BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN Council Chambers Courtroom - Citizens Square
200 East Berry Street, Room 035 Fort Wayne, Indiana 46802
AGENDA
Commissioners' Legislative Session 10:00 AM Friday, December 20, 2019
Call to Order
Pledge of Allegiance and Moment of Silence
1. Items for Consideration:
1.a Approve of minutes of December 13, 2019 legislative session. 12-13-19 Minutes.pdf
1.b Award of Bid#29-19 including base bid and all alternates to Gleave Construction for the Allen County War Memorial Coliseum 2020 Decorative Fence Project in the amount of $138,000.00. Service Agreement - Gleave Construction Bid - Gleave Construction
1.c Agreement between the Board of Commissioners and Executive Management Services, Inc for daily cleaning of various county-owned buildings EMS agreement 12162019.pdf
1.d Project Coordination Contract between the Board of Commissioners and Indiana Department of Transportation for Bass Rd – Phase 3B – 2900’ West of Hadley Rd to Brenton Glens Drive, Des # 1901699, LPA Project # 1200419; in the federal funds award amount of $4,250,000.00. Bass Rd Phase 3B, 1901699, 20-L190197.pdf
1.e Project Coordination Contract between the Board of Commissioners and Indiana Department of Transportation for Bass Rd Bridge # 82 over Anderson # 1 Drain, Des # 1901884, LPA Project # 0400119; in the federal funds award amount of $5,680,000.00. Bass Rd Bridge #82, 1901884, 20-L190192.pdf
1.f Amendment to Agreement between the Board of Commissioner and American Structurepoint, Inc. for inspection services on the upcoming Bass Rd – Phase 2A project due to the removal of Phase 1B from the construction letting. Amendment 1_Bass Road_Structurepoint Signed.pdf
1.g Amendment # 1 to the Agreement between the Board of Commissioners and Lochmueller Group, Inc. for Union Chapel Rd, East of Tonkel Rd for additional right-of-way engineering services, Project # 1800718; in the amount of $3,605.00 (increase). Amend #1 Project #1800718 .pdf
1.h Agreement between the Board of Commissioners, NewAllen Alliance, and Sturtz Public Management Group, LLC for Rural Community Liaison SturtzPMG 2020 Community Liaison Contract NewAllen Administration Spreadsheet (Autosaved).xlsx
1.i Agreement for economic development services with Greater Fort Wayne, Inc for 2020. 2020 Draft GFW v5.doc
1.j Resolution of the Board of Commissioners affirming support for advancing family initiatives.
1.k Payment of settlement and release of all claims in case of Trina Haywood v. Allen County Sheriff. Settlement - Haywood.pdf
1.l Settlement agreement and release of of all claims in case of Nicole Barrett v. Allen County Board of Commissioners, Myrna Green, Mallory Kuter and Allen County Sheriff. BARRETT SETTLEMENT AGREEMENT.pdf
1.m Agreement between the Board of Commissioners and Beers Mallers Backs & Salin, LLP for the performance of legal work for and on behalf of the Commissioners. Contract BMBS.pdf
1.n Plats for Approval: a) Wood Creek Reserve, Section 2 b) Tullymore Run, Section 1 and Tullymore Villas section 1 c) Tullymore Run, Section 2
2. Consideration of Claims Submitted for Payment
2.a For the period of December 10, 2019 to December 17, 2019. 12102019-12172019.xlsx
3. Other Business:
4. Approval to waive the 2nd Reading on any matter approved today and for which it may be deemed necessary for today's Legislative Session.
5. Comments from the Public
6. Motion to Adjourn
Allen County does not discriminate because of disability in the admission to, or treatment or employment in, its programs or activities. The Human Resources Director has been designated to coordinate compliance with nondiscrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided therein, and Allen County's ADA policy is available from the ADA Coordinator. Suggestions on how the County can better meet the needs of persons with disabilities may be submitted to the ADA coordinator at: Human Resources Department, 200 East Berry Street, Suite 380, Fort Wayne, IN 46802, or by phone at (260) 449-7217. AGENDA ITEM NO. 1.a
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Robin Minniear, Administrative Assistant
ITEM TYPE: Legal Proceeding
AGENDA SECTION: Items for Consideration:
SUBJECT: Approve of minutes of December 13, 2019 legislative session.
SUGGESTED ACTION:
ATTACHMENTS: 12-13-19 Minutes.pdf BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN Council Chambers Courtroom - Citizens Square
200 East Berry Street, Room 035 Fort Wayne, Indiana 46802
MINUTES
Commissioners' Legislative Session 10:00 AM Friday, December 13, 2019
Commissioners Present: Richard E Beck, Therese M Brown, F. Nelson Peters Commissioners Absent:
Others Present: Chris Cloud, Chief of Staff Michael Green, Public Information Officer Bill Fishering, County Attorney Robin Minniear, Administrative Assistant Deb Hudson, HR Insurance Manager Bill Hartman, Highway Director Tom Fox, ACDEM Jodi Leamon, ACDEM Chris Himsel, NWAC Superintendent
Call to Order The meeting was called to order by Commissioner Nelson Peters at 10:01 AM. He introduced Northwest Allen County Schools Superintendent Chris Himsel, who is the grandson of Arthur R. Himsel. Commissioner Therese Brown was recently named the recipient of the Arthur R. Himsel Award by the Association of Indiana Counties, which recognizes superior and long-term public service. Dr. Himsel congratulated Commissioner Brown on the award, which was established in honor of his grandfather.
Pledge of Allegiance and Moment of Silence Commissioner Peters called for the assemblage to stand for the pledge and a moment of silence.
1. Recognition of 2019 Sustainability Award recipients by the Allen County Department of Environmental Management Jodi Leamon of the Allen County Department of Environmental Management presented the community 2019 Sustainability Award recipients in five categories. Reduce: Larry Graf, a volunteer with the Food Rescue US program, was recognized for his efforts to salvage food that otherwise would have gone to waste. Reuse: Stephanie Smith and Lenora Morrell are the founders of Grassroots Baby, a store which helps families with reusable and earth-friendly baby products. Recycle: Samantha Vance, the developer of Sammie's Buddy Benches, park benches made from recycled bottles caps which also encourage children to be kind to others in need of friendship. Compost: Bret Bloom, the founder of Dirt Wain, which is a business that converts food scraps into nutrient-rich compost. His company has drop-off and pickup service for residents and businesses. Combination: Pembroke Bakery is a comprehensive business which utilizes organic products in its bakery items, reusable products in carryout packaging, and recycling and composting of refuse. All recipients were thanked and congratulated for their efforts by the Commissioners
2. Items for Consideration:
2.a Minutes of the December 6, 2019 meeting of the Board of Commissioners
Richard E Beck made a motion to Approve . Therese M Brown seconded the motion. Motion Passed: 3 - 0
2.b Amendment #4 for the Section 125 Plan Human Resources Insurance Manager Deb Hudson presented information to the Commissioners regarding the county Section 125 Plan so that it stays aligned with
the Internal Revenue Service guidelines. Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0
2.c Warranty Deed for Kress Rd, East of Lower Huntington Rd, Project # 1300118: Parcel 2 - Mortimer County Highway Director Bill Hartman explained that this was the first of three deeds needing obtained for the construction of a new cul-de-sac on Kress Road where it ends at I- 69. The function of this is beneficial for school bus turn-around, Hartman explained to the commissioners. Richard E Beck made a motion to Approve . Therese M Brown seconded the motion. Motion Passed: 3 - 0
2.d Warranty Deed for Pufferbelly Trail - Fitch Rd, Project # 0004707: Parcel 4 - Fisher County Highway Director Bill Hartman noted that this was the next to last section needing purchased before this section of Trail can be bid, and this is the next to last segment of the Pufferbelly Trail. Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0 2.e Change Order # 8 for Liberty Mills Rd and West County Line Rd, in Allen and Whitley County's, Project # 05-210; in the amount of $0.00. County Highway Director Bill Hartman noted that this change order was merely a paperwork change regarding deadlines and resulted in no monetary difference in the project.
Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0
2.f Street Acceptance for 2019 with a total miles of 4.189. County Highway Director Bill Hartman noted that 33 new street segments totaled 4.189 miles which were added to the territory covered by the highway department in 2019.
Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0
2.g Mileage Certification for 2019: 2018 INDOT Mileage Certification 1,326.538 miles New, accepted and maintained streets 4.189 miles Fort Wayne Annexation -1.973 miles Huntertown Annexation -1.547 miles Total 2019 mileage 1,327.207 miles County Highway Director Bill Hartman recommended approval of the 2019 mileage certification.
Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0
2.h Local Roads and Bridges Matching Grant Agreement between the Board of Commissioners and Indiana Department of Transportation for HMA Resurfacing for Bluffton Rd from I- 469 to Ferguson Rd, Contract # A249-20-LG190543, LPA Project # CC07519; in the award amount of $138,670.80. County Highway Director Bill Hartman explained that this grant request was to bring the department's total Local Roads and Bridges Matching Grant Agreement request up to the $1 Million grant award. Previous grant requests were slightly under the total award match amount.
Richard E Beck made a motion to Approve . Therese M Brown seconded the motion. Motion Passed: 3 - 0
2.i Public hearing on consideration of lease extension between the Board of Commissioners and Purdue Fort Wayne Foundation for 4.865 acres of land used for a hotel County attorney Bill Fishering conducted a public hearing regarding an extension of a 25-year lease to Purdue Fort Wayne on property utilized by the Holiday Inn hotel. This lease extension is needed to assist the hotel in gaining financing for hotel improvements. There were no comments from the public and the hearing was closed following a motion by Commissioner Beck, seconded by Commissioner Brown, and a 3-0 vote. Attorney Fishering then recommended that the commissioners amend and execute the lease documents as presented on 4.865 acres of land to Purdue Fort Wayne for 25 years. Richard E Beck made a motion to Approve . Therese M Brown seconded the motion. Motion Passed: 3 - 0
2.j Adoption of Cell Phone Policy Chief of Staff Chris Cloud noted that a county cell phone use and reimbursement practice was already occurring in Allen County but a formal policy needed to be put in place.
Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0
2.k Change Order #22 on the Allen County Work Release project in the amount of $16,309.11 (increase). A request for a change order on the Allen County Work Release facility was presented by Chief of Staff Chris Cloud.
Richard E Beck made a motion to Approve . Therese M Brown seconded the motion. Motion Passed: 3 - 0
2.l Ratification of plats for approval: Rapids at Copper Creek, Section I and Coves at Copper Creek, Section I Richard E Beck made a motion to Approve . Therese M Brown seconded the motion. Motion Passed: 3 - 0
3. Consideration of Claims Submitted for Payment
3.a For the period of December 5, 2019 to December 9, 2019
Richard E Beck made a motion to Approve in the amount of $589,429.18. Therese M Brown seconded the motion. Motion Passed: 3 - 0
4. Other Business: None.
5. Approval to waive the 2nd Reading on any matter approved today and for which it may be deemed necessary for today's Legislative Session. Therese M Brown made a motion to Approve . Richard E Beck seconded the motion. Motion Passed: 3 - 0
6. Comments from the Public None.
7. Motion to Adjourn
The meeting was adjourned by Commissioners Peters at 10:28 AM.
Allen County does not discriminate because of disability in the admission to, or treatment or employment in, its programs or activities. The Human Resources Director has been designated to coordinate compliance with nondiscrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided therein, and Allen County's ADA policy is available from the ADA Coordinator. Suggestions on how the County can better meet the needs of persons with disabilities may be submitted to the ADA coordinator at: Human Resources Department, 200 East Berry Street, Suite 380, Fort Wayne, IN 46802, or by phone at (260) 449-7217. AGENDA ITEM NO. 1.b
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Award of Bid#29-19 including base bid and all alternates to Gleave Construction for the Allen County War Memorial Coliseum 2020 Decorative Fence Project in the amount of $138,000.00.
