funded from the Annual Operating Budget.
Section 5.06 Assessments; Intercept. The Parties acknowledge the financial
exposure assumed by the County in this Agreement. In recognition thereof, Assessments not
received in accordance with the schedule described in this Agreement shall be satisfied using an
intercept process consisting of:
(a) The County Auditor notifying the Controller of the delinquent Party of the
delinquency. The notification shall be in writing and provide five (5) days to settle the
Assessment.
(b) Assessments not received within five (5) days of the written notifications
shall be satisfied by the County Auditor withholding an equivalent amount of CEDIT revenues
from the next monthly CEDIT distribution due to the delinquent Party, and transferring that
withheld amount to the proper Fund(s).
Section 5.07 Establishment of Funds. The Parties accept the continuance and /or
establishment of the following funds (the "Funds ") and direct the County to take whatever
actions it requires to establish and manage the same Funds for the County's records and
accounts:
(a) St. Joseph County 911 Fund — The St. Joseph County 911 Fund is
continued for the purposes described herein and shall receive distributions from the Indiana
Pane 4
lnterfocol Agreement: St, .Joseph County PSAP Consolidation
Statewide 911 Board pursuant to IND. CODE § 36 -8 -16.7, including all interest or investment
income earned thereon. The St. Joseph County 911 Fund shall retain all amounts previously
received by the County from the Indiana Statewide 911 Board as of the date of this Agreement.
(b) St. Joseph County Dispatch Center Operating Fund — The St. Joseph
County Dispatch Center Operating Fund is established and shall receive all Operating
Assessments contributed by each Party, interest or investment income earned thereon, and all
other miscellaneous revenues.
(c) Capital Replacement Fund — Capital Assessments contributed by the
Parties shall be deposited into the Capital Replacement Fund along with any interest earnings
from invested Capital Replacement Fund balances. The balances held in the Capital
Replacement Fund shall be used to purchase capital equipment used at the Consolidated
Dispatch Center in accordance with the Five Year Capital Replacement Plan that is prepared
annually by the Executive Director of the Consortium and approved by the Executive Board of
the Consortium. The Executive Board of the Consortium, with the approval of the County, may
elect to transfer funds from the Capital Replacement Fund to the St. Joseph County 911 Fund or
the St, Joseph County Dispatch Center Operating Fund.
(d) The County Treasurer shall oversee the investment of the Funds based
upon directions provided by the Executive Director of the Consortium.
(e) Funds currently on hand in the County's Emergency Telephone System
Fund shall be retained in such fund until such time as the Executive Board of the Consortium,
with the approval of the County, shall direct that such funds be deposited in one of the Funds set
forth above and used for the purposes set forth in this Agreement.
Section 5.08 Minimum Fund Balances. The Parties establish the following
Minimum Fund Balances and direct the County to take whatever actions required to establish the
same Minimum Fund Balance requirements for their records and accounts:
(a) Operating Funds — The combined aggregate totals of the St. Joseph
County 911 Fund and the St. Joseph County Dispatch Center Operating Fund shall maintain a
minimum balance equal to fifty percent (50.00 %) of the current year's annual operating budget.
(b) Capital Replacement Fund - The Capital Replacement Fund shall maintain
a minimum balance equal to the scheduled capital expenditures reflected in the five year capital
improvement plan. Balances in the Capital Replacement Fund can be transferred to the St.
Joseph County Dispatch Center Operating Fund for the payment of operating expenses with the
approval of the Executive Board of the Consortium.
Article VI. Budgeting Plan
Section 6.01 Annual Budget. Parties accept the 2015 Annual Operating Budget
as presented in Exhibit H, attached and made part of this Agreement, For subsequent years, the
Executive Director of the Consortium shall prepare an annual operating budget as follows:
Pao *e 5
lntedocal Agreement: St. Joseph County PSAI' Consolidation
(a) The draft operating budget will be prepared by May 31st of each year
substantially in the format presented in Exhibit H;
(b) The proposed annual operating budget shall be reviewed and adopted by
the Executive Board of the Consortium no later than June 30th of each year; and
(c) The proposed annual operating budget shall thereafter be reviewed and
adopted by the County as part of the County's annual budgeting process.
Section 6.02 Budget Amendment. Once an annual operating budget has been
adopted by the Executive Board of the Consortium it may be amended as follows:
(a) If an amendment does not increase the total annual expenditures
established by an approved budget, a modification may be made by the Executive Director of the
Consortium; or
(b) If an amendment requires the amount approved for the annual budget to be
increased, then Executive Board of the Consortium must approve the increase before it may
become effective. The Executive Board of the Consortium shall decide if the increase shall be
funded from cash balances or from an additional assessment contributed by the Parties. The
timing of any amendments shall be completed on a schedule that allows the County to make any
corresponding adjustments to its budget in compliance with Department of Local Government
Finance ( "DLGF ") requirements.
Section 6.03 Budget Reports and Review. The Executive Director of the
Consortium shall prepare a monthly financial report for the Executive Board of the Consortium
that provides a comparison of Month -to -Date and Year -to -Date financial results, both budgeted
and actual. At the end of each calendar year the Executive Board of the Consortium shall review
actual financial results and provide copies to the Parties.
Article VII. Staffing Plan
Section 7.01 Staffin . The County agrees to hire, supervise, pay and discharge
all employees as may be required in the management, operation, and development of this
Agreement and its purposes. All employees utilized by the Consortium, unless otherwise noted
herein, shall formally be employees of the County. Employment with the County shall be "At
Will ", and nothing set forth in this Agreement is intended to modify the at -will status of such
employment. The County shall comply with all applicable federal, state and local laws,
ordinances and regulations pertaining to all employees. The St. Joseph County 911 Fund and the
St. Joseph County Dispatch Center Operating Fund shall be the only sources of funds for any
employment salaries and benefits provided to the Consolidated Dispatch Center employees and
personnel, including health insurance benefits.
Section 7.02 Minimum Employment Qualifications and Personnel Policy. The
County will develop job descriptions for the positions needed to staff the Consolidated Dispatch
Page 6
lnterlocal Agreement: St. Joseph County PSAP Consolidation
Center. These job descriptions shall be used by the Executive Director in reviewing applications
and making staffing recommendations to the County. All staffing decisions shall be in
conformity with the employment policies of St. Joseph County as set forth in the St. Joseph
County Human Resources Policies and Benefits Manual, Handbook, as amended from time to
time.
Section 7.03 Hiring Strategy. Recognizing the value of experienced employees,
the County shall seek to identify qualified employees currently holding PSAP positions with the
Parties to this Agreement. The County shall use reasonable efforts to pay employees at the pay
rate equal to the pay rate effective for these positions as of December 31, 2013. For the purposes
of granting employment benefits to employees previously employed by the Parties to this
Agreement, the County shall, to the extent permitted by law, recognize the seniority of such
employees based on continuous, prior service at the time such employees are hired by the
County. Except for the position of Executive Director, the County shall seek applications only
from the pool of current employees of the various PSAPs operated by the Parties to this
Agreement, for a period of time through and including August 30, 2014. After August 30, 2014,
the County may seek additional applicants if it is unable to fully staff the Consolidated Dispatch
Center operations based on the pool of current employees.
Section 7.04 Hiring Processes. On or before August 15, 2014, the County will
provide applications for employment to current employees at the various PSAPs operated by the
Parties to this Agreement. Application packages will include consents to be signed by the
applicants granting the County permission to obtain background information, including criminal
and personnel information. Factors included in evaluating employees shall include length of
experience, training, certifications, education, references, attendance, discipline record, job
performance evaluations, and other relevant, lawful, factors. If approved for hiring by the
County, conditional offers shall be made no later than October 30, 2014, to those employees
applying before September 30, 2014. All conditional offers shall be subject to successful drug
screening. The County also reserves the right to condition offers on fitness for duty exams,
should there be a lawful reason for doing so.
Section 7.05 Cessation Processes. Upon the cessation of PSAP operations and
termination of employment, any amount owed to terminated employees of the respective Parties
to this Agreement for unused vacation, personal days, or other compensable benefit, shall be paid
by the respective Party, and not the County. The Parties also recognize that not all current
employees satisfy the job description requirements for all positions, and there are currently more
employees qualified for entry level positions; and an insufficient number of employees qualified
for higher level positions. All Parties to this Agreement will endeavor to provide training
necessary, at each individual Party's expense, to increase the qualification level of current
employees.
Article VIII. Operations Plan
Section 8.01 911 Call- Receiving and Dispatching Protocols. Calls will be
processed on two tier level (stage two dispatching): call - takers and dispatchers. When an
emergency call is received, the call taker will obtain detailed call information (utilizing
Page 7
lntcrlocal Agreement: St. Joseph County PSAP Consolidation
nationally recognized protocols) and enter that call into the computer -aided dispatch system
(CAD). In turn, the CAD system routes the call to the proper dispatcher. Dispatchers will be
designated and trained for police or fire /emergency medical services. Call will be routed to the
properly designated dispatching entity.
Article IX. Amendment
Section 9.01 Amendment. The Parties, by mutual agreement in writing, may
amend, modify and supplement this Agreement. The failure of any Party to enforce at any time
any provision of this Agreement shall not be construed to be a waiver of such provision, nor in
any way to affect the validity of this Agreement or any part hereof or the right of such party
thereafter to enforce each and every such provision. No waiver of any breach of this Agreement
shall be held to constitute a waiver of any other or subsequent breach.
Article X. General Provisions
Section 10.01 Assignment. No Party may assign this agreement or any of its
rights, interests, obligations or duties hereunder, whether by operation of law or otherwise,
without the express written consent of all Parties to this Agreement.
Section 10.02 Entire Agreement. This document, including its attachments,
addendums, and amendments, encompasses the entire Agreement of the Parties. No
understanding or addition to this Agreement shall be effective unless made in writing and signed
by the Parties in accordance herewith.
Section 10.03 Severability. Should any part of this Agreement be determined by
a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending
section shall be void and of no effect, and shall not render any other section herein, nor this
Agreement as whole, invalid. Those rights, interests, obligations, and duties hereunder, which
by their nature should survive, shall remain in effect after termination, suspension, or expiration
hereof.
Section 10.04 Counterparts. This Agreement may be executed in counterparts,
each of which when executed shall be deemed to be an original, and such counterparts, together,
shall constitute but one and the same Agreement.
Section 10.05 Admission of Other Jurisdictions. Additional jurisdictions may
become participants by written addendum to this Agreement, with the approval of the majority of
participatory Parties to this Agreement.
Section 10.06 Effective Date. This Agreement is effective when a fully executed
copy is recorded with the St. Joseph County Recorder pursuant to INS. CODE § 36- 1 -7 -6. No
later than sixty (60) days after its effective date, this Agreement must be filed with the State
Board of Accounts and the Statewide 911 Board.
Page 8
lnterlocal Agreement: St. Joseph C;ounly PSAP Consolidation
Article XI. Termination and Dissolution
Section 11.01 Termination. If any Party should breach or terminate this
Agreement, said Party shall be wholly liable for any foregone fees or penalties imposed by the
Statewide 911 Board and shall indemnify all other Parties against such losses, including court
costs, attorneys' fees, and any other expenses incurred to enforce this provision. Any terminating
Party remains liable for all continuing financial obligations of the Bonds as provided for in
Section 4.02 of this Agreement. Termination of this Agreement requires the exiting Party or
Parties to resume providing PSAP services that were in effect prior to the execution of this
Agreement.
