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HomeMy Public PortalAbout118-2013 - Metro - Dave Burns - Memorandum of Understanding - Unsafe BuildingMEMORANDUM OF UNDERSTANDING THI MEMORANDUM OF UNDERSTANDING is entered. into this _ day of fJ , 2013, by and between the City of Richmond, Indiana, through its Board of Publi Works and Safety (hereinafter referred to as "CITY") and Dave Bums, 2536 SW "M" Street, Richmond, Indiana (hereinafter referred to as "Contractor"). WHEREAS, The CITY has or will enter into a Contribution Agreement ("Contribution Agreement) with the Economic Growth Group of Richmond Indiana Inc. ("EGG") a not -for -profit domestic corporation, designated by the City as Contract No. 117-2013, which Contribution Agreement will allow EGG to contribute a total amount of up to One Hundred Thousand Dollars and Zero Cents ($100,000.00) to CITY in connection with the demolition of structures that have been determined to be unsafe and blighted properties by the City of Richmond Unsafe Building Commission ("unsafe structures") during the 2013 or 2014 calendar years pursuant to Indiana Code 36-7-9- 1 et seq. ("Unsafe Building Law"); WHEREAS, An Ordinance designated as Ordinance No. 41-2013 has been or will be submitted to the Common Council of the City of Richmond in order that said donation from EGG to CITY as outlined in the Contribution Agreement may be formally accepted and appropriated by CITY; and WHEREAS, EGG has stipulated that it wishes that a portion of the funds be paid for CITY to temporarily hire Contractor as an independent contractor to provide freelance field research and consulting services in connection with the Indiana Unsafe Building Law; and WHEREAS, This Memorandum of Understanding is expressly contingent upon the passage and full execution of the Contribution Agreement between EGG and CITY and the Parties wish to set forth the terms, conditions, and scope of Contractor's duties and responsibilities in connection with any activities CITY may conduct in connection with the Unsafe Building Law process. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, including the above stated recitals, CITY, by and through its Board of Public Works and Safety, and Contractor hereby agree as follows: 1. This Memorandum of Understanding is expressly contingent upon the Contribution Agreement that has been or will be entered into by EGG and CITY, in order that Contractor may be paid from the funds contributed by EGG to CITY. Contract No. 118-2013 Page I of 5 2. In the event the Contribution Agreement is not fully executed and entered into by CITY and EGG prior to or contemporaneously with this Memorandum of Understanding, this Memorandum of Understanding will not take effect. In the event CITY fails to receive any monies from EGG pursuant to the Contribution Agreement, this Memorandum of Understanding will become null and void or will not take effect. In the event the Contribution Agreement becomes null or void or is mutually terminated by both EGG and CITY, this Memorandum of Understanding will become null and void, provided that Contractor will receive his pro-rata share of any amounts owed to him during the month this Agreement was voided. In the event this Memorandum of Understanding is terminated by CITY for any reason, CITY shall notify Contractor both Contractor and EGG in writing by giving at least five (5) working days written notice specifying the effective date of termination and the reasons for termination, which reasons shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, CITY shall be required to make payment for all work performed prior to the effective date by Contractor, including any pro-rata shares due and owing to Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 3. Contractor shall be deemed to be an independent contractor and is not an employee or agent of CITY. The Contractor shall provide, at his own expense, competent supervision of the work, provided that Contractor shall report his activities in connection with this Memorandum of Understanding to Bruce Osterling as CITY's Building Commissioner (`Building Commissioner") and shall consult with the Building Commissioner in connection with Contractor's scope, duties, and responsibilities in connection with the CITY's Unsafe Building Law process and procedures. The Contractor shall furnish all labor, material, equipment, vehicles, and services necessary which are incidental to the proper completion of all work specified provided that CITY may furnish Contractor with a safety vest to be worn when Contractor is performing duties in accordance with this Memorandum of Understanding. 4. This Memorandum of Understanding shall not be construed to apply any third -party beneficiary status to any other individual or entity whatsoever, nor to any Contractor selected by CITY for the demolition services to be provided under the Unsafe Building Law or any other applicable laws governing the demolition or removal of the unsafe structures. Page 2 of 5 5. This Memorandum of Understanding shall become effective when signed by all Parties and when approved and executed by EGG and shall continue in effect until August 31, 2014, or until all properties targeted by CITY for demolition under the Unsafe Building Law during the 2013 and 2014 calendar years are demolished, whichever is earlier. 6. In consideration for the services to be provided herein, Contractor shall be paid an amount not to exceed the sum of One Thousand Dollars and Zero Cents ($1,000.00) per month for the work required pursuant to this Memorandum of Understanding. All invoices for services hereunder shall be submitted by Contractor in the name of Contractor, and reported for state and federal income tax reporting purposes under the federal tax identification number of Contractor. 7. The scope of Contractor's work shall include, but not be limited to, the following: (a) Field research including photographing and documentation of potential unsafe buildings (as determined by the Building Commissioner) to be used and included in monthly reports; (b) Meet and consult with CITY as to results of field research and documentation disclosing results of said field research, which monthly reporting shall consist of approximately forty (40) to sixty (60) properties per month; (c) Consulting with CITY as to demolition and oversight of unsafe building demolition, including but not limited to amount and or weight of refuse and debris removed from individual properties; and (d) Special consulting or field research projects as determined by the City's Building Commissioner, including field research involving blighted structures; and (e) Assimilation of data into a usable format or excel format or database to be used by the Building Commissioner. S. Contractor understands, acknowledges, and agrees that any private address Contractor visits within the City of Richmond corporation limits in connection with the scope of his duties pursuant to Paragraphs 7(a) and (c) above, despite being up for initial consideration, ultimately may or may not be included in any "final" unsafe building list that CITY determines will be submitted to the City of Richmond Unsafe Building Commission and, as such, Contractor shall not discuss or disclose which private addresses he researches, documents, or photographs with any other person or entity other than the City's Building Commissioner or as directed by the Director of the Department of Metropolitan Development. Any documentation, photographic evidence, list, or other record or report maintained or created by Contractor in connection with this Memorandum of Understanding shall be the property of the Richmond Department of Metropolitan Development to be maintained in any applicable individual address permit and/or unsafe building files and shall not be the physical or intellectual property of Contractor. 9. Contractor hereby agrees to release and hold harmless CITY and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of his obligations pursuant to this Agreement. 10. Pursuant to Indiana Code 22-9-1-10, Contractor or any person acting on behalf of Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Page 3 of 5 11. Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program (if applicable). Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City his signed Affidavit affirming that Contractor is not an unauthorized alien and/or does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. 12. Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. 13. This Agreement shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. 14. Any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract. 15. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. (Signature page to follow.) Page 4 of 5 16. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works & Safety By: T�6 f Pw Vicki Robinson, President r By: Dian Lawson, Member LN Anthony L. Foster, II, Member Date: APPROVED: Sarah L. Hutton, Mayor Date: G / "CONTRACTOR" DAVE BURNS Dave Burns Date: g /� �o l APPROVED: ECONOMIC GROWTH GROUP OF INDIANA INC. 33 South 7`h Street Richmond, IN 47374 Mike Allen, Director Date: *—1 �- /3 Page 5 of 5