SUGGESTED ACTION:
ATTACHMENTS: Service Agreement - Gleave Construction Bid - Gleave Construction
SUPPLIER NAME The Board of Commissioners of
Gleave Construction the County of Allen, Indiana Hereafter referred to as (“County of Allen, Indiana”)
STREET ADDRESS STREET ADDRESS 532 E. Hawthorne Street 200 E. Berry St., Suite 410 CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE Fort Wayne, IN 46806 Fort Wayne, IN 46802 ATTENTION INVOICE ADDRESS Adam Gleave ACWMC – 4000 Parnell Ave. TELEPHONE EMAIL or FAX CITY, STATE, ZIP CODE 260-744-2757 [email protected] Fort Wayne, IN 46805 REMIT-TO ADDRESS ATTENTION 532 E. Hawthorne Street Randy Brown CITY, STATE, ZIP CODE TELEPHONE EMAIL OR FAX Fort Wayne, IN 46806 260-482-9502 [email protected]
Service Description
Aggregate Price includes Alternates 1 - 4 $138,000.00
The following attachments are part of this SERVICE ADDRESS agreement: 4000 Parnell Ave. E-Verify CITY, STATE, ZIP CODE Non-Collusion Fort Wayne, IN 46805 Bid Submittal documents AGREEMENT START DATE 12-20-19 AGREEMENT END DATE Upon project completion
This agreement is entered into between Supplier and the County of Allen, Indiana. The additional terms and conditions on the reverse side hereof are part of this agreement. Capitalized terms on this page are used as defined terms when the context so requires. The County of Allen, Indiana, may extend the Contract at its option, for an equivalent period, by written notice to the Supplier not less than thirty days prior to the expiration date.
SUPPLIER: By (Signature): (Signature): Richard E. Beck
Printed Name: (Signature): Therese M. Brown
Title: (Signature): F. Nelson Peters
Date: Date:
FEDERAL TAX ID NUMBER: (Signature): Attest:
ADDITIONAL TERMS AND CONDITIONS 1. SERVICES. Supplier agrees to perform the Services beginning on the Begin Date and continuing until the 11. CONFIDENTIALITY OF COUNTY OF ALLEN, INDIANA, INFORMATION. Supplier understands and Services are completed. Supplier warrants that the Services will be completed on or before the End Date. TIME agrees that data, materials, and information disclosed to Supplier may contain confidential and protected data. IS OF THE ESSENCE. Supplier warrants that all Services shall conform to the Service Description, be of good Therefore, the Supplier promises and assures that data, material, and information gathered, based upon or quality and workmanship, and be free from defects. Supplier further warrants that all goods furnished in disclosed to the Supplier for the purpose of this contract, will not be disclosed to others or discussed with other connection with the Services shall be merchantable and suitably safe and sufficient for the purpose for which parties without the prior written consent of the County of Allen, Indiana. they are normally used. Supplier warrants that it has good title to goods supplied hereunder and that they are free of all liens and encumbrances. These warranties are in addition to those implied in fact or in law. For the 12. EMPLOYER CERTIFICATION. In accordance with I.C.§22-5-1.7, Supplier understands and agrees to purposes of this agreement, the term “Services” shall include any goods furnished in connection with the enroll and verify work eligibility status of all newly hired employees of the contractor through E-Verify program Services. or any other system of legal residence verification as approved by the United States Department of Homeland Security. Supplier further understands that they are not required to verify work eligibility status of newly hired 2. INVOICES. Supplier shall invoice the Allen County department requesting the Services and according to the employees of the Supplier through the E-Verify program if the E-Verify program no longer exists. Supplier Rates, Billing Interval, and Invoice Address. Invoices shall itemize the Services performed, the Service certifies that they do not knowingly employ any unauthorized aliens. Address, and the corresponding rates and taxes, if any. Payment shall be due within forty five (45) days after the invoice date or the date of completion of the invoiced Services, whichever occurs later.The County of Allen, 13. COMPLIANCE WITH LAWS. Supplier warrants that the Services shall be in strict conformity with all Indiana, shall not be obligated to make any payment to Supplier hereunder until Supplier has furnished proof applicable local, state and federal laws including, but not limited to, the standards promulgated by the satisfactory to the County of Allen, Indiana, of full payment for all labor, materials, supplies, machinery, and occupational Safety and Health Act, Executive Order 11246, as amended, relative to Equal Employment equipment furnished for or used in performance of this agreement or has furnished all necessary waivers of lien Opportunity and all other applicable laws, rules, and regulations, including the Civil Rights Act of 1964 supported by affidavits, all satisfactory to the County of Allen, Indiana, establishing that all liens and rights to pertaining to equal opportunity, Section 503 of the Vocational Rehabilitation Act of 1973, the American with claim liens that could arise out of the performance of the Services have been waived. Payment of invoices shall Disabilities Act, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and all not constitute acceptance of the Services, and invoices shall be subject to adjustment for defects in quality or any applicable immigration laws and regulations including the 1986 Immigration Reform and Control Act et. seq. other failure of Supplier to meet the requirements of this agreement. The County of Allen, Indiana, may at any Supplier agrees to indemnify and hold harmless the County of Allen, Indiana, from and against any loss, cost, time set off any amount owed by the County of Allen, Indiana, to supplier against any amount owed by Supplier claim, liability, damage, or expense (including attorneys’ fees) that may be sustained because of Supplier’s or any of its affiliated companies to the County of Allen, Indiana. breach of such warranty.
3. INDEPENDENT CONTRACTOR RELATIONSHIP. County of Allen, Indiana, and Supplier are and shall 14. DEFAULT. In the event that (a) Supplier breaches any warranty contained herein; (b) Supplier fails to remain as independent contractors with respect to each other. The persons provided by Supplier to perform the provide the insurance certificate required herein; (c) Supplier or Supplier’s insurance carrier fails to defend, Services shall be Supplier’s employees and shall be under the sole and exclusive direction and control of indemnify, or hold harmless the County of Allen, Indiana, as required herein; (d) Supplier’s performance of the Supplier. They shall not be considered employees of the County of Allen, Indiana, for any purpose. Supplier Services violates applicable law; (e) Supplier admits insolvency, makes an assignment for the benefit of creditors, shall be responsible for compliance with all laws, rules and regulations involving, but not limited to, employment or has a trustee appointed to take over all or a substantial part of its assets; or (f) Supplier fails to perform or of labor, hours of labor, health and safety, working conditions, and payment of wages with respect to such comply with any other provision of this agreement, such failure, breach, or violation shall constitute a default persons. Supplier shall also be responsible for payment of taxes, including federal, state and municipal taxes under this agreement. chargeable or assessed with respect to its employees, such as Social Security, unemployment, Workers’ Compensation, disability insurance, and federal and state withholding. Supplier shall also be responsible for 15. TERMINATION. In the event of default by Supplier under this agreement, the County of Allen, Indiana, providing such reasonable accommodations, including auxiliary aids and services, as may be required under the reserves the right without liability, in addition to its other rights and remedies, to terminate this agreement by Americans With Disabilities Act, 42 U.S.C. 12101 et seq., so as to enable any disabled person furnished by notice to Supplier as to the portion of the Services not yet rendered and to purchase substitute services at Supplier to perform the essential functions of the job. Supplier agrees to defend, indemnify, and hold harmless Supplier’s expense. Supplier shall reimburse the County of Allen, Indiana, for the cost of such substitute services the County of Allen, Indiana, from and against any loss, cost, claim, liability, damage, or expense (including upon Supplier’s receipt of an invoice therefor. attorney’s fees) that may be sustained by reason of Supplier’s failure to comply with this paragraph. 16. WAIVER. No action or inaction by the County of Allen, Indiana, shall constitute a waiver of any right or 4. INDEMNITY. Supplier shall defend, indemnify, and hold harmless the County of Allen, Indiana, (including remedy. its officers, employees, and agents) from all demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), judgments, settlements, and penalties of every kind arising out of its performance of 17. CANCELLATION. The County of Allen, Indiana, may at any time cancel this agreement in whole or in part Services including, without limitation, damages for personal injury or death or loss or damage to property due, or for its sole convenience upon written notice to Supplier, and Supplier shall stop performing the Services on the claimed to be due to the negligence or willful misconduct of Supplier including such portion thereof due, or date specified in such notice. The County of Allen, Indiana, shall have no liability as a result of such claimed to be due to the negligence of the County of Allen, Indiana. Supplier shall have no duty to hold harmless cancellation, except that the County of Allen, Indiana, will pay Supplier the Rates for completed Services the County of Allen, Indiana, for such portion of the foregoing proximately caused by negligence or misconduct accepted by the County of Allen, Indiana, and the actual incurred cost to Supplier for Services in progress. These of the County of Allen, Indiana, and if any suit, claim, or demand was defended by Supplier, then the County of payments shall not exceed the Aggregate Price. Allen, Indiana, will reimburse Supplier for its pro-rata share of its costs, expenses (including reasonable attorneys’ fees), and damages. The County of Allen, Indiana, may elect to participate in the defense of any suit, 18. FORCE MAJEURE. Neither party shall be liable to the other or responsible for nonperformance of any of the claim, or demand by employing attorneys at its own expense, without waiving Supplier’s obligations to terms of this agreement due to unforeseeable causes beyond the reasonable control and without the fault or indemnify, defend, or hold harmless. Supplier shall not settle or compromise any claim, suit, or action, or negligence of such party, including, but not restricted to acts of God or the public enemy, acts of government, consent to entry of judgment without the prior written consent of the County of Allen, Indiana, and without an fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or unusually severe weather. unconditional release of all liability by each claimant or plaintiff to the County of Allen, Indiana. 19. NOTICES. All notices required or permitted to be made or given hereunder by one party to the other party 5. LIMITATION OF LIABILITY. Each party’s liability to the other for any loss, cost, claim, liability, damage, shall be in writing and shall be deemed to have been given when hand delivered, or on the date stated on the or expense (including attorneys’ fees) relating to or arising out of any negligent act or omission in its performance receipt if deposited in the United States mail in certified form, postage prepaid with return receipt requested, and of obligations arising out of this agreement, shall be limited to the amount of direct damage actually incurred. addressed to such other party at its Notice Address or at such other address as may be specified by such other Absent gross negligence or knowing and willful misconduct which causes a loss, neither party shall be liable to party by written notice sent or delivered in accordance herewith. the other for any indirect, special or consequential damage of any kind whatsoever. 20. ASSIGNMENT. Any assignment, in whole or in part, of Supplier’s rights or obligation under this agreement 6. INSURANCE. Supplier shall maintain in full force and effect during the performance of the Services the without the prior written consent of the County of Allen, Indiana, shall be void. Supplier shall not use following insurance coverage; provided, however, that if a High Risk Insurance Attachment is attached hereto, subcontractors to perform any part of the Services without the prior written consent of the County of Allen, the requirements of the High Risk Insurance Attachment shall be substituted in lieu of the following Indiana. requirements: 21. ACCESS TO RECORDS. The Supplier shall maintain all books, documents, papers, accounting records, and (a) Worker’s Compensation per statutory requirements. other evidence pertaining to the cost incurred. They shall make such materials available at their respective offices (b) General Liability $1,000,000 minimum per occurrence/ at all reasonable times during the contract period and for three (3) years from the date of final payment under the $2,000,000 aggregate contract for inspection by the County of Allen, Indiana, or by any other authorized representative of the County (c) Automobile Liability $1,000,000 minimum per occurrence of Allen, Indiana. Copies thereof shall be furnished at no cost to the County of Allen, Indiana, if requested. (d) Products Liability $1,000,000 minimum per occurrence (e) Completed Operations Liability $1,000,000 minimum per occurrence 22. NONDISCRIMINATION. Pursuant to IC 22-9-1-10 and the Civil Rights Act of 1964, Supplier and its subcontractors shall not discriminate against any employee or applicant for employment in the performance of The Certificate of Insurance must show The Board of Commissioners of the County of Allen, Indiana and their this contract. The Supplier shall not discriminate with respect to hire, tenure, terms, conditions or privileges of officers and agents as Additional Insureds and a Certificate Holder, with 30 days notification of cancellation or employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, non-renewal. All Certificates of Insurance should be sent to the following address: disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of contract. Acceptance of this contract also signifies compliance with applicable Federal laws, regulations, and executive Allen County Department of Public Purchase orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, 200 E. Berry Street, Suite 495 disability or status as a veteran. Fort Wayne, IN 46802 23. NONAPPROPRIATION. Pursuant to IC 5-22-17-5, (a) when the fiscal body of the governmental body 7. HAZARDOUS MATERIALS. Supplier will provide to the County of Allen, Indiana, before performing any makes a written determination that funds are not appropriated or otherwise available to support continuation of Services, a statement describing any Hazardous Materials intended and necessary for use in performing the performance of contract, the contract is considered canceled. (b) A determination by the fiscal body that funds Services. “Hazardous Materials” means any item which may be classified under federal, state, or local law, as are not appropriated or otherwise available to support continuation of performance is final and conclusive. hazardous or toxic. Supplier must comply with all federal, state, or local law in the use, transportation, and disposal of such Hazardous Materials. 24. MISCELLANEOUS. If any provision of this agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. This agreement shall be governed by the 8. PROGRESS REPORTS. The Supplier shall submit progress reports to the County of Allen, Indiana, upon laws of the state of Indiana and shall be subject to the exclusive jurisdiction of the courts therein. Should any request. The report shall serve the purpose of assuring the County of Allen, Indiana, that work is progressing in litigation arise out of any matter covered by this agreement, said litigation shall be brought in either the State or line with the schedule, and that completion can be reasonably assured on the scheduled date. This contract shall Federal courts located in Allen County, Indiana. This agreement embodies the entire agreement between the be deemed to the substantially performed only when fully performed according to its terms and conditions and parties with respect to the subject matter hereof and supersedes all prior agreements and understanding, whether any modification thereof. written or oral, and all contemporaneous oral agreements and understandings relating to the subject matter hereof. No agreement hereafter made shall be effective to modify or discharge this agreement, in whole or in part, unless 9. CONFLICT OF INTEREST. Supplier certifies and warrants that neither it nor any of its directors, officers, such agreement is in writing and signed by the party against whom enforcement of the modification or discharge agents, representatives or employees which will participate in any way in the performance of the Supplier’s is sought. The paragraph headings are for convenience only and are not intended to affect the interpretation of obligations hereunder has or will have any conflict of interest, direct or indirect, with the County of Allen, the provisions hereof. This agreement shall be binding on the parties hereto and their respective personal and Indiana, or any of its departments, divisions, agencies, officers, directors or agents. legal representatives, successors and assigns. If a conflict exists between this form and any other document within this agreement, this form controls. 10. CONFIDENTIALITY OF DATA, PROPERTY RIGHTS IN PRODUCTS, AND COPYRIGHT PROHIBITION. Supplier further agrees that all information, data findings, recommendations, proposals, etc. by whatever name described and by whatever form therein secured, developed, written or produced by the Supplier in furtherance of this contract—shall be the property of the County of Allen, Indiana,. The Supplier shall take action as is necessary under law to preserve such property rights in and of the County of Allen, Indiana, while such property is within the control and/or custody of the Supplier. By this contract, the Supplier specifically waives and/or releases to the County of Allen, Indiana, any cognizable property right of the Supplier to copyright, license, patent or otherwise use such information, data findings, recommendations, proposals, etc.