Section 11.02 Property Disposal. All assets and funds of the Consortium shall be
purchased or procured in the County's name and shall remain the property of the County
throughout the duration of this Agreement. The purchase and maintenance of all equipment
necessary to receive calls, radio transmissions, and data including, but not limited to, radios, air
cards, hardware, or software, shall be procured individually by the Parties and will remain the
property of the individual Parties upon termination or completion of this Agreement. The Parties
may engage in cooperative purchasing activities so long as the ownership interests in said
purchases are expressly defined in writing. In the event of termination of this Agreement, the
County shall, after paying or making provision for the payment of all Consolidated Dispatch
Center liabilities, transfer a percentage interest in all Consolidated Dispatch Center assets,
including the St. Joseph County Dispatch Center Operating Fund and the Capital Replacement
Fund, but excluding the St. Joseph County 911 Fund, to South Bend and Mishawaka in the same
percentages as provided for debt service payments on the Bonds as set forth in Section 4.02
Page 9
]nterlocal Agreement: St..loseph Comity PSAP Consolidation
ST. JOSEPH COUNTY, INDIANA
Andrew T. Kostielney, President of the
Board of Commissioners
Marsha G. McClure, Vice President of the
Board of Commissioners
Dave Thomas, Member
Board of Commissioners
ATTEST:
Peter H. Mullen, Auditor
CITY OF MISHAWAKA, INDIANA
David A. Wood, Mayor
ATTEST:
Deborah S. Block, IAMC, MMC, City Clerk
CITY OF SOUTH BEND, INDIANA
Mark W. Neal, Deputy Mayor
ATTEST:
John Voorde, City Clerk
CLAY FIRE TERRITORY
By:
Printed:
Page 10
EXHIBIT A
Ordinance Establishing the Public Safety Communications Consortium
of St. Joseph County, Indiana
Bill No. 81 -13 ORDINANCE- --
WHEREAS, each of four local government units in St. Joseph County operates a
Public Safety Answering Point ( "PSAP ") for dispatching fire, ambulance
and law enforcement services;
WHEREAS, state law requires the consolidation of PSAPs by December 31, 2014;
WHEREAS, while many public safety agencies in St. Joseph County communicate
primarily on an 800 MHz analog communication system; other public
safety agencies operate primarily on different radio systems hindering
their ability to interoperate easily with each other when needed; and
WHEREAS, consolidating the dispatch function and developing an interoperable
public safety communications system will increase the safety of
residents and public safety personnel of St. Joseph County;
NOW, THEREFORE, LET IT BE ORDAINED AS FOLLOWS:
SECTION 1. PURPOSE
(a) The Public Safety Communications Consortium of St. Joseph County is
established, for the purpose of promoting the efficient use of public safety agency
resources through improved coordination and cooperation to enhance the safety of
St. Joseph County residents using a consolidated dispatch function and interoperable
voice and data communications system. It is comprised of St. Joseph County and the
municipalities of St. Joseph County that have public safety agencies.
(b) The Public Safety Communications Executive Board and Public Safety
Communications Operations Board are created to govern the Consortium.
SECTION 2. DEFINITIONS
The following definitions apply throughout this ordinance:
(1) "Consortium" refers to the Public Safety Communications Consortium of St.
Joseph County.
(2) "County Commissioners" refers to the St. Joseph County Board of
Commissioners.
(3) "Consolidated dispatch center" refers to one or two centers at which the
consolidated dispatch function takes place.
(4) ".Consolidated dispatch functions" refers to all of the functions involved with
operating one or two consolidated dispatch centers, as determined by the .
operations. Board, including public safety call taking and dispatching of
appropriate public safety responders that currently are performed at the four
Public Safety Answering Points ( "PSAPs ") and any other function that is
appropriate for accomplishing the Consortium's purposes.
(5) "Executive Board" refers to the Public Safety Communications Executive
Board created in this ordinance.
(6) "Operations Board" refers to the Public Safety Communications Operations
Board created in this ordinance.
(7) "interoperable communications system" means a system that enables public
safety units from two or more agencies to communicate with each other via
voice or data communications, including video communications, when and
where needed.
(8) "Municipality" means a city or town.
(9) "Non- public safety agency" means an entity that is not a public safety agency
such as a school district, a department of public works, department of
transportation or utility.
(10) "Public safety agency' means a federal, state, or local governmental entity
eligible to. hold an authorization in a public safety radio service as set forth in
47 CFR 90 et seq.
(11) "System" refers to the interoperable communications system.
SECTION 3 EXECUTIVE BOARD COMPOSITION
(a) The Executive Board ( "Executive Board ") is comprised of the following
members:
(1) The President of the St. Joseph County Commissioners.
(2) The mayor of South Bend.
(3) The mayor of Mishawaka.
(b) Each member may select a designee in writing to represent the member.
.(c) At the first meeting of the Executive Board of each calendar year, the
members shall elect a president, vice president and secretary and such other
officers that the Executive Board decides are necessary.
(d) Each member has one vote. Decisions require an affirmative vote by a
majority of those .present. A. quorum to conduct business shall be at least two (2)
members present.
SECTION 4 EXECUTIVE BOARD POWERS
The Executive Board may make recommendations to the County Commissioners
regarding:
(1) Financing, purchasing and contracting . for the implementation of a consolidated
dispatch function that complies with state law and an interoperable communications
System.
(2) Contracting with consultants including architects, engineers, attorneys, auditors
and others to assist in the financing, planning, development and implementation of
the consolidated dispatch function and System.
(3) Acquiring personal or real property, or any interest in it, by lease or
conveyance.
(4) Owning, improving and constructing facilities on real. property.
(5) Conveying, ,teasing, mortgaging or otherwise disposing of or encumbering
personal or real property or interests therein or facilities on it.
(6) Assessing charges for using the consolidated dispatch center or System.
(7) Entering into and performing use and occupancy agreements concerning the
consolidated dispatch function and System.
(8) Accepting revenue from fees, gifts, devises, bequests, grants, loans,
appropriations, revenue sharing, other financing, and any other aid from any source.
The Commission shalt turn all revenue received over to the fiscal officer the County
Commissioners designate.
(9) Any other non- operations power needed to carry out the.Consortium's purposes.
SECTION 5 COMPOSITION OF THE OPERATIONS BOARD
(a) The Operations Board is comprised of the following members:
(1) The chief of the South Bend Police Department.
(2) The chief of the Mishawaka Police Department.
(3) The town marshal representing all the town marshals of St. Joseph County..
(4) St. Joseph County Sheriff
(5) The chief of the South Bend Fire Department.
(6) The chief of the Mishawaka Fire Department.
(7) The chief of the Clay Township Fire Department, who also represents the
interests of all the township fire departments.
(8) St. Joseph County Emergency Management Director (non - voting advisor).
(b) The persons described in subsections (a)(1), (a)(2), (a)(4), (a)(5), (a)(6) (a)(7)
and (a)(8) serve by virtue of their offices. The person described in subsection (a)(3)
is selected by a vote from the town. marshals of the County present at a meeting
called for that purpose, serves a term of two years and may be reappointed.
(c) Each member may select a designee in writing to represent the member.
(d) . At the first meeting of, each calendar year of the Operations Board
( "Operations Board ".), the members shall elect .a president, vice president and
secretary and such other officers that the Operations Board decides are necessary.
(e) Each member has one vote. Decisions require an affirmative vote by a
majority of those present. A quorum to conduct business shall be at least five (5)
members present.
SECTION 6 OPERATIONS BOARD POWERS
(a) The Operations Board powers include:
(1) Operating and maintaining the consolidated dispatch function and System
including: frequency planning, managing the licensing of frequencies with the
Federal Communications Commission and anything else needed for the proper
functioning of the consolidated dispatch center or System.
(2) Developing means of sharing information operationally and technologically to
improve public safety..
(3) Developing a personnel system for employees of the Consortium including
staffing, salary, benefits and standards for hiring, and disciplining employees.
(4) Establishing standard operating procedures.
(5) Hiring and firing staff including the executive director, who serves at the
.pleasure of the Operations. Board.
(6) Making recommendations to the Executive Board regarding the Executive Board's
powers set out in subsections (1) through (7) and (9) of Section 4.
(b) The Operations Board may allow non - public safety agencies to use the
consolidated dispatch center and /or System if allowing this will not adversely
impact public safety.
(c) The Operations Board may create subcommittees to assist it in carrying out its
purposes.
SECTION 7 USER AGREEMENTS
Any public safety agency or non- public safety agency that wants to use the
consolidated dispatch center and /or System must enter into a user agreement with
the Commission. The commission shall develop criteria for determining whether a
public safety agency or other entity may use the System.
Memb St, /.losepl County Council
�f
)si READING //-10-/
. NUV 0 5 2013 PU2UC ii£ARINGH -il,� NOV 0 5 1013
AUDITCN 2nd R£ADGVG ..
$i JOS°PN COUNTY INDIANA NOT APP (:) D COUNTY COUNCIL
R£nR£D y5��. Si JOSEPH COUNTY INDIANA
PASSFD ✓� 1
Bill No. 81 -13
AMENDMENT NO:
ORDINANCE NO.�'
ORDINANCE ESTABLISHING THE PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF
ST. JOSEPH COUNTY
This bill came before t e St. Joseph County Council the _,thday of 201l. and was
voted to duly passinot 1upass, this Ordinance.
Pr4ientu nly Council
VOTES
MESS
NO
An .
Auditor, St1,Joseph Cc un
Presented by me to the Board of Commissioners of the County of St. Joseph, IX411a,
this�ihdayof liftlig4k5l 201{, at the hour of . _17— o'clock --il—IM.
This Ordinance approved and signed by the Board of County Commissioners of St. Joseph County, Indiana, on
the y&_th day of –Vr4 nj t3�T_, 201t{. at the hour of ICS : t D o'clock Q. M.
President, County CoLi oners .
EXHIBIT B
Transition Plan
EXHIBIT B
Transition Plan for the Elimination, Reorganization, and Consolidation of Public Safety
Answering Points in St. Joseph County, Indiana
I. Pre - Consolidation Assessment. As of the date of execution of the Interlocal Agreement
( "Agreement'), by and among the Board of Commissioners of St. Joseph County, Indiana
( "County "), the City of South Bend, Indiana ( "South Bend "), the City of Mishawaka,
Indiana ( "Mishawaka "), and the Clay Fire Territory ( "Territory "), the geographical
boundaries of St. Joseph County, Indiana contains four (4) Public Safety Answering
Points ( "PSAP "):
A. St. Joseph County Sheriff PSAP ( "County PSAP ") located at 4817 Lincoln Way
West, South Bend, Indiana 46628;
B. City of South Bend Police Department PSAP ( "South Bend PSAP ") located at 701
Sample Street, South Bend, Indiana 46601;
C. City of Mishawaka Police Department PSAP ("Mishawaka PSAP ") located at 200
North Church Street, Mishawaka, Indiana 46544; and
D. Clay Fire Territory PSAP ( "Clay Fire PSAP ") located at 18355 Auten Road, South
Bend, Indiana 46637.
II. Initial Consolidation. On or before December 31, 2014, the geographical boundaries of
St. Joseph County, Indiana shall contain no more than two (2) PSAPs. The Parties to the
Agreement shall use best reasonable efforts to implement consolidation as follows:
A. On or before August 15, 2014, the County shall enter into a lease agreement with
South Bend, substantially in the form of the lease agreement attached as Exhibit C
to the Agreement, for the utilization of space currently operating as the South Bend
PSAP;
B. On or before August 18, 2014, the County shall award a construction contract for
the renovation of the South Bend PSAP for the purpose of consolidating the
County PSAP and the Clay Fire PSAP into a single building with the South Bend
PSAP (collectively, the "South Bend Emergency Communications Center ") to be
located at 701 Sample Street, South Bend, Indiana 46601;
C. On or before October 17, 2014, renovations at the South Bend Emergency
Communications Center shall be substantially complete;
D. On or before October 31, 2014, all call relaying and dispatching equipment of the
South Bend Police Department shall be fully installed and in use at the South Bend
Emergency Communications Center;
E. On or before November 12, 2014, all call relaying and dispatching equipment of
the St. Joseph County Sheriff shall be fully installed and ready for use at the South
Bend Emergency Communications Center;
F. On or before November 21, 2014, all call relaying and dispatching equipment of
the Clay Fire PSAP shall be fully installed and ready for use at the South Bend
Emergency Communications Center;
G. On or before November 27, 2014, all incoming calls and requests for emergency
assistance shall be redirected from the County PSAP to the South Bend Emergency
Communications Center (i.e., calls shall cease being directed to the County PSAP);
H. On or before December 6, 2014, all incoming calls and requests for emergency
assistance shall be redirected from the Clay Fire PSAP to the South Bend
Emergency Communications Center (i.e., calls shall cease being directed to the
Clay Fire PSAP; and
On or before December 31, 2014, the County shall take complete operational and
managerial control of the South Bend Emergency Communications Center, acting
by and through the Public Safety Communications Consortium of St. Joseph
County, Indiana, as established by County Ordinance 79 -13 (adopted on January
14, 2014) and approved by the Agreement.
