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Department of
Community Investment
2865
Memorandum
December 11, 2014
TO: Redevelopment Commission
FROM: Brock Zeeb, Economic Resources
SUBJECT: Agreement for Services - Parks Department snow removal for
Commission owned properties
This Agreement for Services is to have the Parks Dept. perform snow removal services
for Redevelopment Commission owned properties. The snow removal costs paid to
Parks to perform this service is the same as last year, with the exception that last year a
snow blower was acquired, and this year that cost will not be incurred.
Cost for this service is $17,000 for the first 14 weeks, with a weekly charge of $1,197.25
for any additional weeks snow removal may be needed.
Staff requests approval of the Agreement for Services with the Parks Department.
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227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX: 574-235-9021 SOUTHBENDIN.GOV
AGREEMENT FOR SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA,
DEPARTMENT OF PARKS AND RECREATION
AND THE CITY OF SOUTH BEND, INDIANA,
DEPARTMENT OF REDEVELOPMENT
THIS AGREEMENT FOR SERVICES (this "Agreement') is made effective this day of
December 2014, by and between the City of South Bend, Indiana(the"City")Department of Parks
and Recreation, acting by and through the South Bend Park Board ("Park Board") and the City of
South Bend, Indiana, Department of Redevelopment, acting by and through the South Bend
Redevelopment Commission (the "Commission").
For and in consideration of the mutual covenants and promises contain herein, the Park
Board and the Commission hereby agree as follows:
Section 1. Duties of the Park Board.
The Park Board shall provide the services stated in Exhibit A attached hereto and incorporated
herein (the "Services")at the locations and properties identified in Exhibit B attached hereto and
incorporated herein. The Park Board shall execute its responsibilities in accordance with the
prevailing standard of care for projects of similar design and complexity.
Section 2. Consideration.
The Park Board shall be paid based on invoices provided in accordance with the Billing Detail set
forth in Exhibit A.
Section 3. Term.
This Agreement shall be effective as of the day and year first written above ("Effective Date").
Performance shall commence with the first significant snow fall of the season and shall continue
for a period of fourteen (14) weeks thereafter with provision for extended services after such
fourteen (14) week period as described in Exhibit A.
Section 4. Assignment;Successors.
The Park Board shall not assign or subcontract the whole or any part of this Agreement without
the prior written consent of the Commission.
Section 5. Changes in Scope of Services.
The Park Board understands and agrees that it shall not commence any additional work or change
the scope of the agreed Services unless authorized in writing by the Commission. For any change
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in the scope of Services or for any work for which the Park Board shall be compensated beyond
the amounts described in Exhibit A, the Park Board shall provide a written request to the
Commission. No claim for additional compensation shall be made by the Park Board in the
j absence of prior written approval by the Commission.
Section 6. Reserved.
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Section 7. Relationship/Independent Contractor.
All parties, in the performance of the Agreement, shall act in an individual capacity and not as
agents, employees, partners, joint ventures or associates of one another. The employee(s) or
agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s)of any
other party for any purpose whatsoever. No party will assume liability for any injury (including
death) to any person(s), or damage to any property, arising out of the acts of omissions of the
agents, employees or subcontractors of any other party. The Park Board shall be solely
responsible for providing all necessary unemployment and workers' compensation insurance for
the Park Board's employees.
The Park Board is solely responsible for compliance with federal, state and local laws and
regulations relating to taxes and social security payments that may be required to be made in
connection with the compensation provided under this Agreement. The Commission, however,
may file informational returns with the United States Internal Revenue Service or similar state
agency regarding payment made to the Park Board in accordance with the Agreement if required
') under federal, state or local laws applicable to such payment.
Section 8. Funding Cancellation and Payments.
Payments to the Park Board under this Agreement will be appropriated by the Commission in
accordance with and subject to IC 6-1.1-18.
Section 9. Non-Collusion and Acceptance.