AGENDA ITEM NO. 1.c
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Vance Hernandez, Superintendent of Buildings
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Agreement between the Board of Commissioners and Executive Management Services, Inc for daily cleaning of various county- owned buildings
SUGGESTED ACTION:
ATTACHMENTS: EMS agreement 12162019.pdf SUPPLIER NAME The Board of Gommissioners of Executive Management Services, Inc. the County of Allen, lndiana Heroaier refened to ae ('County of Allen, lndiana")
STREET ADDRESS STREET ADDRESS 4177 N EMS Blvd. 200 E. Berry St., Suite 410 CITY, STATE, ZIP CODE CITY, SIATE, ZIP CODE Greenfield, lN 46140 Fort Wayne, lN 46802 ATTENTION INVOICE ADDRESS Barb Brunson 1 E. Main Street, BB TELEPHONE EMAIL or FAx CITY, STATE, ZIP CODE 317-813-1494 [email protected] Fort Wayne, lN 46802 REMIT-TO AODRESS ATTENTION PO Box 50181 8 Brenda Wright CITY, STATE, ZIP CODE TELEPHONE EMAIL OR FAX lndianapolis, lN 46250 260449-7666 [email protected]
Service Desc n SEE ATTACHED QUOTE Year I Aggregate Price 408,366.82 lf contract is renewed for 2021 &2022 - $413,537.72 per year
The following attachments are part of this SERVICE ADDRESS agreement: Various Bldgs E-Verify CIry, STATE, ZIP CODE Non4ollusion Allen County AGREEMENT START DATE Januaw 1, 202Q AGREEMENT END DATE December 31 , 2020
This agreement is entered into between Supplier and the County of Allen, lndiana. The additional terms and conditions on the reverse side hereof are part of this agrsgment. Capitalized terms on this page are used as defined terms when the context so requires. Tho County of Allsn, lndlana, may extend the Contract at lts option, for an equlvalent period, by writton notice to th6 Supplier not loss than thirty days prior to tho explratlon date.
SUPPLIER: By (Signature) (Signature): Richard Beck tsarlytsnu'vton Printed Namei (Signature): Therese Brown Barb Brunson
Title: (Signature): Nelson Peters Contract Manager
Date: Date: 't2l't6t2019 FEDERAL TAX ID NUMBER (Signature): Attest: 35-1770443 ADDITIONAL TERMS AND CONDITIONS
Is OITHE ESSE\_CE SWdq *?rels lh{ rl S.mc6 l,lau co.fomb dcseMc DMproa bc of s@d Th.r.td., rle Sl+ptrd !6nir6 &d su6 iiar daL,6ddal, md bed lpon.r 'nforrd Brdsrd coucdion win\ llle Sedics sl&ll be merch enl. ud suitabl, efe d suficie aor tn. purposc fo. pdi.s withod llle pnor Mrh;Birt of $e Couy ofAllen, hdrm 6q m tumally @d Slr9ltr wmr fi, n h6 8@d dde lo sods sqplicd ler &r {d 6d rh.,'trch sc Ee ol all [6 ed acMbt-6 Th6. mt.s .rc D .drlto !o rhoe o frcr or E la, For ln. 12 EMPLOYER CEITIIICATIO:\- b [email protected]. ulrh I C 7, S!9pt.r dd.rtudt ad .G,e6 b 'npl.d 522-5-1 s'.ices 3ffi""\',dffiilff:*t}ffi#i"$"iT"r,:ilfi';*ffi1*i$irffi::ili*tifl: &rs. Bnlas ht o.l, dtl lfrlic. Ad&N Lvo'..s shal rtdia.n. S.dic6 pcrfom.d,lne S.Mc. cdili*Gatrbs, donor bb,insly.nploy dy @dtronz.drl's A{tlr*, &d lne corBpond,s d6 ad rrc, f uy PayEd drll be due wnhi forty lir (.r5) d!r. !ffg
o.ay of'ts dEtded.ompeistorhc Couq of^lla.l ltua bc*hofsuhwtr ty
I N'DIPE\DENT CONIRACTOR RELATIO\sIII! Cour, 6l Allen, Indroa sd surrl,e ae d sI.U 14 DEFALLT In rhe denr lhll {a) Surpn.r br.ah6 a} wary co.oned h.c'n. (b) Supptd ldls io rcmnn a ind.pdd.d 16 p.eG conll&ioE wi$ r.srd e*t o 'tr Th. rr.vid.d by Suppn.r b perfm fi. povi{b lne Dsd.. ccnircr. rcqon d hcrch: &) Sl9pl,s or Suppl.ls insec. cdi.r tuls b a.la4 [email protected] shall b. Slppn.r's edployee &d $all h. ud€. lh. &le ed ex.lc'v. dr*n@ di mtd ol lnd.m&, or hold h,nnls $. Couty .f Alld, lnrtaa s r.qu..d heran, (d) Sl4plB! psfomaa oa I!. Suppfu. Thq $.x .or b. cmdc..d .nlPloy6 of $. CoEt, of Aller\ h{!M., for sy purpose Suppl,.r Snc.svioldBlppl@blelava (.) Suprl,er ldtua iMlye.c',6,Ies .$isMd lor O.6 elirolcr.droc, shall bc resDonlble ao. comrl'sce vilh all la&s ru1.! {d reEularions i.rclvins, bul mr lirut.d io,.mploym.nl or h6 a n6l.. lrroirr.! io 61. over rll or a subsr,nt.l pln ol rts 6s.rs, or (0 Suppli$ fails b p.riotu or ol labd, ho!ts of labor, hcalrh ad s.fdr, @&ds @ndrl'ons, md paymd of us6 wirh r6!€d ro slch 6mply *ilh &y ofi.r provision or &is a€reemer, slch f.ilur., bra.n, or viol{i6n shall 6.$tnc . dcfaulr p.Md Suppls sldl ds be r6porslbl. for parnan oa bxer. ucludins 16&r.1, tule od mhrcrprl rrc .nrgelblc o, astgd uln resp.d !o ns errloy..s, $ch 6 Ssid s{u'r, ueoptormn!, wort.6' Compmsuon, di*6iliry rnsu&e, Md rldq.l sd n!!. sl|,hol3h8 Supplid sh.ll .le be E+.Brbt. lo. It TERVL\-AnOI_ l! .he dar of deaaun by slpplier ud.r di5 !sre.nd. lne CouO of Allcn. ln&&E providiq such reen&1. &coonoddions, including auEltry ads &d sepic.s, e nuy bs r.quncd uder $. resed.s fie nsnt Hinor Labnirr, rn addiron lo ils ofin ishts ed r.n.dros, ro lem,nrtc 0ns lBrccf,ml by Aneri€s $ifi Disabihes Ad,42 tjSC l2l0l er seq, $ d to aable dy dsbled persn fmisn.d by norc. lo suppler c to Ue ,onion of fie Setu.es nor y.r rede.ed nd lo puchae su!$tuts sc ices .r Suppler b perfom lhe N.nd rmcto6 oa derol, Supplier.sr.6 ro rt f.nd. u.Lmit, ud [.ld her .s Slpph.r's expee Slppher sh,ll reimb@ ln. Couq oaAll6,Itul&a for tn on ol srh $bfrbrG 3.tuc6 fi. Cou! of A116. Indaa, liom ed !s!iN &y loii @, claq I'abilry, dsrs., or.\"cE (induA.g W.n Suppliq't ..crPl of a rrc,e ihaefo, ,rbmey s fc6) dur nly b. sMined b, r.e. ol Supple/s frluc b conpl, q$ $G pesr+h 16 WAIWR No idion or in.dion hy 6e Cout otAIGn,Indi a, shau coE1liule a waiws of ery idror 4 r\DE1,trllIY Surrlicr shall d.aen4 i!d.mt. od hold hd,ne$ lhe Cosry of AIea t dr&a {includ.g trs oflicd, ciploycG, &d rgor) ar.m rll &fredl daouss, li!bni!6, @srs, a,j .xDds (includjng r.&n.bl? .tion.rs fc), judghdrs, 3.rl.msts, xd DeMlri6 of .vu,. kind st'ng os ol $ Ffolfucc of r7 C^\CELLAIIO\ Th. Co6ly ofAllen,Indaa m.y.r oy tbe.rcl dns agr..n6r D *tol. or h pan Services lncludins, ulhoui hmbdon, dmages aor pctso.al ijury oi deafi or lo$ or d.m€. t6 p.operr* d!., or for ,ts $le 6n 6ia& Lpon win6 rorice b SlPplier, ed S$pli6 5[.ll no! pefoftiis S€dic6 on lhe chihed ro b. due io rh. nesliemce or sllful f,i!@ndud of SuppL{ in.ludlnS suh rsnion dereot d!e, or da|e specrficd in such nodc. The cody of Alle!, lndrua, shall hav. rc liabnfy 6'he a resdr ol suc[ (n. clamed o bc d@b n.8lige.ceolfi. Couty ol AIIcn, hdid. Suppl,e,$dl nwe.o duy to hotd hml* caccllald( exefl $.r tne Co61y ot Allen, ln&&., slll pay suppl,s ihe R 6 fo. onplded S.Mc6 0t Coul, ol Allm, Indrma ao. tu.n portd oalhe forcsoins Forroiely acd br .esl,so(.6r Bisendu( &c.pEd br lhe Co6.y oaAla,Indaa rd 0'..cin:l @n lo Supplc, for ScMc6 in pros,c Th6e 6ftu co6ry ofAllen,lndaa d rf m, sui( .1,m, or dem d 6 detddd by sl4pls, lh.n llle Couiy ot paynoE sr,ill nol .re.d lhe &er€da Pnc. 'n.M.d Allen, Ldua Ei,l r.,mbsre Supple, for ns prc.rll! snae ol ia coss, dpmses (nclqdr.g r.6on.!le anoneyt tcs), dd dmases The Coury oaAllen.lnd@a may el.ct io pdcrp$e i. n5e dea..sc of ey suil. l3 FORCI IIAJEURE Neuh p&ty shall6e nable b lhe o$q or rBpoisblc for.o.p.dornece of ey olfie chiE!- o, dcm&d by .nployiq anoncys al its oM cxpen*, silo vaqns Swpier's oblisaioN ro rem oldr6 .e,..mcd due to storBecable .a6es bero.d d. ree.$|. control {d wi$ou tn. aaulr or udemi&, deien4 or hold himl6s Supplrr sndl rcl $rd. or .omplmi$ ey cldm, sur, or doni or n€8ll3d.q or qch palq, incluln.s, 6r .or i.nnd6i io ft ol cod d Ih. plbtc nsy, .G or sove,Mar coMr b .nty 6fjudsm..r xidor rh. pnor *nr6 otu rof$.Cou! oa Allec Indrda ed qllioui a 6r., n6&, epdeo'ca. q@tr. ,sinions. n.il.s. treeh .mbdso6, or ucu.ll, s*.!c s.lher Eondiron.l relede of .tl habinry by .eh cl,idsr or pl.i.riff ro thc Coely of Alld, Indrda 19 NOTICES A1l nolic6 requjred or pemncd to be mde or given her.uder by on. psry to E olhor p.ty 5 LL\trTATIO\ OF I,IAOILITY !.ch pdq.s l'.b't'q b de orhs aor d) tos..os( ctah, !rbrt[y. danrage. slall b. in wninS ad slull bc dened to have bes ejvm *n6 nad delivs.d, or on $e &. s{.d on lhe o, exltu. a.dudng rtooeyi Llo rcl.rngro or &nn8 ouoaal. negl4enr I o. omsio. perfod .c re.od depostr.d r. lh. Ltui.d 9.a mait c6r'6ed font\ ponasc *irh rqu t*€ipr rqud.d, ed 'n 's FeprJ of oblrgalotu &siog ou of fis rgr4hdi, si.ll b. I'm.d ro dc !@ur oa drr.d ti,magc .dually rncurcd ,tl:lr6.i'a b sucrr ollld pry { rb \otie Addr6s'n or { such olhd.d.lr.$ 6 mz} b.9.dfied by sud olhr Absenr 916$ .ql,sdcc or Lnoqins ud qnlful mscondod eirch ca66 a loss. n.rrhtr pliv siatl be l.btc b p,rly b, Mnei iore sat q delveGd rn accorda.e hereulh dco$erfor y i.dr.d, spcoal or conscquenrial damlge oldy krnd *tdsoeler 20 ASSIGVESI Any 6tMml' in *nol. or i, pd, of SuprlE i ri$l3 or ohnganon rder dts .ere&.ni 6 DiStT-{\CE S'ppl'd sndl mdnb. rn tull ior@ &d .iId duins lh. F.fomee 6f tle s c6 lh. w6out !h. pno. Mth .6ai ol de Coury of Allcn. Ildi a dull bc rcid Swplis sh.il rcr e folloMs NU ce ov.rre, p6hd.( t!6*eq, &al !f a Hrsn Rl* lsuua Arl,chnen! .tuchd h.r.lo, $bconmdoE ro p.fom ey pd oa &e s@es *rihou $c pnor @nm .c6t of Oe co6r). of All4 Ue requEm.dts oa $e Hrd P{sr Insuce Anrchhd sh.ll be $bstut.d in Ie! 'sof fie folosin8