III. Comprehensive Consolidation. Concurrent with the renovation of the South Bend
Emergency Communications Center and the relocation of PSAPs thereto, the Parties to
this Agreement have agreed to finance the acquisition, construction, renovation,
installation, and equipping of a unified county -wide PSAP. The Parties to the Agreement
shall use best reasonable efforts to implement full and comprehensive consolidation as
follows:
A. On or before October 31, 2014, the County shall award a construction contract for
the construction and equipping of a new county -wide PSAP facility in St. Joseph
County, Indiana (the "Primary PSAP ") to be located on Downey Avenue in
Mishawaka, Indiana;
B. On or before June 26, 2015, construction of the Primary PSAP shall be
substantially complete;
C. On or before August 31, 2015, all call taking, call relaying, and dispatching
equipment of the Mishawaka PSAP shall be fully installed and in use at the
Primary PSAP and all incoming calls and requests for emergency assistance shall
be redirected from the Mishawaka PSAP to the Primary PSAP (i.e., calls shall
cease being directed to the Mishawaka PSAP); and
D. On or before September 30, 2015, all operations of the South Bend Emergency
Communications Center shall be fully and completely transferred to the Primary
PSAP with the South Bend Emergency Communications Center serving as a
backup to the Primary PSAP (collectively, the "Consolidated Dispatch Center ").
EXHIBIT C
Lease Agreement
LEASE AGREEMENT
THIS LEASE AGREEMENT ( "Lease ") made this day of
2014, by and between CITY OF SOUTH BEND, INDIANA, (hereinafter referred to as
"Lessor "), and ST. JOSEPH COUNTY, INDIANA, acting for and on behalf the PUBLIC
SAFETY COMMUNICATIONS CONSORTIUM OF ST. JOSEPH COUNTY, INDIANA,
(hereinafter referred to as "Lessee ");
RECITALS
A. Ordinance 79 -13, passed by the St. Joseph County Council on January 14,
2014 and approved by the Board of Commissioners of the County of St. Joseph, Indiana on
January 15, 2014, established the Public Safety Communications Consortium of St. Joseph
County, Indiana (the "Consortium ").
B. The Board of Commissioners of St. Joseph County, Indiana ( "County "),
the City of South Bend, Indiana ( "South Bend "), the City of Mishawaka, Indiana
( "Mishawaka "), and the Clay Fire Territory ( "Territory ") each serve as a Public Safety
Answering Point ( "PSAP ") operator for one (1) of the four (4) PSAPs in the County.
C. Pursuant to Indiana Code 36 -8- 16.7- 47(e), the Parties entered into an
interlocal agreement ( "Interlocal Agreement ") under Indiana Code 36 -1 -7 with every other
PSAP operator in the County to ensure that the County does not contain more than the number of
PSAPs authorized by Indiana Code 36 -8- 16.7 -47(c) after December 31, 2014.
D. As of the date of the execution of the Interlocal Agreement, the
geographical boundaries contain four (4) PSAPs: (i) St. Joseph County Sheriff PSAP ( "County
PSAP "), (ii) City of South Bend Police Department PSAP ( "South Bend PSAP "), (iii) City of
Mishawaka Police Department PSAP ( "Mishawaka PSAP "), and (iv) Clay Fire Territory PSAP
( "Clay PSAP ").
E. On or before December 31, 2014, the geographical boundaries of the
County shall contain no more than two (2) PSAPs.
F. Pursuant to the Interlocal Agreement, the governance and administration
of all PSAPs in the County shall be under the control and authority of the Consortium, acting by
and through the County, and actions of the Consortium's Executive Board.
G. On or before August 1, 2014, the County, acting for and on behalf of the
Consortium, desires to enter into a lease for the space in the City of South Bend Police
Headquarters currently operating as the South Bend PSAP for the purpose of consolidating the
County PSAP, the South Bend PSAP and the Clay PSAP into one PSAP to be temporarily
located in such space.
US.54381124.05
H. To provide for such temporary location the County desires to renovate the
South Bend PSAP facility, use the existing dispatching equipment located at the South Bend
PSAP facility and fully install additional dispatching equipment to use in the South Bend PSAP.
I. Concurrent with the execution of this Lease, the South Bend desires to
sell, assign, transfer and convey, through a Bill of Sale, to the County the existing dispatching
equipment located at the South Bend PSAP facility for a purchase price equal to the equipment's
depreciable value as set forth in said Bill of Sale.
J. The County desires to take complete operational and managerial control of
the South Bend PSAP, acting by and through the Consortium.
K. Concurrent with the renovation of the South Bend PSAP and the
relocation of the County PSAP and Clay PSAP thereto, the Consortium wishes to finance the
acquisition, construction, renovation, installation, and equipping of a unified County -wide PSAP
(the "Consolidated Dispatch Center ").
L. On or before September 30, 2015, all operations of the County PSAP,
South Bend PSAP, Clay PSAP and Mishawaka PSAP shall be fully and completely transferred
to the Consolidated Dispatch Center and following such transfer, the South Bend PSAP shall
serve as a backup to the Consolidated Dispatch Center.
WITNESSETH:
FOR AND IN CONSIDERATION of the full and faithful compliance by the
parties hereto with each and all of the terms, covenants and conditions herein contained to be
complied with by them, Lessor does hereby lease, let and demise unto Lessee approximately
square feet of office space within Lessor's City of South Bend Police Department
located at 701 Sample Street, South Bend, Indiana, 46001 ( "Premises ") as shown on Exhibit A
attached hereto and made a part hereof the police station upon the real estate described on
Exhibit B attached hereto and made a part hereof, (hereinafter referred to as the "Building "),
together with use of the parking area serving the Building. The Premises are leased by Lessor to
Lessee subject to all applicable covenants, easements, conditions and restrictions of record, and
subject to the provisions of all applicable building codes and zoning ordinances.
ARTICLE I
TERM
1.1 Term. The term of this lease, subject to all of the provisions and
conditions herein contained, shall be for a period of (_) years, commencing
August 1, 2014 and ending July 31, 20_ (the "Term "), unless sooner terminated as provided
herein.
-2-
US.54381124.05
ARTICLE II
USE AND OCCUPANCY
2.1 Use. Lessee covenants that the Premises shall be used as an active PSAP
serving South Bend, the County and the Territory during the period commencing upon the
relocation of the County PSAP and the Clay PSAP to the Premises. Upon consolidation of such
PSAPs with the Mishawaka PSAP and the initiation of operations at the Consolidated Dispatch
Center, the Premises shall thereafter be used as a backup PSAP facility to the Consolidated
Dispatch Center to be used as the primary PSAP when necessary, and for such other purposes as
may be incidental thereto, and for no other purpose without the prior written consent of Lessor.
2.2 Restrictions. Lessee shall not (a) commit or permit waste to the Premises,
(b) permit or suffer any nuisance or hazardous, unsafe or unpleasant condition to exist in the
Premises, (c) create or permit any obstruction or annoyance to, or interference or hindrance with,
occupants of adjacent buildings or (d) cause or permit Lessee's agents, employees or contractors
to violate such insurance requirements, such rules and regulations or any laws, statutes,
ordinances and regulations of governmental authorities having jurisdiction over the Building or
the use and occupancy thereof. In addition, Lessee shall not (a) use the Premises for the
handling, processing, treatment or disposal of any hazardous waste, material or substance, as
defined by any applicable laws, statutes, ordinances and regulations of governmental authorities
having jurisdiction over the Building or the use and occupancy thereof (the "Hazardous
Substances "), or (b) store or use any Hazardous Substances in the Premises, except for such
storage and usage of those types and amounts of Hazardous Substances as may be necessary for
the operation of an office. Lessee shall not stockpile Hazardous Substances or otherwise store or
use in the Premises more Hazardous Substances than are necessary for office use and will be
used with reasonable dispatch. All storage, usage and transportation of Hazardous Substances
shall be conducted in compliance with all applicable laws, statutes, ordinances and regulations of
governmental authorities having jurisdiction over the Building or the use and occupancy thereof,
and Lessee shall take all necessary and appropriate safety precautions in connection with such
storage, usage and transportation.
ARTICLE III
RENT
3.1 Rent. Lessee shall pay as base rent for said Premises, without relief from
valuation or appraisement laws, and without demand, reduction or offset of any kind, the
following:
Period
Monthly Base Rent
"Base Rent"
August 1, 2014 — Sept mber 30, 2015
October 1, 2015 —July 31, 2034
Base Rent shall be paid in advance on the first day of each calendar month throughout the Term
to the attention of Lessor at , South Bend, Indiana, 46601, or such other
place as Lessor may from time to time designate in writing.
-3-
US.54381 124.05
ARTICLE IV
COMMON AREAS AND SERVICES
4.1 Common Areas. Lessor grants the Lessee a nonexclusive license to be
exercised in common with all other Lessees and occupants of the Building within which the
Premises are located for the right -of -way entrances, drives, parking areas, sidewalks, common
building entryways, hallways, elevators and other common facilities upon the real estate and
serving the Building within which the Premises are located ( "Common Areas "). Lessee's use of
such Common Areas shall be subject to such rules and regulations for said Common Areas
established from time to time by Lessor and provided to Lessee with reasonable prior written
notice. Lessor reserves the right to alter the Common Areas provided the same does not have a
material adverse impact upon Lessee's access to the Premises. Lessor shall be responsible for
compliance with the Americans with Disabilities Act within the Common Areas provided any
costs incurred or improvements required as a result thereof shall be deemed Operating Costs.
4.2 Services. Lessor shall provide, or cause to be provided, the following
services to the Premises:
(a) Janitorial services and customary cleaning in and about the entire
Building (including all Common Areas and the Premises). Lessee may not
provide any janitorial service of its own without Lessor's prior written consent,
and then only subject to such additional conditions as Lessor may reasonably
impose.
(b) Heat and air conditioning to provide, in Lessor's judgment,
comfortable occupancy, within government regulations, of the Premises.
Wherever heat - generating machines or equipment are used or business operations
are conducted in the Premises which, in the judgment of Lessor, affect the
temperature otherwise maintained by the air conditioning system, Lessor reserves
the right to modify said system, including the installation of supplementary air
conditioning units in the Premises, and the cost and expense of operation and
maintenance thereof shall be paid by Lessee to Lessor.
(c) Water from city mains, drawn through fixtures installed by Lessor
for drinking, lavatory, and toilet purposes, including a reasonable amount of hot
water.
(d) Electrical wiring system in the Premises for standard electrical
receptacles and lighting fixtures. Such electricity will be used only for normal
equipment and accessories. Replacement lighting tubes, lamps, bulbs, and
ballasts required for the overhead lighting fixtures in the Premises will be
installed at Lessee's expense.
(e) Snow removal services for the outside parking facilities, related
driveways, and sidewalks at all reasonable times.
(f) Lavatories for the use of Lessee's employees and invitees in
common with other Lessees in the Building.
-4-
US.54381124.05
Lessor does not warrant that any of the services above mentioned will be free from interruptions
caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of
Lessor to obtain fuel or supplies, or any other cause beyond the reasonable control of Lessor.
Any such interruption of service will not constitute an eviction or disturbance of Lessee's use and
possession of the Premises, or any part thereof, or render Lessor liable to Lessee for damages, or
relieve Lessee from performance of Lessee's obligations under this Lease. Lessor will use
reasonable efforts to promptly remedy any situation which has interrupted such services.
ARTICLE V
MAINTENANCE REPAIRS IMPROVEMENTS AND ALTERATIONS
5.1 Lessee's Work. Lessee shall, at Lessee's expense, complete the
improvements to the Premises set forth on Exhibit C attached hereto and incorporated herein by
reference ( "Lessee's Work "). With the exception of Lessee's Work, Lessee shall accept
possession of the Premises "as is" without representation or warranty of any kind and Lessor
shall have no further obligation to improve the Premises.
5.2 Necessary Repairs. Lessor shall make all necessary repairs to the Building
and Common Areas, and Lessor shall keep the Building and Common Areas in a safe, clean and
neat condition and use reasonable efforts to keep all equipment used in common with the Lessor
or other Lessees in good condition and repair, provided, however, that to the extent any of the
foregoing items require repair because of the intentional misconduct, misuse or default of
Lessee, its employees or agents, Lessor shall make such repairs solely at Lessee's expense.