The undersigned attests,subject to the penalties for perjury,that he/she is a member of the Park
Board, and that he/she is the properly authorized representative, agent, member or officer of
the Park Board, that he/she has not, no has any other member, employee, representative,agent
or office of the Park Board, directly or indirectly, to the best of the undersigned's knowledge,
entered into or offered to enter into any combination, collusion or agreement to receive or pay,
and that he/she has not received or paid, any sum of money or other consideration for the
execution of this Agreement other than that which appears upon the face of this Agreement.
Section 10. E-Verify.
The Park Board affirms under the penalties of perjury that it does not knowingly employ an
unauthorized alien. The Park Board has enrolled in and will verify the work eligibility status of all
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its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Park
Board shall not knowingly employ or contract with an unauthorized alien. The Park Board shall
not retain an employee or contract with a person that the Park Board subsequently learns to be
an unauthorized alien.
The Park Board is not required to participate in the E-Verify program should the E-Verify program
cease to exist.
The Park Board shall require any subcontractors who perform work under this Agreement, to
certify to the Park Board that the subcontractor does not knowingly employ or contract with an
y unauthorized alien and the subcontractor has enrolled and is participating in the E-Verify
program. The Park Board agrees to maintain this certification throughout the duration of the
term of any contract with any subcontractor.
The Commission may terminate the Agreement for default if the Park Board fails to cure a breach
of this provision no later than thirty (30) days after being notified by the Commission of such
breach.
Section 11. Minority and Women's Enterprise Diversity Development.
Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the
City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire,tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, or
disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work labor, services, supplies, equipment materials or
any combination of the foregoing including, but not limited to public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law, the
City, its agencies, boards, or commissions may consider the Park Board's good faith efforts to
j obtain participation by those contractors certified by the State of Indiana as a Minority Business
Enterprise ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the
lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE;however, it may not unlawfully discriminate against said WBE/MBE.
A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that
person or entity from being awarded a City contract for a period of one (1)year from the date of
such determination,and such determination may also be grounds for terminating the contact for
which the discriminatory practice noncompliance pertains.
Notwithstanding the forgoing,the award and performance of all City contracts shall comply with
applicable federal, state, and local laws.
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Section 12. Signing Authority.
The persons signing on behalf of the Park Board represent that he/she has been duly authorized
to execute this Agreement on behalf of the Park Board, and has obtained all necessary and
applicable approvals to make this Agreement fully binding upon the Park Board upon execution
by the Commission.
The persons signing on behalf of the Commission represent that he/she has been duly authorized
to execute this Agreement on behalf of the Commission, and has obtained all necessary and
applicable approvals to make this Agreement fully binding upon the Commission upon execution
by the Park Board.
Section 13. Drug-Free Workplace.
The Park Board hereby agrees to make a good faith effort to provide and maintain a drug-free
workplace. The Park Board will give written notice to the Commission with ten (10) days after
receiving actual notice that an employee of the Park Board has been convicted of a criminal drug
violation occurring in the workplace.
Section 14. Governing Law; Compliance with Laws.
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This Agreement shall be construed and interpreted according to the laws of the State of Indiana.
The Park Board agrees to comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby are hereby incorporated herein
by reference. The Park Board shall comply with federal, state and local law in its hiring and
employment practices and policies for any activity covered by this Agreement. Further, the
Commission shall not be required pay for services that are inconsistent with or in violation of this
Agreement for any Services performed in violation of federal,state or local statue ordinance, rule
or regulation.
Section 15. Entire Agreement.
This Agreement sets forth the entire agreement and understanding between the parties as to the
subject matter hereof, and merges and supersedes all prior discussions, agreements, and
understanding of any and every nature between them.
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\ IN WITNESS WHEREOF, be pages hereto, through +@r duly authorized representatives, have
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a @ used this A r eme%to be executed as J±the day and year first written abov E The p qS have read
) and understand the for g in terms of this A ree me m and d$b+wrrespective signatures herb agree
] mist terms.