2l AccEssTO&EcoRDS 'Ihe Suppliersh.ll mainron.ll bools, do.Maa, p.pers,..outus ieorls, rl (.) wo*crr Codptuud o.h* ?ndence p.nnnrne b tle on m.Eed Th., shall malc such m,r!n.ls ivdabl. ar $ctr re+c{v. omes S I,000,000 ni.rhut p.r ccu.n..r ar ,l r..sable th6 ddns rtc conftd peno{ d aor 6r* (l) yeas fton tnc darc oa 6nal paymor uder lhe 52,000,000 aggrcgare co.trd for ins?eclo. by de Couq ofAlle.,IndM4 or by sy otlEr.dhonzed r+resorsrive of rhe Coug S 1,000.000 mi6un per occuenc. ol Allcn, Ldioa Copi6 lhereol sh.ll be io$ed ar no mn lo lle C@ry of Nlo. Ind6a, rcquened Sl.00O.Oo0 llMhm pr *cudn.. (e) Coryleretl op.dioN LEbiliy Sl -000,000 tu'nm p€r McMa.. 22 SO\DlSCRf\irf,-AIIo\ Pt6uur to IC 22-9-l-10 ed tu Ciql &8h6 Ae of 1961, Slpll.r ed its $bsntra@A $.ll mr di$nni.r. aald sy .6ployd or +ptr6t for .rrloynor th. p.do@ce of Tle Certfi.{e ot IrEuuF nB sho* Thc Boad ol CoM$ion..s of 6c Coury of Alle6, hdda dd 6etr fts .onracr It. Supphd ,l ,ol disdninate *irh cspel D h;e, rdurc, lem, .ondnb.s'n or pnvl.scs of oin.ers &d a86rs a A,l,liional Insucds ud ! Ce [ca!. gold.r, sirh ]0 dlys noiilicaxo. ofcecellaoon ot enl,[email protected] or my matLr &.cdy or m&ec y relrted lo .Bployftar, becaNe of rc., color, r.l,8ion, se\ .oH e*21 All certlic{.s ofl6u,.c should 6. sd io lhe lollom.e addr.$ debnity, i!nM, oogi. d e4n y BIsh of dus syu r 6ny be reBed.d 6 a Earedl b,6h of coEad A@prue of lhr @rtu. rlo ir.,fi6 @nd'sc. &rtn .ppli.,ble r.J.r, l.*! r.8d.iioft, mJ cx{urve Nl6 Couty D€p@enr ol Pubhc Puche or,lds poh$,bB dscnninario. u rhe proyro of se^rc6 bed on nc., @lor, nalDnal oneh, rs., sex ?00 E Bcry Sucer Sul..195 dsibrlty or sds 6. vere.&
2r \O\_A?PROPRI.{TIo\ Pus@lto lC t2:,17-5, (!) *,hh rhe Ii$.I holy oi tn. sovemenBl boJ_r 7 IrV,\RDOLS \t\IItuAI-S SupplEr rnl prorrJ. b 6e cosry. ol r{la l.dre4 belor! p.{omde $r matB . wien d.tm.a!.n dd au& -. mi ippbprdcd or odmr. .vdrbl. b sppon cohulon ol S.m..' , nlt.md de*nbr"B ey U./rdous ll{elals ElenJcd d necsiry f6r 6e rn perfom! lt. pefomue of d.uEr, *r conhcr t @Brdor.d .o.eled (!r A ddmni.on hr ti. neal body lnd An& SeNices ltazardou Mdenrls'heds any ilem xnrch nay bs clsencd dder ledecl, nar., or loc, hw as d. not appopnded or odrcRi* av.ilable ro suppon co inudro. ofpedommce is fnal lnd conclGive h@doE or toE. Supph mst mmply sitn rl f.derrl, i!rc, or local law h lhe ce, rosponario. ud di*osal of su.h HaadoB Urto.ls 2t \0SCELLA-\IoLS If dt pror,@ of thrs asEmenr E heiJ to be rnvald or usaorc..U. ln. v.L.Uv ed dtorc-b ,ty ot lh. r6m.B prolfm Jl br br ,{l4red Tt* .js@dt shrll h€ sor.ded br $. 3 PROGRESS REPORTS fte suppLer sldl subtul prcgrqs reDo.t ro lhe Coury oa Allco, ln'iisa, ugo. Ias of dE sde olI.dMa d3h.llbe$br$b excl6rv. juisdcton orlh. co@ d,erein Should m, 'e rcqud It. ropon sh.ll s.*e rhe pu,p.se or csunns lte Couty oa Allm, Ind{x lha wrt prosre$rg rn litisrxon &se od of rny maner .ov..ed by ihE lsrcemflr, said linganon sh.ll be brotshi i, enher ih. sure or lm. wd d1. sched'ne, 4il tlrar completon c be reasabl, 6susd on $e sch.dul.d drs nis's conrad shrll rederd courls local.d in Ailn aosty, Ldr&! ftn agre.nsr en6od6 rhe e m,.eftenr bc'ueo tne b. d.em.d fie subs&ti.ll, psfom.d oi\ *to f!!y Fdo,m.d {corlbg ro rts rems ud condinos sil pd6 Mdr r.spd ro lhe flbj..r dts nersf ad $p€R&s all Fnor asemmc d udrrtudrs, $nel'd 'o Bnen ot o.al, d Jl .o 3oror4eE or.l .8r*m6s md ude!nm.t,!i ,cl5ig ro e subjdr aaner h.rsf \o .3tc.m*r h .rn{ ede sh.ll be efiectvr ro oo,n& or dschsce thx ur.ehmr, r. }tole ot h p.n, ule.s such aSr.enmr is r. Mtus dd srsred by fie puty asainn snom enforcmen! of the modilicdion or dacnege is ,ougnl fte p{ar!.ph headngs de lor cdvaimce 6ly sd &e nor rre.ded Io 1jIed da deIpr.ruon ol ln. pto$rc hersa Thrs asr*h.nl S.l! b. b'ftlns on |h. pd6 hcr.ro sd lnetr r.sledrw pe,sal anJ leAJ rcpr6sratv6. sues6 ud aigns Ia. 6 l,d cns b€se. [,'s aom rJ ay orhs d.cmr Mthh this asreemoi rnis foft cdnodls l0 Co\_!IDE\TLq.LITY OF DATd PROPIRTY tucltts lf,_ PRODUCTS, .{\'D CO?IRIC}IT PROHIBII lO\ Surpne, funher lgrcer fial all hfolmalDn, d.h 6ndings, reronhendaroN, proposak, dc by rnaletr nde de.b.'i ei by *'Il.rd.r lom d'er.r. secu:d. d.v.lopeq Mn.n or prodo..d br fte slDpl'.r o fidhtr c. of rhis coElct iall bc ll'e pmp.ra of $e CoMs of Allq Indrua Ih. Slppl'er shall i c rc(o. a r n.c.$a'r ud$ hw b prcs.fre sch prop.rr rishb rn ud of lh. Couq ol Allcn. ,rdi a. *n'le such pbpeny is wthin tho antol dd/or cdody ot die supph.r By n\is .onhcr, rhe Suppher specfcrlly wdv* d{ior reledes to Inc comry oiNlE! Ldi 4 &y oosnrubl.propcry nshroalhe SuppLe!b oryn8hl lreE. p,rat or orheMse E. $ch hfom&ol d{a n.dDes. recoBmsd.bone, p'oros.li ac Allen County Cleaning Services Tabulation RFp 15-19 70/76120t9
Bud Meeks Justice Ctr Year One YearTwo Year Three 31,863 lack Laurie Group EM5 EMS EM5 General Cost 0.083 s 2,644.63 0.07174 s 2,285.85 0.0726s 5 2,314.85 0.07265 s 2,314.85 AdditionalCost 20.13 20.00 20.00 20.00 Sunday and Holida 30.20 25.00 25.00 25.00 Optional Floor
Community Corrections Year One Year Two YearThree L6,2r5 ,a.k Laurie Group EMS EMS EMS General Cost 0.083 s 1,34s.8s 0.080s4 s 1,30s.96 0.08153 s 1,322.01 0.08153 5 1,322.01 AdditionalCost 20.13 20.00 20.00 20.00 Sunday and Holaday 30.20 25.00 25.00 25.00 Optional Floor
Courthouse Year One YearThree 120,077 Jack Laurie Grou p EMS EMS EMS General Cost 0.083 s 9,966.39 0.07589 $ 9,712.64 0.o76a6 s 9,229.72 0.076a6 5 9,229.72 AdditionalCost 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 OptionalFloor
Courthouse Annex Year One Year Three 16,083 Jack La!rie Grou EMS EMS EMS General cost 0.083 1,334.89 s 0.0812 5 1,30s.94 0.0822 S 7,322.02 o.0a22 7322 .o2 AdditionalCost S 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 Optaonal Floor
cDs Year One YearThree 10,839 Jack p Laurie Grou EMS EMS EMS G€neral Cost 0.083 S 899.64 0.08654 S 938.01 0.08765 5 950.04 0.0876s 9s0.04 AdditionalCost s 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 Optional Floor
Ed Rousseau Centre Year One Year Three 204,355 Jack [aurie Grou EMS EMS EMS General cost 0.083 s 16,961.ss 0.07734 S 15,804.89 0.07832 s 15,00s.16 0.07832 s 15,005.16 AdditionalCost 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 OptionalFloor
Jail Bonding Year One Year Two Yea. Three 666 lack [aurie Group EMS EMS EMS General Cost 0.083 s ss.28 0.27368 s 182.27 0.27669 s LA4.28 0.27669 784.2a AdditionalCost 5 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 OptionalFloor
ailAdmin Year one Year Three 4,760 .lack p Laurie Grou EMS EMS EM5 General Cost 0.083 s 345.2a 0.09639 s 400.98 0.0976 5 406.02 0.0976 406.02 AdditionalCost 5 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 Optional Floor
Year One Year Ihree 33,964 Jack Laurie Grou EMS EM5 EMS General Cost 0.083 s 19.01 0.07932 S 2,694.02 0.08032 5 2,727.99 0.08032 5 2,727.99 AdditionalCost 20.13 20.00 20.00 20.00 Sunday and Holiday 30.20 25.00 25.00 25.00 Optional Floor
Cost Per Month $ 36,372.s1 5 34,030.s7 S 34,461.48 S 34,4G1.48 TotalCost Per Year a36,a7ol1 $ 5 40&366.82 5 4t3,s37.72 $ 413,s37.7i lndiana Legal Employment Declaration E - Verify
The State of lndiana has enacted a law (1.C. 22-5-t.71 requiring all state agencies and political subdivisions request verification from their contractors that their employees are legally eligible to work in the United States. This Declaration serves as notice that all contractors doing business with the Board of Commissioners of the County of Allen must, as a term of their contract:
1. Enroll an and verify the work eligibility status of newly hired employees of the contractor through the E-Verify program, but is not required to do this if the E-Veri! program no longer exists; and
2 Submit, before work begins on a public work p@ect, the E-Verify case verification number for each individual who is required to be verified under 1.C.22-5-1.7. An individual who is required to be verified under l.C. 22-5-1.7 whose final case result is non-confirmation, may not be employed on the public works prolect; and