Lessor shall keep and maintain the Premises in good order, condition and repair, provided,
however, that to the extent any items in the Premises require repair because of the intentional
misconduct, misuse or default of Lessee, its employees or agents, Lessor shall make such repairs
solely at Lessee's expense.
5.3 Alterations. Lessee shall not make any alterations, additions or leasehold
improvements to the Premises during the term of this Lease or make any contract therefor
without first procuring Lessor's written consent. All alterations, additions and /or leasehold
improvements made by Lessee to or upon the Premises, except Lessee's personal property and
removable trade fixtures installed by Lessee, shall at once when made or installed be deemed to
have attached to the freehold and to have become the property of Lessor. Lessee shall be
responsible for any damages occasioned by removal of its personal property and trade fixtures.
Any alterations made by Lessee shall be at Lessee's cost and expense. Lessee agrees to conform
to and comply with all laws, ordinances, rules and regulations of federal, state, county and
municipal authorities in making such alterations or repairs, and shall at all times keep the
Premises free from claims of mechanics' liens.
5.4 Access to Premises. Lessor and its agents shall have reasonable access to
the Premises during all hours for the purpose of examining the same and to ascertain that they
are in good repair, and to make reasonable repairs which Lessor may desire to make hereunder.
5.5 Utility Charges. Lessee agrees to pay (a) all charges for sewer, water, gas,
electricity, telephone service and other utility services used upon and attributable to the Premises
-5-
US.54381 124.05
through the Term; and (b) indemnify and hold Lessor harmless from any liability resulting from
any nonpayment for any such services
ARTICLE VI
INSURANCE AND INDEMNITY
6.1 General Warranty Lessee, from the commencement of its occupancy,
agrees to indemnify and hold Lessor harmless from any loss, cost, claim, liability or damage
arising out of, or connected with, Lessee's use and occupancy of the Premises arising out of any
breach or default of Lessee in performance of its obligations under this Lease unless arising from
Lessor's gross negligence or intentional misconduct. In case any action or proceeding be brought
against Lessor by reason of any such claim, Lessee agrees to (a) resist or defend such action or
proceeding and (b) promptly pay and discharge any final judgment rendered against Lessor
therein, reserving the right to appeal such judgment prior to payment thereof as may be permitted
by law. The obligation of Lessee under this Section to indemnify and hold harmless Lessor shall
survive the expiration of the Premises or the termination of this Lease.
6.2 Waiver. Lessor shall be responsible for infrastructure failure or damage,
which failure or damage is not caused by any negligence of Lessee.
6.3 Lessor's Indemnity. Lessor shall indemnify and hold Lessee harmless
from any third -party claim or any loss cost, claim, liability or damage resulting therefrom arising
out of or connected with Lessor's negligence or willful and intentionally tortious acts, or
Lessor's default under this Lease.
ARTICLE VII
DESTRUCTION OF PREMISES
7.1 Repair or Restoration. In the event of damage to, or destruction of, the
Premises by fire or other casualty covered by insurance, Lessor at its sole expense, shall
promptly restore the Premises (other than improvements to the Premises made by Lessee) as
nearly as possible to its condition prior to such damage or destruction; provided that, if the
Premises is so extensively damaged or destroyed that the cost of restoration would exceed thirty
percent (30 %) of the amount it would cost at the time to replace the Building in its entirety, then,
and in such case, Lessor, or, during the final year of the Lease, Lessee, at its option at any time
within thirty (30) days after such damage or destruction, may terminate this Lease upon written
notice to Lessee, or, if during the during the final year of the Lease, to Lessor, and thereupon
(a) Lessee shall surrender possession of the Premises to Lessor, (b) Lessor and Lessee shall be
discharged from any and all liabilities and obligations arising under this Lease subsequent to the
date of such damage or destruction, and (c) this Lease shall be null and void. Pending Lessor's
restoration of the Premises, Lessee's Base Rent hereunder shall abate proportionately to the area
rendered unusable, to the extent of the proceeds of Lessor's rent interruption insurance, if any.
Lessor's obligations to reconstruct the Premises are conditioned on its receipt of insurance
proceeds in such an amount as to cover the cost of such restoration.
0
US.54381124.05
ARTICLE VIII
EMINENT DOMAIN
8.1 Permanent Taking. If, during the Term, the entire Premises or any
material portion of the Building shall be taken by an exercise of the power of eminent domain or
by purchase under the threat of such power (the "Eminent Domain Proceeding "), then this Lease
shall terminate as of the date of the vesting of title in the taking authority pursuant to the Eminent
Domain Proceeding. If this Lease is not terminated after an Eminent Domain Proceeding, then
(a) Lessee shall be responsible for any necessary restoration of the Premises as required for
Lessee's use thereof, and (b) the Base Rent shall be reduced in an equitable amount considering
the portion of the Premises taken pursuant to the Eminent Domain Proceeding and the utility of
the Premises for Lessee's use. Notwithstanding the fact that Lessee shall have the burden of
going forward with the work of restoration of the Premises, Lessor agrees to reimburse Lessee
for the costs of such restoration; provided that Lessor's obligation to reimburse Lessee for such
costs of restoration shall not exceed the amount of any damage award received by Lessor for
such purpose as a result of such taking.
8.2 Temporary Taking. If all or any portion of the Premises is taken pursuant
to an Eminent Domain Proceeding for governmental occupancy for a limited period, then (a) this
Lease shall not terminate, and (b) Lessee shall continue to perform its obligations hereunder as
though such taking had not occurred, except to the extent that it may be prevented from so doing
pursuant to the terms of the order of the authority which made the taking. In the event of such a
temporary taking, Lessee shall be entitled to the entire award for such taking (whether paid by
way of damages, rent or otherwise), unless the period of governmental occupancy extends
beyond the termination of the Term, in which case, the award shall be apportioned between
Lessor and Lessee as of the date of such termination.
8.3 Distribution of Damages. If no separate award of compensation is made
by the taking authority, then (a) all compensation shall be paid to Lessor, and (b) Lessee shall
have no interest in such compensation, except to the extent of Lessee's claim to any award
specifically made for its trade fixtures or moving expenses.
8.4 Vesting of Title. Wherever the term "vesting of title" or any similar
phrase is used in this Article, a taking of possession by the taking authority shall be deemed a
vesting of title.
8.5 Rights on Termination. Upon any termination of this Lease as a result of
an Eminent Domain Proceeding, (a) all Base Rent, and additional rent and charges of all types
shall be adjusted and prorated, as applicable, to the date of such termination, and (b) all other
rights and obligations of the parties hereunder shall be terminated as of said date except for the
distribution of any award or compensation for such taking; provided that Lessee shall be allowed
a reasonable time to remove its property from the Premises.
8.6 Notice. Lessor shall give Lessee notice of the initiation of an Eminent
Domain Proceeding within a reasonable time after Lessor becomes aware of the pendency of any
such proceeding.
-7-
US.54381 124.05
ARTICLE IX
ASSIGNMENT AND SUBLETTING
9.1 Rieht to Assign or Sublet. Lessee shall not (a) assign this Lease or any
interest therein, (b) sublet the Premises, or any part thereof, or (c) permit any other party to
operate or conduct a business on, in, at or from the Premises, without the prior written consent of
Lessor. Any transfer of this Lease by operation of law (by a change of control, merger,
consolidation or liquidation of Lessee or otherwise) shall constitute an assignment for purposes
of this Lease. No assignment or subletting shall release Lessee from any of its liabilities or
obligations under this Lease.
ARTICLE X
MORTGAGE SUBORDINATION• ESTOPPEL CERTIFICATES
10.1 Subordination. Upon written request or notice by Lessor, Lessee agrees to
subordinate its rights under this Lease to the liens of any mortgages that may now or hereafter be
placed upon the Building and the Premises, and to any and all advances to be made thereunder,
and all renewals, replacements and extensions thereof and to attorn to a purchaser upon
foreclosure or a conveyance in lieu thereof, provided such mortgagor or purchaser agrees to
recognize Lessee and not to disturb Lessee under this Lease, provided Lessee upholds the terms
and conditions of this Lease. Lessee shall execute a subordination agreement in furtherance
thereof consistent with the terms and conditions hereof.
10.2 Estoppel. Upon request or notice of Lessor, Lessee agrees to execute an
estoppel certificate certifying to Lessor, Lessor's mortgagees or a purchaser of the Building
within which the Premises are located that this Lease is in full force and effect, that this Lease
has not been modified altered or amended except as specified therein, that no event of default has
occurred and that rent has not been paid more than thirty (30) days in advance.
ARTICLE XI
DEFAULT
11.1 Defaults by Lessee. Upon the happening of any one or more of the
following events (the "Event(s) of Default "), Lessor may terminate this Lease and /or exercise,
enforce or recover any other right, remedy or damages available under this Lease, at law or in
equity: (a) the failure of Lessee to pay an installment of rent within ten (10) days after the
installment becomes due, without any notice; or (b) the failure of Lessee to perform any other of
its covenants or satisfy any other of its obligations under this Lease within thirty (30) days after
written notice.
11.2 Remedy. Upon the occurrence of an Event of Default, Lessor may
re -enter the Premises, without terminating the Lease or accepting a surrender and with or without
process of law, using such force as may be necessary, and remove all persons and property
therefrom, and Lessor shall not be liable for damages or otherwise by reason of such re -entry or
termination of this lease. In addition to all other obligations of Lessee, Lessee shall be liable for
the cost of seizure and repossession of the Premises and reasonable attorney's fees incurred as a
result of the seizure and repossession of the Premises. Lessor may, at any time after the
8-
US.54381124.05
occurrence of an Event of Default, whether before or after regaining possession of the Premises,
terminate this Lease without any obligation provide Lessee with any additional notifications. In
the event that Lessor at any time terminates this Lease for any default by Lessee, in addition to
any other remedies Lessor may have, Lessor may recover from Lessee all damages Lessor may
incur by reason of such default, including, to the extent not recovered by Lessor as part of its
re -entry of the Premises, the costs of recovering the Premises, making alterations and repairs,
reasonable attorneys' fees, and the value at the time of such termination of the excess, if any, of
the amount of Base Rent and charge equivalent to Base Rent. All such amounts shall be
immediately due and payable from Lessee to Lessor.
11.3 Lessor Default Notice. Lessor shall in no event be charged with default in
any of its obligations hereunder unless and until Lessor shall have failed to perform such
obligations within thirty (30) days (or such additional time as is reasonably required to correct
any such default) after written notice to Lessor by Lessee, specifically describing such failure.
ARTICLE XII
SURRENDER OF POSSESSION
12.1 Surrender of Possession. Whenever the Term shall be terminated, whether
by lapse of time, forfeiture or in any other way, Lessee covenants and agrees that it will at once
surrender and deliver up said Premises peaceably in as good of condition as when Lessee took
possession, ordinary wear and tear and any alterations and approved changes and any damage
caused by perils covered by insurance excepted.
12.2 Failure to Surrender. In the event Lessee shall hold over after any
termination of this Lease, the same shall create no more than a month -to -month tenancy at
double the rent herein set forth and under all other applicable conditions herein provided.
ARTICLE XIII
MECHANICS' LIENS
13.1 Mechanic's Liens. Lessee will not permit any mechanic's lien or liens to
be filed against the Premises or the Building at any time for any work done for or materials
furnished to Lessee; provided that Lessee may contest such lien or liens in good faith if Lessee
(a) deposits as required by law a sufficient surety bond or other security to obtain a release of the
lien or liens and (b) obtains a court order releasing the lien or liens. If any such lien or liens are
filed, then Lessor may compel the prosecution of an action for foreclosure of the lien or liens,
and, upon the commencement of such an action, Lessee immediately shall (a) deposit as required
by law a sufficient surety bond or other security to obtain a release of the lien or liens and
(b) obtain a court order releasing such lien or liens. Lessee immediately shall (a) pay any final
nonappealable judgment or decree rendered against Lessor or Lessee arising out of any such lien
or liens, including all proper costs and charges, and (b) cause any such lien to be released of
record without cost to Lessor.