)\ ON OF SOUTH BEND
jDEPARTMENT OFPARKS AND RECREATION
) Date:
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) Signature
) Printed Name and Title
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South B nd Park Bo r
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ATTEST:
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/ Signature
) m_J A_and Title
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South Bend Park Board
\ CITY OF SOUTH BEND
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DEPARTMENT OF REDEVELOPMENT
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) Date:
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Signature
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Printed Name and Title
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\ South Bend Re deelopmentCommission
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] ATTET
) Signature
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) Printed Name and Title
) South B nd Redevelopment commission
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EXHIBIT A
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for
SOUTH BEND CA PRA
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PARKS & RECREATION g ACCRED
DEPARTMENT
11/20/2014
Redevelopment Snow Removal Proposal
John Martinez
a Superintendent
jmartine @southbendin.gov
235-7645
Summary: To address the removal of snow on Redevelopment properties over the course
of a 14 week period during the winter months. Start date will be at the first significant
snow fall. The properties in question have been identified and provided by Redevelopment.
Properties added after the fact will be subject to independent billing beyond the original
agreement. If the winter months should last longer than the proposed 14 week budget, we
can bill individually for each additional week needed.
Statement of Need: Proposed cost covers the employee wages, supervision, vehicle cost,
repair, and gasoline costs incurred by the snow removal.
Project Description: Snow will be removed on previously identified properties Monday
through Friday, 5AM through 1PM, with a variety of tools including shovels, snow throwers,
and a 4x4 plow. Properties will be cleaned on a priority basis in accordance to their
amount of foot traffic and we will log the individual dates and times the snow is removed.
This will help keep track of how often and when the walks and crossings get snow pushed
back onto them by street plowing.
Billing Details: An invoice for the amount of $17,000 will be generated by Parks and
submitted to Redevelopment Commission for payment. The billed amount covers the 14
weeks of snow removal previously discussed in the summary. Additional properties added
throughout the course of the year will be billed at $29.93 an hour for removal efforts. This
will be billed in .25 hour increments. If snow removal is needed longer than the 14 week
time frame, we can perform the removal on a week by week basis, with a billed $1,197.25
per week.
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EXHIBIT B
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] Redevelopment
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Commission and
Redevelopment
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Authority Sidewalk
\ Snow Removal List
} Cur e t Current Tax Key -Property Address - Property Di Mpon Cost
} Fuera Number
-7001-0013 20 E S Sample former Sin co Pool!R
18-7001-0014 130 E Sample 7. En art Motors
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18-8001-0003 912-1015 y Lafayette B&%
Former ZIQk*s i
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Properties Ca a ctte
{ ' mmafo%g of
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18-3042-1607 802-910-917 Lafayette £orner Hamilton
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Towing
] 18-8004-0222 1303 S. Michigan Former Kitty\a
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Properties
] . 1315 S. Michigan Former Kitty\a
]
Properties
] 1321-1325 S. y|m&an £og=2 Kitty Kat
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Properties
\ 18-015-578 511-515-517 y vain 2. Old Stud 5akJ
\ Museum LolAll four
) sides of this Uo t
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18-3008-0265 to 0267 275331-333935 S. Main y. Gates Use Sales, Lm
) Sot£»l Corner of
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Main and Western .
] 18-3009-0308 325829 S. R@p#e fmm2 Sc ill»g
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Bldg. Parking area u
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against theNo«6 side
] ofbuilding.
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18-3012-044002 » 331/410 Wayne k Qy2 Auto Service.
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044003 B d.
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18-3010-0336 to 0337 118-124 S.Williams a. forme Madison
) Center now avcan!
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18-3012-0412 318 Taylor 2z 501 WeGm Vacant Lot forme
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Fred's T anSmGWo
18-3017-0628 to 0632 505-507-513 S 9|m&an former£a Daddies
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) 18-3061-235103 533 Chapin St. Oliver mow Chapin Street
) Frontage a d trail
jthrough P£\to
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Arnold St.
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18-3007-0231 213217& Main y; 21 W. Sot West Come of
] Jefferson Main and Jefferson
\ Downtown
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