3 Verify, by signature below, that the Contractor does not knowingly employ unauthorized aliens.
Jeff Bontrager Executive Management Services, lnc. a duly authorized agent of Print Name of Company declare under penalties of perjury that Executive Management Services, lnc does not employ unauthorized aliens to the best of our knowledge and belief LnBx 0 l)u ' sistlure
October 1, 2019
Date
SEE httos://e-verifv.uscis.Eov/enrol l/StartPaee.aspx?Js=YES FOR INSTRUCTIONS AND ELECTRONIC REGISTRATION FOR E,VERIFY
NON - COLLUSION AI.-FIDAYIT
The undersigned bidder or agent, being duly swom on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding.
He further says that no person or persons, firm, or corporation has, have or will receive directly or indirectly any rebate, fee, gift, commission or thing of value on account of such sale.
OATH AND AFFIRMATION
I hereby affirm under the penalties for p€dury that the foregoing facts and information are true and correct.
Executive Management Services, lnc (Nane of Organizalioh)
Director National Sales October 1, 2019 ('1it l() (Date)
ACKNOWLEDGEMENT
STAI'E OF INDIANA )
COUNTY OF HANCOCK J"ff tuntt"9e' Before me, a Notary Public, personally appeared the abore named and swore that the statements contained in the foregoing document are true and correct.
October 19 Subscribed and swom to before me this 1st day of 20 /1
olury Public) My Commission Expires: eb
County ofResidence: SHEILA J. MURPHY No$.y Public - Se.l Hanco(k Cornly 'St.te of lndiana ( orn'lris\iof r'JLrmber |lPO715496 lvry Cosvni\siu'r trpnes Aug 28 2026
AGENDA ITEM NO. 1.d
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Lara Dorsett, Coordinator
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Project Coordination Contract between the Board of Commissioners and Indiana Department of Transportation for Bass Rd – Phase 3B – 2900’ West of Hadley Rd to Brenton Glens Drive, Des # 1901699, LPA Project # 1200419; in the federal funds award amount of $4,250,000.00.
SUGGESTED ACTION:
ATTACHMENTS: Bass Rd Phase 3B, 1901699, 20-L190197.pdf Version 7/18/2019
INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT
EDS #: A249-20-L190197 Des. No.: 1901699 CFDA No.: 20.205
This Contract is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Contract, by and between the State of Indiana, acting by and through the Indiana Department of Transportation, (hereinafter referred to as INDOT), and Allen County, a local public agency in the State of Indiana (hereinafter referred to as the LPA), and collectively referred to as the PARTIES.
NOTICE TO PARTIES
Whenever any notice, statement or other communication is required under this Contract, it shall be sent to the following address, unless otherwise specifically advised.
A. Notice to INDOT, regarding contract provisions shall be sent to:
Office of LPA and Grant Administration Attention: Director of LPA and Grant Administration 100 North Senate Avenue, Room N955-LPA Indianapolis, Indiana 46204
With a copy to:
Chief Legal Counsel and Deputy Commissioner Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204
B. Notices to INDOT regarding project management shall be sent to respective District Office:
Fort Wayne District Office 5333 Hatfield Road Fort Wayne, Indiana 46808
C. Notices to the LPA shall be sent to:
Allen County 200 East Berry Street, Suite 415 Citizens Square Fort Wayne, Indiana 46802
Page 1 of 13 Version 7/18/2019
RECITALS
WHEREAS, the LPA has applied to INDOT, and INDOT has approved the LPA’s application to receive federal funds for the Project described in Attachment A, and
WHEREAS, the LPA agrees to pay its share of the Project cost as stated in this Contract, and
WHEREAS, the PARTIES desire to contract on certain project description, scheduling, and funding allocation, and
WHEREAS, the PARTIES have determined the Project, is in the best interests of the citizens of the State of Indiana, and
WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8-23-2-5, 8-23-2-6, 8-23-4-7, 36-1-4-7, and 36-1-7-3, and Titles 23 and 49 of the United States Code and Titles 23 and 49 of the Code of Federal Regulations, and
WHEREAS, the LPA desires to expedite delivery of the Project, comply with all Federal requirements and fiscally manage the Project, and
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows:
The “Recitals” and “Notice to PARTIES” above are hereby made an integral part and specifically incorporated into this Contract.
SECTION I PROJECT DESCRIPTION. INDOT and the LPA enter into this Contract to complete the project described in Attachment A (the “Project”), herein attached to and made an integral part of this Contract.
SECTION II LPA RESPONSIBILITIES. The LPA will provide the information and services, or shall cause the information and services to be provided, as set out in Attachment B (LPA’s Rights and Duties), herein attached to and made an integral part of this Contract. The LPA will follow all applicable INDOT procedures, guidelines, manuals, standards, specifications and directives.
SECTION III INDOT RESPONSIBILITIES. INDOT will provide the information and services as set out in Attachment C (INDOT’s Rights and Duties), herein attached to and made an integral part of this Contract.
SECTION IV PROJECT FUNDS. INDOT will not share in the cost of the Project. INDOT will disburse funds from time to time; however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA. Payment will be made for the services performed under this Contract in accordance with Attachment D (Project Funds), which is herein attached to and made an integral part of this Contract.
SECTION V TERM AND SCHEDULE.
A. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract), between July 1, 2022 and June 30, 2023, INDOT will make the federal funds shown in section I.A. and/or I.B. of Attachment D available for the Project, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available.
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B. In the event that federal funds for the Project are not obligated during the time listed in section V.A, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2023 and June 30, 2025, INDOT will schedule the contract for letting, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available.
C. In the event that federal funds for the Project are not obligated during the period listed in section V.A. or section V.B, the federal funds allocated to the Project may be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the Project will lapse.
D. If the Program shown on Attachment A is Group I or Group II, Sections V.A, V.B and V.C do not apply, but will be obligated according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is within their fiscal year allocation or within the agreed upon use of the MPO’s prior year balances.
SECTION VI GENERAL PROVISIONS
A. Access to Records. The LPA shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection or audit by INDOT and/or the Federal Highway Administration (“FHWA”) or its authorized representative, and copies thereof shall be furnished free of charge, if requested by INDOT, and/or FHWA. The LPA agrees that, upon request by any agency participating in federally- assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or make available to the agency any working papers from an audit performed by INDOT and/or FHWA of the LPA in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments.
B. Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the LPA assigns to the State all right, title and interest in and to any claims the LPA now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract.
C. Audits. The LPA acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit guidelines specified by the State. The State considers the LPA to be a “sub-recipient” for purposes of this Contract. However, if required by applicable provisions of the Office of Management and Budget Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), following the expiration of this Contract the LPA shall arrange for a financial and compliance audit of funds provided by the State pursuant to this Contract. Such audit is to be conducted by an independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled “Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources,” and applicable provisions of the Office of Management and Budget Circulars A-133 (Audits of States, Local Governments, and Non-Profit Organizations). The LPA is responsible for ensuring that the audit and any management letters are completed and forwarded to the State in accordance with the terms of this Contract.
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For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of Accounts on the time schedule set forth by the Indiana State Board of Accounts, the LPA shall provide to the Indiana State Board of Accounts, all requested documentation necessary to audit the Local Public Agency in its entirety.
If the audit is conducted by an independent public or certified public account and not the Indiana State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of Accounts within 10 (ten) days of the completion of the audit.
The audit shall be an audit of the actual entity, or distinct portion thereof that is the LPA, and not of a parent, member, or subsidiary corporation of the LPA, except to the extent such an expanded audit may be determined by the Indiana State Board of Accounts or the State to be in the best interests of the State.
D. Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized to execute this Contract on behalf of the LPA, and has obtained all necessary or applicable approvals to make this Contract fully binding upon the LPA when his/her signature is affixed and accepted by the State.
E. Certification for Federal-Aid Contracts Lobbying Activities. The LPA certifies, by signing and submitting this Contract, to the best of its knowledge and belief that the LPA has complied with Section 1352, Title 31, U.S. Code, and specifically, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the LPA, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal agreement, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, (Disclosure Form to Report Lobbying), in accordance with its instructions.
3. The LPA also agrees by signing this Contract that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
F. Compliance with Laws.
1. The LPA shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations there under, after execution of this Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of this Contract require formal modification.
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2. The LPA acknowledges that federal requirements provide for the possible loss of federal funding to one degree or another when the requirements of Public Law 91-646 and other applicable federal and state laws, rules and regulations are not complied with.
3. The LPA acknowledges paragraph 7 of the Federal Highway Program Manual, Volume 7, Chapter 1, Section 3, entitled “Withholding Federal Participation” which is herewith quoted in part as follows: “Where correctable noncompliance with provisions of law or FHWA requirements exist, federal funds may be withheld until compliance is obtained. Where compliance is not correctable, the FHWA may deny participation in parcel or project costs in part or in total.”