-9-
US.543R 1124.05
ARTICLE XIV
NOTICES
14.1 Manner of Giving. Whenever under this Lease a provision is made for
notice or demand of any kind, such notice shall be in writing, and it shall be deemed sufficient
notice and service if such notice is given by United States registered or certified mail, or by a
nationally recognized air courier and sent to:
In the case of Lessor to:
Attention:
In the case of Lessee to:
Attention:
14.2 Change of Address. Each party from time to time may change its address
for purpose of notice under this Article by giving to the other party notice of such change of
address. Any notice, demand or request given by the United States, registered or certified mail,
as provided herein, shall be deemed served on the date it is deposited in the United States mail or
with a nationally recognized air courier properly addressed and with postage fully prepaid.
ARTICLE XV
TERMINATION
15.1 Termination. In the event a new building is acquired by or for Lessee to
serve the purposes for which this Lease was intended, Lessee may terminate this Lease upon
thirty (30) days written notice to Lessor.
15.2 Surrender of Premises. At the expiration or termination of the subtenancy
created hereunder, whether by lapse of time or otherwise, Lessee shall surrender the Premises to
Lessor in the same condition that Lessee is obligated under this Lease to maintain the Premises,
including the surrender to Lessor of all improvements then located upon the Premises, other than
Lessee's signs, personal property and unattached equipment used in the operation of the business
conducted in the Premises (which items Lessee shall remove from the Premises prior to
surrender), as distinguished from those fixtures, machinery and equipment which are for the
general operation and maintenance of the Premises or the Building (which items Lessee shall
surrender with the Premises unless directed otherwise in writing by Lessor). Lessee shall repair
prior to surrender all damage to the Premises resulting from the removal of its signs, personal
property and unattached equipment. The obligations of Lessee under this Section shall survive
the expiration of the Term or the termination of this Lease.
15.3 Holding Over. If Lessee remains in possession of the Premises with the
written consent of Lessor after the expiration or termination of the subtenancy created hereunder,
and without the execution of a new lease or any further extension of this Lease, then Lessee shall
-10-
US.54381124.05
be deemed to be occupying the Premises as a Lessee from month to month at the same rent and
subject to all of the other terms, provisions and obligations of this Lease insofar as the same are
applicable to a month -to -month Lessee. At any time, either party may terminate such
month -to -month tenancy by written notice delivered to the other party at least thirty (30) days in
advance of the termination date. If Lessee remains in possession of the Premises, without the
written consent of Lessor, after the expiration or termination of the subtenancy created
hereunder, then (a) Lessee shall pay to Lessor for each day of such possession one hundred fifty
percent (150 %) of all rent for which this Lease provides, computed on a daily basis, and
(b) indemnity and hold Lessor harmless from any loss, cost, claim, liability or damage arising out
of, or connected with such possession.
ARTICLE XVI
MISCELLANEOUS
16.1 Covenant of Quiet Enjoyment. Lessor warrants that Lessee, upon making
the payments and performing the other covenants and agreements of this Lease on its part to be
performed, shall have peaceful and quiet possession of the Premises during the Term.
16.2 Remedies Cumulative - Non - Waiver. The various rights and remedies
herein contained and reserved to each of the parties shall not be considered as exclusive of any
other right or remedy of such party, but shall be construed as cumulative and in addition to every
other right or remedy now or hereafter existing at law, in equity, or by statute, and said rights and
remedies may be exercised and enforced concurrently and whenever and as often as occasion
therefore arises. No delay or omission to exercise any right or power by either party shall impair
any such right or power, or be construed as a waiver of any default or as acquiescence therein.
One or more waivers of any covenant, term or provision of this Lease by either party shall not be
construed by the other party as a waiver of a subsequent or continuing breach of the same or any
other covenant, term or provision. The consent or approval by either party to or of any act by the
other party of a nature requiring consent or approval shall not be deemed to waive or render
unnecessary consent to, or approval of, any subsequent similar act.
16.3 Recordine. Neither this Lease, nor any Memorandum thereof, shall be
recorded.
16.4 Applicable Law. The law of the State of Indiana shall govern the
construction, performance and enforcement of this Lease. The headings of the several Articles
and Sections contained herein for convenience only do not define, limit or construe the contents
of such Articles and Sections. All negotiations, considerations, representations and
understandings between the parties are incorporated herein.
16.5 Construction of Terms. Whenever the singular or plural number, or
masculine, feminine or neuter gender, is used herein, it shall equally include the other, and the
terms and provisions of this Lease shall be construed accordingly. Whenever the term
"including" is used herein, it shall be deemed to mean, "including, without limitation," and
neither the use of such term nor the listing of examples shall be deemed to effect any limitation.
-11-
US.54381124.05
16.6 Agreement Binding Upon Successors. The covenants, agreements and
obligations herein contained shall extend to, bind and inure to the benefit not only of the parties
hereto, and their respective personal representatives, heirs, successors and assigns.
16.7 Estoppel Certificate. Without charge and at any time and from time to
time hereafter, within ten (10) days after the written request of the other party, either Lessor or
Lessee as the case may be, shall certify by a written instrument duly executed and acknowledged
to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other
person, firm or corporation specified by Lessor or any lender specified by Lessee, as to the
validity and force and effect of this Lease, in accordance with its tenor, as then constituted, as to
the existence of any default on the part of any party thereunder, as to the existence of any offsets,
counterclaims or defenses thereto on the part of Lessee, and as to any other matters that may be
reasonably requested by Lessor.
16.8 Limitation of Liability. Anything to the contrary herein contained
notwithstanding, there shall be absolutely no personal liability on persons, firms or entities who
constitute Lessor with respect to any of the terms, covenants, conditions and provisions of this
Lease, and Lessee shall look solely to the interest of Lessor, its successors and assigns, in the
Building of which the Premises are a part for the satisfaction of each and every remedy of Lessee
in the event of default by Lessor hereunder; such exculpation of personal liability is absolute and
without any exception whatsoever.
16.9 Time is of the Essence. Time is and shall be of the essence of this Lease
and of each term or provision hereof.
16.10 Consents. Wherever this Lease requires the approval or consent of one
party to a matter proposed by another party, Lessor and Lessee agree that: (a) the proposal and
the granting or denial of approval or consent shall be in writing; and (b) approval or consent shall
not be unreasonably withheld, conditioned or delayed.
16.11 Severability. If any term or provision of this Lease or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term or provision to persons or circumstances
other than those to which it is held invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Lease shall be valid and be enforceable to the fullest extent
permitted by law.
16.12 Headings. The headings of the articles of this instrument are for
convenience and reference only and the words contained therein shall in no way be held to
explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of
this Lease.
16.13 Termination for Non - appropriation. Notwithstanding any other provision
of this Lease, if funds for the continued fulfillment of this Lease by Lessee are at any time
insufficient or not forthcoming through failure of any entity to appropriate funds or otherwise,
then Lessee shall have the right to terminate this Lease without penalty by giving written notice
documenting the lack of funding, in which instance unless otherwise agreed to by the parties, this
-12-
U&54381124.05
Lease shall terminate and become null and void on the last day of the fiscal period for which
appropriations were received. Lessee agrees that it will make its best efforts to obtain sufficient
funds, including, but not limited to, requesting in its budget for each fiscal period during the term
hereof sufficient funds to meet its obligations hereunder in full.
16.14 Non - Discrimination. Lessor shall not discriminate against any employee
or applicant for employment to be employed by Lessor in the performance of this Lease, with
respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter
directly or indirectly related to employment, because of his or her race, religion, color, sex,
handicap, disability, national origin, ancestry, disabled veteran status, or veteran status. Breach
of this Part shall be regarded as a material breach of this Lease agreement.
16.15 Authorization. The undersigned represent and warrant that (i) such party
is duly organized, validly existing and in good standing (if applicable) in accordance with the
laws of the state under which it was organized; and (ii) the individual executing and delivering
this Lease has been properly authorized to do so, and such execution and delivery shall bind such
party.
16.16 Counterparts. This Lease may be executed in counterparts, all of which
shall be deemed originals.
16.17 Exhibits. The following Exhibits are attached to this Lease:
Exhibit A Description of Premises
Exhibit B Description of Building
Exhibit C Lessee's Work
[Signatures on Following Page]
-13-
US.54381124.05
IN WITNESS WHEREOF, Lessor and Lessee have hereunto executed this Lease
Agreement the day and year first above written.
Seller:
CITY OF SOUTH BEND, INDIANA
By:
Mark Neal, Deputy Mayor
ATTEST:
John Voorde, City Clerk
Buyer:
ST. JOSEPH COUNTY, INDIANA,
acting for and on behalf of the Public Safety
Communications Consortium of St. Joseph
County, Indiana
By: Board.of Commissioners
ATTEST:
Peter H. Mullen, Auditor
(Signature Page to Lease Agreement)
US.54381 ]24.05
EXHIBIT A
DESCRIPTION OF PREMISES
US.54381124.05
1 �2a11 i3=
DESCRIPTION OF BUILDING
US.54381124.05
EXHIBIT C
LESSEE'S WORK
At its expense, Lessee shall
U5.54381124.05
EXHIBIT D
Consolidated Dispatch Center Operating Cost Allocation Table
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
CONSOLIDATED DISPATCH CENTER Exhibit D
OPERATING COST ALLOCATION TABLE
Operating Costs- From Exhibit H
Personal Services
Supplies
$4,170,440
Services and Charges
8,000
1,740,000
Total Operating Costs
$5,918,440
Allocation to Fixed and Variable Categories
Variable (25 %)
Fixed (75 %)
$1,479,610
4,438,830
Total Operating Costs
$5,918,440
St. Joseph
Variable Cost
County
South Bend
Mishawaka
Total
Call Volume (Per Exhibit E)
28.60%
52.55%
18.85%
100.00%
Variable Costs
$423,196
$777,467
$278,947
$1,479,610
Fixed Cost
Property Values (Per Exhibit E)
53.62%
29.03%
17.34%
100.00%
Fixed Costs
$2,380,267
$1,288,674
$769,888
$4,438,829
Less: E911 Revenues (1)
(1,072,475)
(580,637)
(346,888)
(2,000,000)
Net Fixed Costs
$1,307,792
$708,037
$423,000
$2,438,829
Total Allocated Operating Costs Net of E911 Revenues
Variable
$423,196
$777,467
$278,947
$1,479,610
Fixed
1,307,792
708,037
423,000
2,438,829
Total
$1,730,988
$1,485,504
$701,947
$3,918,439
Monthly Operating Assessments
$144,250
$123,790
$58,500
(1) This is the estimate of E911 Revenues for the upcoming year.
EXHIBIT E
Fixed and Variable Cost Allocation Factors
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
FIXED AND VARIABLE COST ExhlbitE
ALLOCATION FACTORS
Variable Cost Allocation Based on Call Volume
St. Joseph
County South Bend Mishawaka Total
2011
2012
2013
136,272
146,409
142,558
259,200
264,626
257,395
----
96,840
93,180
9_ 0_ ,274
492,312
504,215
490,227
Average call volume
141,746
260,407
93,431
495,585
Percent
28.60%
52.55%
_ 18.85%
100A0%
Fixed Cost Allocation Based on Current Year 2014 Net Assessed Value
St. Joseph
County South Bend Mishawaka Total
Net Assessed Value $4,029,395,476 (1) $2,181,510,508 $1,30358 $7514,198,242
--- —_
Percent 53.62% 29.03 %q% ]00.00%
(1) Net of South Bend and Mishawaka assessed values.
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
FIVE YEAR CAPITAL REPLACEMENT PLAN Exhibit F
2015 2016 2017 2018 2019
Furnishings
Equipment
Technology
Total $200,000 $200,000 $200,000 $200,000 $200,000
EXHIBIT G
Consolidated Dispatch Center Capital Replacement Allocation Table
ST. JOSEPH COUNTY DISPATCH CONSOLIDATION
CONSOLIDATED DISPATCH CENTER Exhibit G
CAPITAL REPLACEMENT ALLOCATION TABLE
Annual Capital Replacement Allowance- See Exhibit F $200,000
Capital Cost Allocation Based on Property Values
St. Joseph
County
South Bend
Mishawaka Total
Property Values (Per Exhibit E)
53.62%
°
29.03 /0
17.34% 100.00%
Capital Costs
$107,247
$58,064
$34,689 $200,000
Monthly Capital Assessments
$ 8,935
$ 4,840
$ 2,890
EXHIBIT H
Dispatch Center Budget
INDS01 14532940
/
/
/
/
\
8
/
q
!y®
~
y *» ¥®
!
\
(
/
k)
/)
ƒ/
/)
\�
;
§
t
\
;
\
)
I
/\
#/ §
!## ;)
\ \ /))
;
)
!
r
� §)
{af\f
) /) \\
{
;
ƒ
\
§
f
/
\
\
)
\ \
}
Fe m /j 0mce
Lt2]3N
JOHN JE
CITY CLERK, zz ri EIEND, w
$
]
{
;
ƒ
\
§
f
/
\
\
)
\ \
}
Fe m /j 0mce
Lt2]3N
JOHN JE
CITY CLERK, zz ri EIEND, w
dt1,l 001 i`t ' .S'
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
RECOMMENDING THAT PERSONNEL POLICIES AND PROCEDURES BE DEVELOPED
FOR ALL CITY OF SOUTH BEND ELECTED OFFICIALS — THE MAYOR, THE CITY
CLERK AND THE COMMON COUNCIL -- WHICH REFLECT BEST PRACTICES
O11 , the South Bend Common Council acknowledges that Indiana Code § 2- 7 -1 -14 defines
"public official" as "an individual who holds office in the executive, judicial, or legislative branch of the
state or federal government or a political subdivision of either of those governments and includes an
official or employee of a state educational institution'; and
the South Bend Common Council acknowledges that Indiana Code § 36 -4 -7 -2 defines
"compensation" as the "total of all money paid to an elected city officer for performing duties as a city
officer, regardless of the source of funds from which the money is paid "; and
Q the Common Council further notes that Indiana Code § 36 -4 -7 -2 authorizes the city
legislative body to fix the annual compensation of all elected city officers by ordinance; and
GWa,dze, the Council acknowledges that the Internal Revenue Code sets forth withholding
requirements for taxable fringe benefits; however the amount and types of such benefits as well as types
of leaves vary from municipality to municipality; and
Oficm s on March 1, 2014, the Internal Revenue Service updated provisions addressing the
"Classification of Elected and Appointed Officials" and noted in part that:
"Although there is no precise definition for the term `public official' or `public officer', the
courts have generally held that anyone who exercises significant authority pursuant to public
laws is a public officer. This includes any official who administers or enforces public laws,
whether the individuals is elected by the public or appointed to an office "; and
6,m, to further complicate matters, federal and state laws govern some leaves, but not all, and
no "established answer" could be given by the Indiana Association of Cities and Towns (IACT) with
regard to policies governing various leaves for elected public officials; and
Owe, many communities, like the City of South Bend, have not specifically addressed
personnel policies governing their elected public officials; however, it is noted in Chapter 2.165 entitled
"General Employment Provisions" of the Evansville, Indiana, Municipal Code, the following definition
is codified as Section 2.165.040:
"Definition of employee.
As used in this chapter, the term `employee' shall mean persons in the employ of the city and all
elected officials of the City"; and
Resolution Requesting Personnel Policies & Procedures for Elected Public Officials
Page 2
CA" fair, reasonable, clear and consistent personnel policies foster a more efficient and
productive overall work force, especially when compensation and monetary fringe benefits of city
employees as well as elected public officials are paid for by public tax dollars; and
6)1%; , there is a need for a detailed and comprehensive review by both the legislative and
executive bodies of the City of South Bend, so that personnel policies for elected city officials can be
developed which address items not specifically addressed by applicable state or federal law.
Mom 4e& mw� ��e �ommnma �omnelGa�b% °f�iubi �md �nda�:u aG�i/loae:
Section I. The Common Council of the City of South Bend, Indiana, believes that sound and fair
personnel policies governing city elected public officials would be in the best interests of the city.
Section II. The Common Council therefore believes that the Council, in collaboration with the
City Administration should develop draft policies and procedures for elected public officials which
address those items which are not currently governed by state or federal laws.
Section III. The Council therefore recommends that the City's Human Resources Director, a
representative of the Department of Law, and the Council Attorney be requested to provide a
preliminary draft of personnel policies and procedures for the Mayor, the City Clerk and the Common
Council which are not otherwise addressed by applicable state of federal law and which represent best
practices; with such draft being submitted to these elected city officials within forty -five (45) days from
the adoption of this Resolution.
Section IV. This Resolution shall be in full force and effect from and after its adoption by the
Council and approval by the Mayor.
Dr. David istrict Council Member
Tim Scott, 1 District Council Member
Karen L. }�! ite, C i h, t Large
l�
Derek D. Dieter, Council Member at Large
this _ day of August, 2014, by a vote of
6 J i«Gthis — day of August, 2014, by a vote of
Resolution Requesting Personnel Policies & Procedures for Elected Public Officials
Page 3
John Voorde, City Clerk
66raeAnredby me to the Deputy Mayor of the City of South Bend, Indiana, on the _ day of
August, 2014, at_ o'clock _. M.
v.
;itrtlro
x
APN20YF£
I
�RXSSYS�
Janice Talboom, Deputy City Clerk
day of August, 2014, at o'clock . m.
Mark Neal, Deputy Mayor
City of South Bend, Indiana
Filed ir,
,t,+g,,s Office
1
CITY "ER.'-. ,
36 jTH BEND, IN
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
August 6, 2014
Members of the Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Dear Council Members:
(574) 235 -9321
Fax (574) 235 -9173
http: //w ..southbendin,gov
We are submitting the attached Resolution in the interest of developing fair and
consistent personnel policies /procedures for all city elected officials, which are
not currently addressed by applicable state or federal laws.
Henry Davis, Jr. As elected public officials, we strive to work for the public good and in the best
Second District interest of the City of South Bend. In this way, we help build public confidence in
the integrity of city government, and its effective and fair operation.
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
Derek D. Dieter
At Large
Gavin Ferlic
At Large
When reviewing some of the governing laws, it is apparent that the Indiana
General Assembly has addressed such things as an absence or illness of a Mayor
or his/her inability to discharge his/her powers and duties in Indiana Code § 36 -4-
5-8, and when the office of the executive becomes vacant in Indiana Code § 36 -4-
5-9. Such specificity does not exit however for the City Clerk or the Common
Council. Additionally, there appear to be other personnel areas which may not be
addressed for all city elected officials.
We are therefore requesting that formal recommendations be developed, which
would be based on best practices, for all city elected public officials not currently
addressed by federal or state law, or governing case authority. Public discussion
on such recommendations would then take place, which would ultimately result in
policies /procedures reflecting the stewardship of the public to which we serve.
Thank you.
Karen L. White Most sincerely,
At Large
Dr. David Varner
5th District Council Member
Karen L. White
Council Member at Large
Tim Scott
1S strict our3pil Mgnber
C —
N,
Derek D. Dieter
Red In Clerk's Office
2014
E i
i
;&�N VOORDE
CITY CLERK, SOUTH BEND, IN
RESOLUTION NO. -14
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA ACCEPTING THE ADVISORY RECOMMENDATION OF THE BOARD
OF PUBLIC WORKS, RATIFYING, CONFIRMING AND APPROVING CERTAIN
ACTIONS AND APPROVING THE EXECUTION OF A PROJECT DEVELOPMENT
AGREEMENT WITH AMERESCO, INC. RELATED TO A GUARANTEED ENERGY
SAVINGS CONTRACT FOR CENTURY CENTER
WHEREAS, on November 25, 2013, the Common Council of the City of South Bend
( "Council ") adopted its Resolution No. 4302 -13 appointing the Board of Works ( "Board ") and the
Department of Public Works of the City of South Bend ( "Department ") as authorized agents of the
Council for purposes of meeting the provisions requited by IC 36 -1 -12.5 and other Indiana laws
leading up to the final review of and the execution by the Council of a Guaranteed Energy Savings
Contract for the use of energy saving technology at Century Center; and
WHEREAS, IC 36 -1- 12.5 -2.5 -2 defines a "guaranteed savings contract" as a contract to (i)
evaluate and recommend to the governing body conservation measures, and (ii) provide for the
implementation of at least one (1) conservation measure; and
WHEREAS, on August 7, 2014, the Board adopted its Resolution No. 35 -2014 confirming
the Board's compliance with IC 36 -1 -12 and further making its advisory recommendation to the
Common Council of the City of South Bend, Indiana that the Council approve and execute a
Project Development Agreement with Ameresco, Inc., the form of said agreement being attached
hereto and incorporated herein as Exhibit 1, and a copy of said Resolution No. 35 -2014 attached
hereto and incorporated herein as Exhibit2; and
WHEREAS, the Board has heretofore reviewed the proposed form of Project Development
Agreement as attached hereto and incorporated herein as Exhibit 1 to the Board's Resolution No.
35 -2014 and upon completion of the energy audit as described in the Project Development
Agreement, Ameresco shall prepare and deliver a Project Proposal which shall be incorporated into
a separate Energy Savings Contract which upon recommendation of the Board of Public Works is
intended to be approved and executed as a separate agreement by and between the Council and
Amerersco, Inc.
WHEREAS, the Board has affirmed that the actions referred to in its Resolution No. 35-
2014 were undertaken solely at the direction of and as authorized agents to the Council pursuant to
the Council's Resolution No. 3705 -07 and not on the Board's own behalf; and
WHEREAS, the Common Council of the City of South Bend desires to accept the Board's
advisory recommendation and to approve and execute the Guaranteed Energy Savings Contract
with such changes as may be suggested by the City's Department of Law; and
WHEREAS, the Common Council of the City of South Bend further desires to ratify,
confirm and approve various other actions undertaken to date by the Board and the Department in
1
*. *\Res 913CCound1 Project Development, Century Center—Ameresco—FINAL 14085
their respective capacities as authorized agents of the Common Council incidental to the authority
granted by Council Resolution No. 4302 -13.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, that:
Section 1. The Common Council of the City of South Bend hereby accepts the advisory
recommendation of the Board of Public Works of the City of South Bend that the Council
approval and execute a Project Development Agreement with Ameresco, Inc., the form of
said agreement being attached hereto and incorporated herein as Exhibit A with such
changes as may be suggested by the City's Department of Law with approval of such
changes evidenced by the execution and attestation respectively, of the agreement.
Section 2. The Common Council of the City of South Bend hereby authorizes the
execution of the documents as described in this Resolution and as presented at this meeting
with such changes as may be suggested by legal counsel with approval of such changes
evidenced by the execution and attestation respectfully, of the contract.
Section 3. The Common Council of the City of South Bend hereby acknowledges the
Board of Public Works assurance and commitment as expressed in the Board's Resolution
No. 35 -2014 that, upon approval and execution of the Project Development Agreement
and /or the Energy Savings Contract by the Council, staff members of the Department of
Public Works shall supervise all work done incidental to the Guaranteed Savings Contract
concerning Century Center, including the power to authorize change orders and ensure its
continue compliance with Indiana law and its continued adherence to the direction
expressed in the Council's Resolution No. 3705 -07.
Section 4. The Common Council of the City of South Bend hereby ratifies, confirms
and approves the actions taken by the Board of Public Works and the Department of Public
Works of the City of South Bend in their respective capacities as authorized agents to and on
behalf of the Common Council pursuant to the Council's Resolution No. 4302 -13.
Section 5. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
Adopted this _ day of
Mvk..- S 0 -- ,( V_
Member, South Bend Common 966ncil
2014. t�
courd aoftdr oil
2
-. -\Res SBCCouncil_Project Development, Century Center_Ameresco_FINAL 14085
Red ip Y"NeWs Office
I�.