4. The LPA and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6- 10.5 prior to the execution of this Contract. If the LPA is not familiar with these ethical requirements, the LPA should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General’s website at http://www.in.gov/ig/. If the LPA or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to the LPA. In addition, the LPA may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities under this Contract. Failure to do so may be deemed a material breach of this Contract and grounds for immediate termination and denial of further work with the State.
6. As required by IC §5-22-3-7: (1) The LPA and any principals of the LPA certify that: (A) the LPA, except for de minimis and nonsystematic violations, has not violated the terms of: i. IC §24-4.7 [Telephone Solicitation Of Consumers]; ii. IC §24-5-12 [Telephone Solicitations]; or iii. IC §24-5-14 [Regulation of Automatic Dialing Machines]; in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by federal law; and (B) the LPA will not violate the terms of IC §24-4.7 for the duration of the Contract, even if IC §24-4.7 is preempted by federal law.
(2) The LPA and any officials of the LPA certify that an affiliate or official of the LPA and any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA except for de minimis and nonsystematic violations,
(A) has not violated the terms of IC §24-4.7 in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by federal law; and
(B) will not violate the terms of IC §24-4.7 for the duration of the Contract, even if IC §24-4.7 is preempted by federal law.
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G. Debarment and Suspension.
1. The LPA certifies by entering into this Contract that neither it nor its principals nor any of its contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Contract means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the LPA.
2. The LPA certifies that it will verify the state and federal suspension and debarment status for all contractors receiving funds under this Contract and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred contractor. The LPA shall immediately notify INDOT if any contractor becomes debarred or suspended, and shall, at INDOT’s request, take all steps required by INDOT to terminate its contractual relationship with the contractor for work to be performed under this Contract.
H. Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or a LPA Contractor that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification, may result in termination of this Contract or such remedy as INDOT deems appropriate.
The referenced section requires the following policy and disadvantaged business enterprise ("DBE") assurance to be included in all subsequent contracts between the LPA and any contractors, vendors or suppliers:
The LPA shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the LPA to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient, deems appropriate.
As part of the LPA’s equal opportunity affirmative action program, it is required that the LPA shall take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and to utilize disadvantaged business enterprise contractors, vendors or suppliers.
I. Disputes.
1. Should any disputes arise with respect to this Contract, the LPA and INDOT agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes.
2. The LPA agrees that, the existence of a dispute notwithstanding, it shall continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the LPA fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs incurred by INDOT or the LPA as a result of such failure to proceed shall be borne by the LPA.
3. If a party to the contract is not satisfied with the progress toward resolving a dispute, the party must notify in writing the other party of this dissatisfaction. Upon written notice, the PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this period, following the notification to resolve the dispute. If the dispute is not resolved within ten (10)
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working days, a dissatisfied party will submit the dispute in writing according to the following procedure:
4. The PARTIES agree to resolve such matters through submission of this dispute to the Commissioner of INDOT. The Commissioner shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the LPA within ten (10) working days after presentation of such dispute for action. The presentation may include a period of negotiations, clarifications, and mediation sessions and will not terminate until the Commissioner or one of the PARTIES concludes that the presentation period is over. The Commissioner's decision shall be final and conclusive unless either party mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner's decision, a written appeal. Within ten (10) working days of receipt by the Commissioner of a written request for appeal, the decision may be reconsidered. If a party is not satisfied with the Commissioner’s ultimate decision, the dissatisfied party may submit the dispute to an Indiana court of competent jurisdiction.
5. INDOT may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in accordance with the terms of this Contract will not be cause for LPA to terminate this Contract, and the LPA may bring suit to collect these amounts without following the disputes procedure contained herein.
J. Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the LPA hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The LPA will give written notice to the State within ten (10) days after receiving actual notice that the LPA, or an employee of the LPA in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with the State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is in excess of $25,000.00, the LPA certifies and agrees that it will provide a drug-free workplace by:
1. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the LPA’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the LPA’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;
3. Notifying all employees in the statement required by subparagraph (1) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the LPA of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
4. Notifying the State in writing within ten (10) days after receiving notice from an employee under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction;
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5. Within thirty (30) days after receiving notice under subdivision (3)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up to and including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and
6. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (1) through (5) above.
K. Employment Eligibility Verification.
The LPA affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien. The LPA further agrees that:
1. The LPA shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The LPA is not required to participate should the E-Verify program cease to exist. Additionally, the LPA is not required to participate if the LPA is self-employed and do not employee any employees.
2. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not retain an employee or contract with a person that the LPA subsequently learns is an unauthorized alien.
3. The LPA shall require its contractors, who perform work under this Contract, to certify to the LPA that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and is participating in the E-Verify program. The LPA agrees to maintain this certification throughout the duration of the term of a contract with a contractor. The State may terminate for default if the LPA fails to cure a breach of this provision no later than thirty (30) days after being notified by the State.
L. Force Majeure. In the event that any Party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected Party (hereinafter referred to as a “Force Majeure Event”), the Party who has been so affected shall immediately or as soon is reasonably possible under the circumstances give notice to the other Party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract.
M. Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and IC 5- 22-17-5, when the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of the performance of this Contract, this Contract shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive.
N. Governing Laws. This Contract shall be governed, construed and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in the State of Indiana.
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O. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmless the State of Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees, individually and/or jointly, from any and all claims, demands, actions, liability and/or liens that may be asserted by the LPA and/or by any other person, firm, corporation, insurer, government or other legal entity, for any claim for damages arising out of any and all loss, damage, injuries, and/or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or off the right-of-way, arising out of or resulting from the performance of the contract or from the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any equipment or material, whether due in whole or in part to the acts and/or omissions and/or negligent acts and/or omissions:
(a) of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys and/or employees, individually and/or jointly;
(b) of the LPA, and/or its officials, agents, representatives, attorneys and/or employees, individually and/or jointly;
(c) of any and all persons, firms, corporations, insurers, government or other legal entity engaged in the performance of the contract; and/or (d) the joint negligence of any of them, including any claim arising out of the Worker’s Compensation law or any other law, ordinance, order, or decree.
The LPA also agrees to pay all reasonable expenses and attorney’s fees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in connection herewith in the event that the LPA shall default under the provisions of this section.
The LPA also agrees to pay all reasonable expenses and attorney’s fees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in asserting successfully a claim against the LPA for indemnity pursuant to this contract.
P. Merger & Modification. This Contract constitutes the entire agreement between the PARTIES. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary PARTIES.
Q. Non-Discrimination.
1. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the Civil Rights Act of 1964 as amended, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the LPA covenants that it shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s or applicant’s race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state or local law (“Protected Characteristics”). The LPA certifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. Breach of this covenant may be regarded as a material breach of this Contract, but nothing in this covenant
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shall be construed to imply or establish an employment relationship between the State and any applicant or employee of the LPA or any subcontractor.
2. INDOT is a recipient of federal funds, and therefore, where applicable, the LPA and any subcontractors shall comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246 as amended by Executive Order 13672.
The LPA agrees that if the LPA employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the LPA will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT’s nondiscrimination enforcement is broader than the language of Title VI and encompasses other State and Federal protections. INDOT’s nondiscrimination enforcement shall include the following additional grounds: sex, sexual orientation, gender identity, ancestry, age, income status, religion, disability, limited English proficiency, or status as a veteran).
3. During the performance of this Contract, the LPA, for itself, its assignees and successors in interest (hereinafter referred to as the “LPA”) agrees to the following assurances under Title VI of the Civil Rights Act of 1964:
a. Compliance with Regulations: The LPA shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49 CFR Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract.
b. Nondiscrimination: The LPA, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, or status as a veteran in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The LPA shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulation, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the LPA of the LPA’s obligations under this Contract, and the Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, income status, limited English proficiency, or status as a veteran.
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d. Information and Reports: The LPA shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation and Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a LPA is in the exclusive possession of another who fails or refuses furnish this information, the LPA shall so certify to the Indiana Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
e. Sanctions for Noncompliance: In the event of the LPA’s noncompliance with the nondiscrimination provisions of this Contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding payments to the LPA under the Contract until the LPA complies, and/or (b) cancellation, termination or suspension of the Contract, in whole or in part.
f. Incorporation of Provisions: The LPA shall include the provisions of paragraphs a through f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The LPA shall take such action with respect to any subcontract or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the LPA becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the LPA may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation, and, in addition, the LPA may request the United States of America to enter into such litigation to protect the interests of the United States of America.
R. Payment. All payments (if any) shall be made thirty-five (35) days in arrears in conformance with State fiscal policies and procedures and, as required by IC §4-13-2-14.8, the direct deposit by electronic funds transfer to the financial institution designated by the LPA in writing unless a specific waiver has been obtained from the Indiana Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Contract except as permitted by IC §4- 13-2-20.
S. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s failure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be based on funding from federal or other sources.
T. Pollution Control Requirements. If this Contract is for $100,000 or more, the LPA:
1. Stipulates any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended;
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2. Agrees to comply with all of the requirements of the Clean Air Act (including section 114) and the Federal Water Pollution Control Act (including section 308) and all regulations and guidelines issued there under; and
3. Stipulates, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the FHWA of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA List of Violating Facilities.
U. Severability. The invalidity of any section, subsection, clause or provision of the Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of the Contract.
V. Status of Claims. The LPA shall be responsible for keeping INDOT currently advised as to the status of any claims made for damages against the LPA resulting from services performed under this Contract. The LPA shall send notice of claims related to work under this Contract to:
Chief Counsel Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204-2249
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Non-Collusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her 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 Contract other than that which appears upon the face of this Contract. Furthermore, if the undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are defined in IC §4-2-6-1, has a financial interest in the Contract, the Party attests to compliance with the disclosure requirements in IC §4-2-6-10.5.
In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The PARTIES having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof.
LPA: Allen County STATE OF INDIANA Department of Transportation
Recommended for approval by: Print or type name and title
Steven Duncan, Director Signature and date Contract Administration Division
Date: ______Print or type name and title Executed by:
Signature and date (FOR) Joseph McGuinness, Commissioner
Print or type name and title Date: ______
Department of Administration Signature and date
Lesley A. Crane, Commissioner LPA DUNS # ______Date: ______Attest State Budget Agency
Auditor or Clerk Treasurer Signature and Date Zachary Q. Jackson, Director
Date: ______
Approved as to Form and Legality: This instrument prepared by: ______(FOR) Autumn Castro Curtis T. Hill, Jr., Attorney General of Indiana December 3, 2019 Date: ______
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ATTACHMENT A
PROJECT DESCRIPTION
Des. No.: 1901699
Program: Group I
Type of Project: Road Reconstruction (3R/4R standards)
Location: Bass Road from approximately 2900’ West of Hadley Road to Brenton Glens Lane
A general scope/description of the Project is as follows:
Road Reconstruction (3R/4R standards) on Bass Road from approximately 2900’ West of Hadley Road to Brenton Glens Lane in Allen County, Indiana.
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ATTACHMENT B
LPA’S RIGHTS AND DUTIES
In addition to any other rights and duties required by Indiana or federal law, regulations, rules, policies or procedures, or described elsewhere in this Contract, the following are the LPA’s rights and duties under this Contract for the Project.
1. The LPA has requested and intends to use federal funds to partially pay for the Project. The LPA asserts that the LPA has completed or will complete the Project in accordance with INDOT’s Design Manual (See http://www.in.gov/indot/design_manual/) and all pertinent state and federal laws, regulations, policies and guidance. The LPA or its consultant shall prepare the environmental document(s) for the Project in accordance with INDOT’s Environmental Manual (See http://www.in.gov/indot/2523.htm). Land acquisition for the Project by the LPA or its consultant shall be in accordance with INDOT’s Real Estate Manuals (See http://www.in.gov/indot/2493.htm).
2. The LPA acknowledges that in order for the cost of consultant services to be eligible for federal funds or federal credits, the consultant selection must be accordance with INDOT’s consultant selection procedure.