CITY Gt.l:fi . ss , . iN POND, IN
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUDi BEND, INDIANA 46601 -1830
CRISTAL C. BRISCO
CORPORATION COUNSEL
CITY OF SOUTH BEND PETE BUTnGIEG, MAYOR
DEPARTMENT OF LAW
August 4, 2014
The South Bend Common Council
4`h Floor County -City Building
South Bend, Indiana 46601
PHONE 574/235 -9241
FAX 574/235 -7670
ALADEAN M. DEROSE
CrrY ATTORNEY
Re: Proposed Resolution Accepting Board of Public Works Advisory Recommendation and
Authorizing Execution of Project Development Agreement Related to Guaranteed Energy Savings
Contract for Century Center
Dear Council Members:
Under the provisions of Indiana Code 36 -1 -12.5, the South Bend Common Council as "governing body" of
a "political subdivision" is granted the authority to enter into a Guaranteed Energy Savings Contract as
defined by IC 36 -1- 12.5 -2. In accordance with the statute, the Council adopted its Resolution No. 4302 -13
on November 25, 2013 appointing the Board of Public Works (`Board ") as the Council's authorized agent
for purposes of meeting the requirements of IC 36 -1 -12.5 with respect to a Guaranteed Energy Savings
Contract for the use of energy saving technology at Century Center. In compliance with state law and the
authority granted by the Council as the Council's agent, the Board has reviewed a proposed form of Project
Development Agreement with Ameresco, Inc., a for- profit corporation providing comprehensive energy
efficiency and energy solutions for facilities throughout the United States. The Project Development
Agreement provides for the evaluation of energy conservation measures through an energy and
infrastructure audit and is consistent with the requirements of IC 36 -1 -12.5. It is anticipated that upon
completion of the energy audit and evaluation of the facility, Ameresco would prepare a proposal detailing
the scope of work for installation of energy improvements under a Guaranteed Energy Savings Contract.
The Guaranteed Energy Savings Contract will be reviewed by the Board and submitted to the Council for
its approval and execution by separate resolution.
This proposed Resolution is the second of three (3) resolutions which the Common Council would be asked
to act upon. Therese Dorau, Director of Sustainability, and Eric Horvath, Director of Public Works, will be
working with the Council in this matter, and Eric Horvath or his designee will present this Resolution.
Filed in Clerk's Office
FAU07-6 2014
_
JOHN VOORDB
CITY CLERK, SOUTH BEND, IN
Ntey and
Legal Counsel to the Board of Public Works
RESOLUTION NO. 35-2014
A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
CONFIRMING COMPLIANCE WITH IC 36- 1 -12 -1 ET SEQ.
AND RECOMMENDING TO THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA THE APPROVAL AND EXECUTION OF A PROJECT
DEVELOPMENT AGREEMENT WITH AMERESCO, INC. RELATED TO A
GUARANTEED ENERGY SAVINGS CONTRACT FOR CENTURY CENTER
WHEREAS, on November 25, 2013, the Common Council of the City of South Bend
( "Council ") adopted its Resolution No. 4302 -13 appointing the Board of Works ( "Board ") and the
Department of Public Works of the City of South Bend ( "Department ") as authorized agents of the
Council for purposes of meeting the provisions required by IC 36 -1 -12.5 and other Indiana laws
leading up to the final review of and the execution by the Council of a Guaranteed Energy Savings
Contract for the use of energy saving technology at Century Center; and
WHEREAS, IC 36 -1- 12.5 -2.5 -2 defines a "guaranteed savings contract" as a contract to (i)
evaluate and recommend to the governing body conservation measures, and (ii) provide for the
implementation of at least one (1) conservation measure; and
WHEREAS, in compliance with the requirements of Indiana law including, but not limited
to, IC 36 -1 -12.5, the Board has taken certain actions as authorized agent to the Council including
preparation of specifications and evaluation criteria for a Guaranteed Energy Savings Contract,
publication of notice as required by IC 36 -1- 12.5 -5 requesting qualified providers to submit
proposals, and has opened at a public meeting of the Board those proposals that were received in
response to the notice, and has evaluated said proposals; and
WHEREAS, the Board has heretofore reviewed the proposed form of Project Development
Agreement with Ameresco, Inc. as attached hereto and incorporated herein as Exhibit A which
provides for a detailed energy audit evaluating Century Center's conservation needs in anticipation
of a Guaranteed Energy Savings Contract to implement such conservation measures as are
determined through the energy audit; and
WHEREAS, the Department's legal counsel has determined that the proposed form of
Project Development Agreement is consistent with and meets the legal requirements of IC 36 -1-
12.5; and
WHEREAS, the Board affirms that the actions referred to in its Resolution No. 35 -2014 are
taken by the Board and the Department solely at the direction of and as authorized agents to the
Council and not on the Board's own behalf.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, that:
Section 1. The Board of Public Works hereby makes its advisory recommendation to
the Common Council of the City of South Bend that the Council approval and execute a
1
F: \ *. *\BPW\Resolutions\Res 35 -2014 - BPW Recommending Guaranteed Energy Savings at Century Center 070611
Project Development Agreement with Ameresco, Inc., the form of said agreement being
attached hereto and incorporated herein as Exhibit A with such changes as may be
suggested by legal counsel with approval of such changes evidenced by the execution and
attestation respectfully, of the agreement.
Section 2. Upon completion of the energy audit as described in the Project
Development Agreement, Ameresco shall prepare and deliver a Project Proposal which shall
be incorporated into a separate Energy Savings Contract which upon recommendation of
the Board of Public Works is intended to be approved and executed as a separate agreement
by and between the Council and Amerersco, Inc.
Section 3. The Board of Public Works hereby assures the Council that, upon approval
and execution of the Project Development Agreement and /or the Energy Savings Contract
by the Council, staff members of the Department of Public Works shall supervise all work
done incidental to the Guaranteed Savings Contract concerning Century Center, including
the power to authorize change orders.
Section 4. The Board of Works hereby assures the Council of the Board's continued
assistance as set forth in the Council's Resolution No. 4302 -13.
Section 5. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on _August 2014, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend,
Indiana 46601.
ATTEST:
Linda M. Martin, Clerk
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Patrick Henthorn, Member
Brian Pawlowski, Member
David Relos, Member
Kathryn Roos, Member
2
F: \ *. *\BPWU2esolutions\Res 35 -2014 - BPW Recommending Guaranteed Energy Savings at Century Center 070611
PROJECT DEVELOPMENT AGREEMENT
THIS PROJECT DEVELOPMENT AGREEMENT (this "Development Agreement") is
entered into as of the 7s' day of July, 2014, by and between the City of South Bend with a principal
business address at 227 West Jefferson Blvd, Suite 1400 N, South Bend, Indiana 46601 ("Client")
and Ameresco, Inc. having its principal place of business at 111 Speen Street, Suite 410,
Framingham, Massachusetts 01701 ( "Ameresco "). The Client and Ameresco may be referred to
herein individually as a "Pattj?' and collectively as the "Parties".
WHEREAS, Ameresco desires to perform certain energy services including a detailed
energy audit for Client at the facilities identified in Exhibit A attached hereto (the "Facilities"); and
WHEREAS, Client intends to enter into an energy services agreement ( "ESA") with
Ameresco for implementation of the Scope of Work (referred to below) identified by Ameresco as a
result of its work under this Development Agreement.
NOW THEREFORE, in consideration of the mutual promises and agreements contained
herein, the Parties hereto hereby agree as follows:
Ameresco shall complete the following work under this Development Agreement (the
"Development Work') in accordance with the Time Table set forth in Schedule 1 attached
hereto:
(a) conduct an energy and infrastructure audit of the Facilities;
(b) prepare and deliver to Client a proposal (the "Project Proposal'), which shall include:
(i) the proposed scope of work for installation of energy efficiency and
renewable energy improvements ("Scope of WodeJ which shall take into
account improvements already planned for the Facilities, based on a
schedule of planned improvements to be provided by Client to Ameresco
within ten (10). days of execution of this Development Agreement;
(ii) the implementation price for the Scope of Work (the "Implementation
Price'D; and
(iii) the estimated cost savings as a result of implementation of the Scope of
Work.
Coincident with the completion of the Development Work and Clienes notification that it has
approved the Scope of Work set forth in the Project Proposal, Ameresco will prepare and submit to
Client an ESA detailing the terms and conditions related to the implementation of the Project
Proposal.
2. Client hereby agrees that if it does not enter into the ESA with Ameresco within thirty (30) days
of submission of the Project Proposal, Client shall compensate Ameresco for its Project
Development Work by paying an audit fee to Ameresco in the amount of Fifty Five Thousand
Dollars ($55,000) (the "Project Development Fee"). The Project Development Fee shall be fully -
earned, due and payable by Client to Ameresco no later than forty -five (45) days after the date that
BPW Dnj 35 R)f f
�3�r A
Ameresco submits the Project Proposal to Client. If Client and Ameresco enter into an ESA which
includes the Scope of Work, Client will not be billed the Project Development Fee due under this
Project Development Agreement as the Implementation Price shall be all inclusive. In the unlikely
event that Ameresco is unable to develop a project that would result in sufficient energy savings
and /or avoided future capital or operational costs to Client so that the installation costs can be paid
from said savings over a period not to exceed 15 years, then Client is not obligated to reimburse
Ameresco the Development Fee; provided, however, that Ameresco will be deemed to have satisfied the
requirements of Section 1(b) above should Ameresco's failure to meet the requirements of such
section result from either (a) a material adverse change in Client's credit or bond rating or (b) an
increase in interest rates such that the costs associated with the Scope of Work increase due to
conditions beyond the control or fault of Ameresco.
3. Ameresco's receipt of an executed copy of this Development Agreement shall be evidence of
Client's agreement to the terms and conditions of this Development Agreement and its
authorization of and notification to Ameresco to proceed with the Project Development Work.
Ameresco will thereafter promptly initiate the Development Work.
4. This Development Agreement and exhibits hereto, if any, shall (a) constitute the entire
agreement between the Parties relating to the subject matter hereof, (b) supersede all previous
agreements, discussions, communications and correspondences with respect to the subject matter
hereof and (c) only be amended, supplemented or modified by a written instrument executed by
both Parties. If any provision of this Development Agreement is held by a court of competent
jurisdiction to be unenforceable, no other provision shall be affected thereby, and the remainder of
this Development Agreement shall be interpreted as if it did not contain such unenforceable
provision.
5. Client hereby agrees to provide timely and complete access to all necessary property and energy
consumption and cost records for the three (3) years preceding the commencement of Ameresco's
services. Client will make available the assistance of such personnel as may be necessary for
Ameresco's performance of the Development Work hereunder. If, during the performance of the
Development Work, Ameresco should conclude, as a result Ameresco may, by written notice to
Client, terminate this Agreement.
6. In no event shall Ameresco be liable for any special, consequential, incidental, punitive, exemplary
or indirect damages in tort, contract or otherwise, including, without limitation, loss of profits, loss of
use of the Facilities or other property, or business interruption, howsoever caused, in connection with
this Development Agreement.
7. Ameresco and Client represent and warrant to each other that (a) the execution, delivery and
performance of this Project Development Agreement have been duly authorized and approved by
all necessary organizational action on the part of such Party, (b) the signatories hereto have been
duly authorized by all necessary organizational action of such Party to sign and deliver this
Development Agreement and (c) upon execution this Development Agreement will constitute a
legal, valid and binding obligation of such Party.
8. In the event Customer and Ameresco fail to execute an ESA as provided in paragraph 2 above,
because Ameresco will not therefore be engaged to perform services in connection with the
Development Agreement DAC 7/7/14
6
implementation of its recommendations, Ameresco will have no control over such implementation
by the Client or any third party. Accordingly, Ameresco specifically and expressly disclaims all
responsibility for the use of or reliance upon such documents or memoranda by the Client or any
third party. Client hereby agrees to indemnify and hold harmless Ameresco for any liability, loss,
cost, expense, or damage which may result from the use of the documents and /or memoranda
provided by Ameresco hereunder in the implementation of the energy savings recommendations
made by Ameresco without its continued involvement.
9. This Development Agreement shall be governed by the laws of the State in which the Facilities
are located.
IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have
set their hand under seal on the date first written above with the intent to be legally bound.
CLIENT
Authorized Signature
Name
Title
Development Agreement DAC 7/7/14
AMERESCO, INC.
Authorized Signature
F
Title
EXHIBIT A
FACILITIES LIST
The Century Center
120 South Saint Joseph Street
South Bend, IN 46601
Phone: (574) 235 -9711
Fax: (574) 235 -9185
Development Agreement DAC 7/7/14
ri
EXHIBIT 1
TIME TABLE OF EVENTS
Development Agreement DAC 7/7/14
What
When
1
Execute Project -- Development
On or about August 1 ', 2014
Agreement - PDA
Review preliminary findings with City
2
of South Bend & Century Center
On or about August 15', 2014
Personnel
3
Review final project scope, costs, and
On or about September 15°i, 2014
savings with City of South Bend
Deliver Energy Services Agreement
4
(ESA) to Client
On or about September 301', 2014
Finalize Project Buildings Options —
Final Scope & Pricing
5
Financial Funding Discussion &
On or about September 15te — 30'
Review
G
Final Scope and Legal Review of
Completed on or about October 10',
Contract Documents
2014
y
Signing of Energy Service Agreement
",
[
On or about November 1 2014
8
Issuance of the "Notice to Proceed" by
",
Client to Ameresco
On or about November 1 2014
Ameresco issues construction contracts
9
to subcontractors and equipment
By November 30`", 2014
suppliers
10
Construction begins
On or before December, 2014
11
Development Agreement DAC 7/7/14
PROJECT DEVELOPMENT AGREEMENT
THIS PROJECT DEVELOPMENT AGREEMENT (this "Development Agreement") is
entered into as of the 7' day of July, 2014, by and between the City of South Bend with a principal
business address at 227 West Jefferson Blvd, Suite 1400 N, South Bend, Indiana 46601 ( "diem")
and Ameresco, Inc. having its principal place of business at 111 Speen Street, Suite 410,
Framingham, Massachusetts 01701 ( "Ameresco "). The Client and Ameresco may be referred to
herein individually as a "Patty' and collectively as the "Parties".
WHEREAS, Ameresco desires to perform certain energy services including a detailed
energy audit for Client at the facilities identified in Exhibit A attached hereto (the "Facilities"); and
WHEREAS, Client intends to enter into an energy services agreement ( "ESA") with
Ameresco for implementation of the Scope of Work (referred to below) identified by Ameresco as a
result of its work under this Development Agreement.
NOW THEREFORE, in consideration of the mutual promises and agreements contained
herein, the Parties hereto hereby agree as follows:
1. Ameresco shall complete the following work under this Development Agreement (the
"Development Worn') in accordance with the Time Table set forth in Schedule 1 attached
hereto:
(a) conduct an energy and infrastructure audit of the Facilities;
(b) prepare and deliver to Client a proposal (the "Project Proposal'), which shall include:
(i) the proposed scope of work for installation of energy efficiency and
renewable energy improvements ("Scope of Wotk) which shall take into
account improvements already planned for the Facilities, based on a
schedule of planned improvements to be provided by Client to Ameresco
within ten (10) days of execution of this Development Agreement;
(ii) the implementation price for the Scope of Work (the "Implementation
Price "); and
(iii) the estimated cost savings as a result of implementation of the Scope of
Work.
Coincident with the completion of the Development Work and Client's notification that it has
approved the Scope of Work set forth in the Project Proposal, Ameresco will prepare and submit to
Client an ESA detailing the terms and conditions related to the implementation of the Project
Proposal.
2. Client hereby agrees that if it does not enter into the ESA with Ameresco within thirty (30) days
of submission of the Project Proposal, Client shall compensate Ameresco for its Project
Development Work by paying an audit fee to Ameresco in the amount of Fifty Five Thousand
Dollars ($55,000) (the "Project Development Fee?). The Project Development Fee shall be fully -
earned, due and payable by Client to Ameresco no later than forty -five (45) days after the date that
Ameresco submits the Project Proposal to Client. If Client and Ameresco enter into an ESA which
includes the Scope of Work, Client will not be billed the Project Development Fee due under this
Project Development Agreement as the Implementation Price shall be all inclusive. In the unlikely
event that Ameresco is unable to develop a project that would result in sufficient energy savings
and /or avoided future capital or operational costs to Client so that the installation costs can be paid
from said savings over a period not to exceed 15 years, then Client is not obligated to reimburse
Ameresco the Development Fee; provided, however, that Ameresco will be deemed to have satisfied the
requirements of Section 1(b) above should Ameresco's failure to meet the requirements of such
section result from either (a) a material adverse change in Client's credit or bond rating or (b) an
increase in interest rates such that the costs associated with the Scope of Work increase due to
conditions beyond the control or fault of Ameresco.
3. Ameresco's receipt of an executed copy of this Development Agreement shall be evidence of
Client's agreement to the terms and conditions of this Development Agreement and its
authorization of and notification to Ameresco to proceed with the Project Development Work.
Ameresco will thereafter promptly initiate the Development Work.
4. This Development Agreement and exhibits hereto, if any, shall (a) constitute the entire
agreement between the Parties relating to the subject matter hereof, (b) supersede all previous
agreements, discussions, communications and correspondences with respect to the subject matter
hereof and (c) only be amended, supplemented or modified by a written instrument executed by
both Parties. If any provision of this Development Agreement is held by a court of competent
jurisdiction to be unenforceable, no other provision shall be affected thereby, and the remainder of
this Development Agreement shall be interpreted as if it did not contain such unenforceable
provision.
5. Client hereby agrees to provide timely and complete access to all necessary property and energy
consumption and cost records for the three (3) years preceding the commencement of Ameresco's
services. Client will make available the assistance of such personnel as may be necessary for
Ameresco's performance of the Development Work hereunder. If, during the performance of the
Development Work, Ameresco should conclude, as a result Ameresco may, by written notice to
Client, terminate this Agreement.
6. In no event shall Ameresco be liable for any special, consequential, incidental, punitive, exemplary
or indirect damages in tort, contract or otherwise, including, without lim tation, loss of profits, loss of
use of the Facilities or other property, or business interruption, howsoever caused, in connection with
this Development Agreement.
7. Ameresco and Client represent and warrant to each other that (a) the execution, delivery and
performance of this Project Development Agreement have been duly authorized and approved by
all necessary organizational action on the part of such Party, (b) the signatories hereto have been
duly authorized by all necessary organizational action of such Party to sign and deliver this
Development Agreement and (c) upon execution this Development Agreement will constitute a
legal, valid and binding obligation of such Party.
8. In the event Customer and Ameresco fail to execute an ESA as provided in paragraph 2 above,
because Ameresco will not therefore be engaged to perform services in connection with the
Development Agreement DAC 7/7/14
6
EXHIBIT 1
TIME TABLE OF EVENTS
Development Agreement DAC 7/7/14
What
When
1
Execute Project - Development
Agreement - PDA
On or about August 16`, 2014
Review preliminary findings with City
2
of South Bend & Century Center
Personnel
On or about August 15', 2014
3
Review final project scope, costs, and
savings with City of South Bend
O
n or about September 15', 2014
Deliver Energy Services Agreement
4
(ESA) to Client
On or about September 30`", 2014
Finalize Project Buildings Options —
Final Scope & Pricing
5
Financial Funding Discussion &
On or about September 15' — 30'
Review
6
Final Scope and Legal Review of
Completed on or about October 10 ',
Contract Documents
2014
7
Signing of Energy Service Agreement
[ESA]
On or about November 1�`, 2014
8
Issuance of the "Notice to Proceed" by
Client to Ameresco
On or about November 1 ", 2014
Ameresco issues construction contracts
9
to subcontractors and equipment
By November 30" 2014
suppliers
10
Construction begins
On or before December, 2014
11
Development Agreement DAC 7/7/14
Ameresco submits the Project Proposal to Client. If Client and Ameresco enter into an ESA which
includes the Scope of Work, Client will not be billed the Project Development Fee due under this
Project Development Agreement as the Implementation Price shall be all inclusive. In the unlikely
event that Ameresco is unable to develop a project that would result in sufficient energy savings
and /or avoided future capital or operational costs to Client so that the installation costs can be paid
from said savings over a period not to exceed 15 years, then Client is not obligated to reimburse
Ameresco the Development Fee; provided, however, that Ameresco will be deemed to have satisfied the
requirements of Section 1(b) above should Ameresco's failure to meet the requirements of such
section result from either (a) a material adverse change in Client's credit or bond rating or (b) an
increase in interest rates such that the costs associated with the Scope of Work increase due to
conditions beyond the control or fault of Ameresco.
3. Ameresco's receipt of an executed copy of this Development Agreement shall be evidence of
Client's agreement to the terms and conditions of this Development Agreement and its
authorization of and notification to Ameresco to proceed with the Project Development Work.
Ameresco will thereafter promptly initiate the Development Work.
4. This Development Agreement and exhibits hereto, if any, shall (a) constitute the entire
agreement between the Parties relating to the subject matter hereof, (b) supersede all previous
agreements, discussions, communications and correspondences with respect to the subject matter
hereof and (c) only be amended, supplemented or modified by a written instrument executed by
both Parties. If any provision of this Development Agreement is held by a court of competent
jurisdiction to be unenforceable, no other provision shall be affected thereby, and the remainder of
this Development Agreement shall be interpreted as if it did not contain such unenforceable
provision.
5. Client hereby agrees to provide timely and complete access to all necessary property and energy
consumption and cost records for the three (3) years preceding the commencement of Ameresco's
services. Client will make available the assistance of such personnel as may be necessary for
Ameresco's performance of the Development Work hereunder. If, during the performance of the
Development Work, Ameresco should conclude, as a result Ameresco may, by written notice to
Client, terminate this Agreement.
6. In no event shall Ameresco be liable for any special, consequential, incidental, punitive, exemplary
or indirect damages in tort, contract or otherwise, including, without limitation, loss of profits, loss of
use of the Facilities or other property, or business interruption, howsoever caused, in connection with
this Development Agreement.
7. Ameresco and Client represent and warrant to each other that (a) the execution, delivery and
performance of this Project Development Agreement have been duly authorized and approved by
all necessary organizational action on the part of such Party, (b) the signatories hereto have been
duly authorized by all necessary organizational action of such Party to sign and deliver this
Development Agreement and (c) upon execution this Development Agreement will constitute a
legal, valid and binding obligation of such Party.
8. In the event Customer and Ameresco fail to execute an ESA as provided in paragraph 2 above,
because Ameresco will not therefore be engaged to perform services in connection with the
Development Agreement DAC 7/7/14
IN
implementation of its recommendations, Ameresco will have no control over such implementation
by the Client or any third party. Accordingly, Ameresco specifically and expressly disclaims all
responsibility for the use of or reliance upon such documents or memoranda by the Client or any
third party. Client hereby agrees to indemnify and hold harmless Ameresco for any liability, loss,
cost, expense, or damage which may result from the use of the documents and /or memoranda
provided by Ameresco hereunder in the implementation of the energy savings recommendations
made by Ameresco without its continued involvement.
9. This Development Agreement shall be governed by the laws of the State in which the Facilities
are located.
IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have
set their hand under seal on the date first written above with the intent to be legally bound.
CLIENT
Authorized Signature
Name
Title
Development Agreement DAC 7/7/14
AMERESCO, INC.
Authorized Signature
Name
Title
EXHIBIT A
FACILITIES LIST
The Century Center
120 South Saint Joseph Street
South Bend, IN 46601
Phone: (574) 235 -9711
Fax: (574) 235 -9185
Development Agreement DAC 7/7/14
EXHIBIT 1
TIME TABLE OF EVENTS
Development Agreement DAC 7/7/14
What
When
1
Execute Project Development
Agreement - PDA
On or about August 1 ", 2014
Review preliminary findings with City
2
of South Bend & Century Center
Personnel
On or about August 15`h, 2014
3
Review final project scope, costs, and
savings with City of South Bend
On or about September 15', 2014
Deliver Energy Services Agreement
4
(ESA) to Client
On or about September 30 ", 2014
Finalize Project Buildings Options —
Final Scope & Pricing
5
Financial Funding Discussion &
On or about September 1501— 30th
Review
G
Final Scope and Legal Review of
Completed on or about October 10'",
Contract Documents
2014
7
Signing of Energy Service Agreement
[ESA]
On or about November 1 ", 2014
8
Issuance of the "Notice to Proceed" by
Client to Ameresco
On or about November 1 ", 2014
Ameresco issues construction contracts
9
to subcontractors and equipment
By November 30'", 2014
suppliers
10
Construction begins
On or before December, 2014
11
Development Agreement DAC 7/7/14