3. REQUIREMENTS FOR ADDITIONAL CONTRACTS
A. If the LPA wishes to contract with a consultant, contractor or other agent to complete work on the Project, LPA may:
1. use the “LPA-CONSULTANT Agreement”, which is found at http://www.in.gov/indot/2833.htm and is incorporated by reference; or
2. use a form of agreement that has been reviewed and approved by INDOT.
4. The LPA agrees to provide all relevant documents including, but not limited to, all plans, specifications and special provisions, to INDOT for review and approval, and such approval will not be unreasonably withheld. If INDOT does not approve an LPA submittal, the LPA shall cause the submittal to be modified in order to secure INDOT’s approval. The LPA understands that if it fails to provide a submittal, submits it late, or the submittal is not approvable, the schedule, cost, and federal funds for the Project may be jeopardized.
5. The LPA agrees to complete all right-of-way acquisition, utility coordination and acquire the necessary permit(s) and submit documentation of such to INDOT. The utility coordination shall be in accordance with 105 IAC 13.
6. At least ninety to one hundred twenty (90 to 120) calendar days prior to INDOT’s scheduled construction letting for the project, the LPA will submit to INDOT documentation of the LPA’s fiscal body’s resolution or other official action irrevocably committing the LPA to fund the LPA’s cost of the Project as described in Attachment D.
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7. If the LPA has failed to meet any of the requirements of sections 1, 2, 4, 5, or 6 above, INDOT will not let the construction project. If INDOT, and FHWA where necessary, approve LPA’s submittals, INDOT shall schedule the Project for letting at the next reasonable date.
8. The LPA shall pay the cost of the invoice of the construction, utility, and/or railroad work within thirty (30) calendar days from the date of INDOT’s award of the construction contract.
9. The LPA understands time is of the essence regarding the Project timeline and payment of costs by the LPA. Delays in payment may cause substantial time delays and/or increased costs for the Project. If the LPA has not paid the full amount of the amount billed by INDOT, in accordance with Attachment D, within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this contract including the contracts listed in II.A.1 of Attachment D and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA’s allocation of the Motor Vehicle Highway Account to INDOT’s account.
10. The LPA shall also be responsible for all costs associated with additional provisions and/or expenses in excess of the federal funds allocated to the project. The LPA, in conjunction with FHWA (if applicable) and INDOT shall review and approve all change orders submitted by the field Project Engineer/Supervisor, and such approvals shall not be unreasonably withheld.
11. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure the performance of the work is in accordance with the construction contract, plans and specifications and any special provisions or approved change orders. If, in INDOT’s opinion, the services enumerated in this section are deemed to be incompetent or inadequate or are otherwise insufficient or if a dispute arises, INDOT shall, in its sole discretion, have the right to supplement the services or replace the engineers or inspectors providing these services at the sole expense of the LPA.
A. If project inspection will be provided by full-time LPA employees: The personnel must be employees of the LPA. Temporary employment or retainage- based payments are not permissible. INDOT must pre-approve, in writing, the LPA’s personnel. Only costs incurred after INDOT’s written notice to proceed to the LPA shall be eligible for federal-aid participation. All claims for federal-aid shall be submitted to the District office, referenced on Page 1, for payment.
or
B. If project inspection will be provided by the LPA’s consultant: INDOT must approve, in writing, the consultant personnel prior to their assignment to the project. The LPA shall execute a contract with a consultant setting forth the scope of work and fees. The LPA shall submit this contract to INDOT prior to INDOT’s Ready for Contracts date for the Project. Only costs incurred after INDOT’s written notice to proceed to the LPA and the LPA’s written notice to proceed to the consultant shall be eligible for federal aid participation. All claims for federal-aid shall be submitted to the District office, referenced on page 1, for payment.
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12. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the project’s progress and the performance of work per INDOT standard reporting methods. If the required reports are not submitted, federal funds may be withheld.
13. The LPA hereby agrees that all utilities which cross or otherwise occupy the right-of- way of said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT’s Utility Procedure and Accommodation Policy (See http://www.in.gov/indot/2389.htm). The LPA shall execute written use and occupancy contracts as defined in this Policy.
14. If FHWA or INDOT invokes sanctions per Section VI.F.2. of the General Provisions of this contract, or otherwise denies or withholds federal funds (hereinafter called a citation or cited funds) for any reason and for all or any part of the Project, the LPA agrees as follows:
a. In the case of correctable noncompliance, the LPA shall make the corrections, to the satisfaction of FHWA and INDOT, in a reasonable amount of time. If the LPA fails to do so, paragraph 14.b. and/or 14.c. below, as applicable, shall apply.
b. In case a citation for noncompliance is not correctable or if correctable and the LPA does not make any corrections, or if correctable and the LPA makes corrections that are not acceptable to FHWA and INDOT, or for whatever reason the FHWA citation continues in force beyond a reasonable amount of time, this paragraph shall apply and adjustments shall be made as follows:
1. The LPA shall reimburse INDOT the total amount of all right-of-way costs that are subject to FHWA citation that have been paid by INDOT to the LPA.
2. If no right-of-way costs have as yet been paid by INDOT to the LPA or to others, INDOT will not pay any right-of-way claim or billing that is subject to FHWA citation.
3. The LPA agrees that it is not entitled to bill INDOT or to be reimbursed for any of its right-of-way liabilities or costs that are subject to any FHWA citation in force.
c. If FHWA issues a citation denying or withholding all or any part of construction costs due to LPA noncompliance with right-of-way requirements, and construction work was or is in progress, the following shall apply:
1. INDOT may elect to terminate, suspend, or continue construction work in accord with the provisions of the construction contract.
2. INDOT may elect to pay its obligations under the provisions of the construction contract.
3. In the case of correctable noncompliance, the LPA shall make the corrections in a reasonable amount of time to the satisfaction of FHWA and INDOT.
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4. In case the noncompliance is not correctable, or if correctable and the LPA does not make any corrections, or if correctable and the LPA makes corrections that are not acceptable to FHWA or INDOT, or for whatever reason the FHWA citation continues in force beyond a reasonable amount of time, and construction work has been terminated or suspended, the LPA agrees to reimburse INDOT the full amount it paid for said construction work, less the amount of federal funds allowed by FHWA. d. In any case, the LPA shall reimburse INDOT the total cost of the Project, not eligible for federal participation. e. If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or any other entity through INDOT under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within forty-five (45) days after receipt of a billing from INDOT. Payment for any and all costs incurred by the LPA which are not eligible for federal funding shall be the sole obligation of the LPA.
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ATTACHMENT C
INDOT’S RIGHTS AND DUTIES
In addition to any other rights and duties required by Indiana or federal law or regulations or described elsewhere in this Contract, the following are INDOT’s rights and duties under the Contract:
1. INDOT shall have full authority and access to inspect and approve all plans, specifications and special provisions for the Project regardless of when those plans, specifications, special provisions or other such Project documents were created.
2. INDOT shall complete all railroad coordination for the Project on behalf of the LPA.
3. After the LPA has submitted and INDOT has accepted and/or approved all pre-letting documents, INDOT will prepare the Engineer's Estimate for construction of the Project.
4. If the LPA owes INDOT money which is more than 60 days past due, INDOT will not open the construction bids for the Project.
5. Not later than sixty (60) calendar days after receipt by INDOT of a certified copy of a resolution from the LPA’s fiscal body authorizing the LPA to make payment to INDOT according to the terms of Attachment D, and fulfillment of all other pre-letting obligations of this contract, INDOT shall, in accordance with applicable laws and rules (including I.C. 8-23-9, I.C. 8-23- 10, and 105 I.A.C. 11), conduct a scheduled letting.
6. Subject to the LPA’s written approval, INDOT shall award the construction contract for the Project according to applicable laws and rules.
7. Not later than seven (7) calendar days after INDOT awards the construction contract described above, INDOT shall invoice the LPA for the LPA’s share of the construction cost.
8. If INDOT has received the LPA’s share of the Project construction cost and if the lowest qualified bidder has not otherwise been disqualified, INDOT shall issue notice to proceed for the Project to the contractor within fourteen (14) calendar days of its receipt of the LPA share of the construction cost.
9. INDOT shall have the right and opportunity to inspect any construction under this Contract to determine whether the construction is in conformance with the plans and specifications for the Project.
10. In the event the engineering, testing, and inspection services provided by the LPA, in the opinion of INDOT, are deemed to be incompetent or inadequate or are otherwise insufficient or a dispute arises, INDOT shall, in its sole discretion, have the right to supplement the engineering, testing, and inspection force or to replace engineers or inspectors employed in such work at the expense of the LPA. INDOT's engineers shall control the work the same as on other federal aid construction contracts.
11. After the final Project audit is approved by INDOT, the LPA shall, within forty-five (45) days after receipt of INDOT’s bill, make final payment to INDOT pursuant to Attachment D or INDOT shall, within forty-five (45) days after approval of the audit, refund any Project overpayment to the LPA.
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ATTACHMENT D
PROJECT FUNDS
I. Project Costs.
A. This contract is just for the one (1) phase checked below:
Preliminary Engineering or Right-of-Way or X Construction;
Otherwise, this contract covers all phases.
B. If the Program shown on Attachment A is receiving Group I federal-aid funds for the project, the LPA is allocated the funds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to the dollar amount listed in the TIP, or any increase or decrease in the funding from a prior year, authorized by the MPO that may not be reflected in the current TIP, are hereby considered adjustments to the contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will be used to pay 80 % of the eligible Project costs. The maximum amount of federal-aid funds allocated to the Project is dependent upon the current TIP allocation. As of this date, December 3, 2019, the maximum amount according to the TIP dated July 19, 2019 is $ 4,250,000.00. The most current MPO TIP page, or MPO authorization, is uploaded into INDOT’s Scheduling Project Management System (SPMS).
OR
C. Federal-aid Funds made available to the LPA by INDOT will be used to pay % of the eligible Project costs. The maximum amount of federal funds allocated to the project is $ .
D. The LPA understands and agrees that it is INDOT’s policy to only allow non-discretionary changes to a Project scope after bidding. Changes to the Project scope after bidding that are by the choice of the LPA and are not required to complete the Project will not be eligible for federal-aid funds and must be funded 100% locally.
E. The LPA understands and agrees that the federal-aid funds allocated to the Project are intended to accomplish the original scope of the Project as designed. If the Project bid prices are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining balance of federal-aid funds will revert back to the Local Program.
F. If the Program shown on Attachment A is Group I or Group II, Section E. does not apply. If the Project bid prices are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining balance of federal-aid funds will revert back to the MPO.
G. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt, INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in a document (which specifically references section I.D. of Attachment D of this contract) signed by an authorized representative of INDOT, the Indiana Department of Administration, State Budget Agency, and the Attorney General of Indiana.
H. Costs will be eligible for FHWA participation provided that the costs:
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(1) Are for work performed for activities eligible under the section of title 23, U.S.C., applicable to the class of funds used for the activities;
(2) Are verifiable from INDOT’s or the LPA’s records;
(3) Are necessary and reasonable for proper and efficient accomplishment of project objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFR section 18.22;
(4) Are included in the approved budget, or amendment thereto; and
(5) Were not incurred prior to FHWA authorization.
II. Billings.
A. Billing:
1. When INDOT awards and enters into a contract (i.e., construction, utility, and/or railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs. The LPA shall pay the invoice within thirty (30) calendar days from date of INDOT’s billing.
2. The LPA understands time is of the essence regarding the Project timeline and costs and delays in payment may cause substantial time delays and/or increased costs for the Project.
3. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in II.A.1 of Attachment D and/or proceed in accordance with I.C. 8- 14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA’s allocation of the Motor Vehicle Highway Account to INDOT’s account.
III. Repayment Provisions.
If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within thirty (30) days after receipt of a billing from INDOT. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT may proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds for the LPA’s allocation of the Motor Vehicle Highway Account to INDOT’s account until the amount due has been repaid.
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AGENDA ITEM NO. 1.e
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Lara Dorsett, Coordinator
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Project Coordination Contract between the Board of Commissioners and Indiana Department of Transportation for Bass Rd Bridge # 82 over Anderson # 1 Drain, Des # 1901884, LPA Project # 0400119; in the federal funds award amount of $5,680,000.00.
SUGGESTED ACTION:
ATTACHMENTS: Bass Rd Bridge #82, 1901884, 20-L190192.pdf Version 7/18/2019
INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT
EDS #: A249-20-L190192 Des. No.: 1901884 CFDA No.: 20.205
This Contract is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Contract, by and between the State of Indiana, acting by and through the Indiana Department of Transportation, (hereinafter referred to as INDOT), and Allen County, a local public agency in the State of Indiana (hereinafter referred to as the LPA), and collectively referred to as the PARTIES.
NOTICE TO PARTIES
Whenever any notice, statement or other communication is required under this Contract, it shall be sent to the following address, unless otherwise specifically advised.
A. Notice to INDOT, regarding contract provisions shall be sent to:
Office of LPA and Grant Administration Attention: Director of LPA and Grant Administration 100 North Senate Avenue, Room N955-LPA Indianapolis, Indiana 46204
With a copy to:
Chief Legal Counsel and Deputy Commissioner Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204
B. Notices to INDOT regarding project management shall be sent to respective District Office:
Fort Wayne District Office 5333 Hatfield Road Fort Wayne, Indiana 46808
C. Notices to the LPA shall be sent to:
Allen County 200 East Berry Street, Suite 415 Citizens Square Fort Wayne, Indiana 46802
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RECITALS
WHEREAS, the LPA has applied to INDOT, and INDOT has approved the LPA’s application to receive federal funds for the Project described in Attachment A, and
WHEREAS, the LPA agrees to pay its share of the Project cost as stated in this Contract, and
WHEREAS, the PARTIES desire to contract on certain project description, scheduling, and funding allocation, and
WHEREAS, the PARTIES have determined the Project, is in the best interests of the citizens of the State of Indiana, and
WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8-23-2-5, 8-23-2-6, 8-23-4-7, 36-1-4-7, and 36-1-7-3, and Titles 23 and 49 of the United States Code and Titles 23 and 49 of the Code of Federal Regulations, and
WHEREAS, the LPA desires to expedite delivery of the Project, comply with all Federal requirements and fiscally manage the Project, and
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows:
The “Recitals” and “Notice to PARTIES” above are hereby made an integral part and specifically incorporated into this Contract.
SECTION I PROJECT DESCRIPTION. INDOT and the LPA enter into this Contract to complete the project described in Attachment A (the “Project”), herein attached to and made an integral part of this Contract.
SECTION II LPA RESPONSIBILITIES. The LPA will provide the information and services, or shall cause the information and services to be provided, as set out in Attachment B (LPA’s Rights and Duties), herein attached to and made an integral part of this Contract. The LPA will follow all applicable INDOT procedures, guidelines, manuals, standards, specifications and directives.
SECTION III INDOT RESPONSIBILITIES. INDOT will provide the information and services as set out in Attachment C (INDOT’s Rights and Duties), herein attached to and made an integral part of this Contract.
SECTION IV PROJECT FUNDS. INDOT will not share in the cost of the Project. INDOT will disburse funds from time to time; however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA. Payment will be made for the services performed under this Contract in accordance with Attachment D (Project Funds), which is herein attached to and made an integral part of this Contract.
SECTION V TERM AND SCHEDULE.
A. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract), between July 1, 2021 and June 30, 2022, INDOT will make the federal funds shown in section I.A. and/or I.B. of Attachment D available for the Project, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available.
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B. In the event that federal funds for the Project are not obligated during the time listed in section V.A, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2022 and June 30, 2024, INDOT will schedule the contract for letting, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available.
C. In the event that federal funds for the Project are not obligated during the period listed in section V.A. or section V.B, the federal funds allocated to the Project may be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the Project will lapse.
D. If the Program shown on Attachment A is Group I or Group II, Sections V.A, V.B and V.C do not apply, but will be obligated according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is within their fiscal year allocation or within the agreed upon use of the MPO’s prior year balances.
SECTION VI GENERAL PROVISIONS
A. Access to Records. The LPA shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for inspection or audit by INDOT and/or the Federal Highway Administration (“FHWA”) or its authorized representative, and copies thereof shall be furnished free of charge, if requested by INDOT, and/or FHWA. The LPA agrees that, upon request by any agency participating in federally- assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or make available to the agency any working papers from an audit performed by INDOT and/or FHWA of the LPA in connection with this Contract, including any books, documents, papers, accounting records and other documentation which support or form the basis for the audit conclusions and judgments.
B. Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the LPA assigns to the State all right, title and interest in and to any claims the LPA now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract.
C. Audits. The LPA acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit guidelines specified by the State. The State considers the LPA to be a “sub-recipient” for purposes of this Contract. However, if required by applicable provisions of the Office of Management and Budget Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations), following the expiration of this Contract the LPA shall arrange for a financial and compliance audit of funds provided by the State pursuant to this Contract. Such audit is to be conducted by an independent public or certified public accountant (or as applicable, the Indiana State Board of Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled “Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources,” and applicable provisions of the Office of Management and Budget Circulars A-133 (Audits of States, Local Governments, and Non-Profit Organizations). The LPA is responsible for ensuring that the audit and any management letters are completed and forwarded to the State in accordance with the terms of this Contract.
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For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of Accounts on the time schedule set forth by the Indiana State Board of Accounts, the LPA shall provide to the Indiana State Board of Accounts, all requested documentation necessary to audit the Local Public Agency in its entirety.
If the audit is conducted by an independent public or certified public account and not the Indiana State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of Accounts within 10 (ten) days of the completion of the audit.
The audit shall be an audit of the actual entity, or distinct portion thereof that is the LPA, and not of a parent, member, or subsidiary corporation of the LPA, except to the extent such an expanded audit may be determined by the Indiana State Board of Accounts or the State to be in the best interests of the State.
D. Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized to execute this Contract on behalf of the LPA, and has obtained all necessary or applicable approvals to make this Contract fully binding upon the LPA when his/her signature is affixed and accepted by the State.
E. Certification for Federal-Aid Contracts Lobbying Activities. The LPA certifies, by signing and submitting this Contract, to the best of its knowledge and belief that the LPA has complied with Section 1352, Title 31, U.S. Code, and specifically, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the LPA, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal agreement, the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, (Disclosure Form to Report Lobbying), in accordance with its instructions.
3. The LPA also agrees by signing this Contract that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.
F. Compliance with Laws.
1. The LPA shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations there under, after execution of this Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of this Contract require formal modification.
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2. The LPA acknowledges that federal requirements provide for the possible loss of federal funding to one degree or another when the requirements of Public Law 91-646 and other applicable federal and state laws, rules and regulations are not complied with.
3. The LPA acknowledges paragraph 7 of the Federal Highway Program Manual, Volume 7, Chapter 1, Section 3, entitled “Withholding Federal Participation” which is herewith quoted in part as follows: “Where correctable noncompliance with provisions of law or FHWA requirements exist, federal funds may be withheld until compliance is obtained. Where compliance is not correctable, the FHWA may deny participation in parcel or project costs in part or in total.”
4. The LPA and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6- 10.5 prior to the execution of this Contract. If the LPA is not familiar with these ethical requirements, the LPA should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General’s website at http://www.in.gov/ig/. If the LPA or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Contract immediately upon notice to the LPA. In addition, the LPA may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities under this Contract. Failure to do so may be deemed a material breach of this Contract and grounds for immediate termination and denial of further work with the State.
6. As required by IC §5-22-3-7: (1) The LPA and any principals of the LPA certify that: (A) the LPA, except for de minimis and nonsystematic violations, has not violated the terms of: i. IC §24-4.7 [Telephone Solicitation Of Consumers]; ii. IC §24-5-12 [Telephone Solicitations]; or iii. IC §24-5-14 [Regulation of Automatic Dialing Machines]; in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by federal law; and (B) the LPA will not violate the terms of IC §24-4.7 for the duration of the Contract, even if IC §24-4.7 is preempted by federal law.
(2) The LPA and any officials of the LPA certify that an affiliate or official of the LPA and any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA except for de minimis and nonsystematic violations,
(A) has not violated the terms of IC §24-4.7 in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by federal law; and
(B) will not violate the terms of IC §24-4.7 for the duration of the Contract, even if IC §24-4.7 is preempted by federal law.
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G. Debarment and Suspension.
1. The LPA certifies by entering into this Contract that neither it nor its principals nor any of its contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Contract means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the LPA.
2. The LPA certifies that it will verify the state and federal suspension and debarment status for all contractors receiving funds under this Contract and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred contractor. The LPA shall immediately notify INDOT if any contractor becomes debarred or suspended, and shall, at INDOT’s request, take all steps required by INDOT to terminate its contractual relationship with the contractor for work to be performed under this Contract.
H. Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or a LPA Contractor that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification, may result in termination of this Contract or such remedy as INDOT deems appropriate.
The referenced section requires the following policy and disadvantaged business enterprise ("DBE") assurance to be included in all subsequent contracts between the LPA and any contractors, vendors or suppliers:
The LPA shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the LPA to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient, deems appropriate.
As part of the LPA’s equal opportunity affirmative action program, it is required that the LPA shall take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and to utilize disadvantaged business enterprise contractors, vendors or suppliers.
I. Disputes.
1. Should any disputes arise with respect to this Contract, the LPA and INDOT agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes.
2. The LPA agrees that, the existence of a dispute notwithstanding, it shall continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the LPA fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs incurred by INDOT or the LPA as a result of such failure to proceed shall be borne by the LPA.
3. If a party to the contract is not satisfied with the progress toward resolving a dispute, the party must notify in writing the other party of this dissatisfaction. Upon written notice, the PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this period, following the notification to resolve the dispute. If the dispute is not resolved within ten (10)
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working days, a dissatisfied party will submit the dispute in writing according to the following procedure:
4. The PARTIES agree to resolve such matters through submission of this dispute to the Commissioner of INDOT. The Commissioner shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the LPA within ten (10) working days after presentation of such dispute for action. The presentation may include a period of negotiations, clarifications, and mediation sessions and will not terminate until the Commissioner or one of the PARTIES concludes that the presentation period is over. The Commissioner's decision shall be final and conclusive unless either party mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner's decision, a written appeal. Within ten (10) working days of receipt by the Commissioner of a written request for appeal, the decision may be reconsidered. If a party is not satisfied with the Commissioner’s ultimate decision, the dissatisfied party may submit the dispute to an Indiana court of competent jurisdiction.
5. INDOT may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in accordance with the terms of this Contract will not be cause for LPA to terminate this Contract, and the LPA may bring suit to collect these amounts without following the disputes procedure contained herein.
J. Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the LPA hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The LPA will give written notice to the State within ten (10) days after receiving actual notice that the LPA, or an employee of the LPA in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract and/or debarment of contracting opportunities with the State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Contract is in excess of $25,000.00, the LPA certifies and agrees that it will provide a drug-free workplace by:
1. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the LPA’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition;
2. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the LPA’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace;
3. Notifying all employees in the statement required by subparagraph (1) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the LPA of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;
4. Notifying the State in writing within ten (10) days after receiving notice from an employee under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction;
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5. Within thirty (30) days after receiving notice under subdivision (3)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up to and including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and
6. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (1) through (5) above.
K. Employment Eligibility Verification.
The LPA affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien. The LPA further agrees that:
1. The LPA shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The LPA is not required to participate should the E-Verify program cease to exist. Additionally, the LPA is not required to participate if the LPA is self-employed and do not employee any employees.
2. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not retain an employee or contract with a person that the LPA subsequently learns is an unauthorized alien.
3. The LPA shall require its contractors, who perform work under this Contract, to certify to the LPA that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and is participating in the E-Verify program. The LPA agrees to maintain this certification throughout the duration of the term of a contract with a contractor. The State may terminate for default if the LPA fails to cure a breach of this provision no later than thirty (30) days after being notified by the State.
L. Force Majeure. In the event that any Party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected Party (hereinafter referred to as a “Force Majeure Event”), the Party who has been so affected shall immediately or as soon is reasonably possible under the circumstances give notice to the other Party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract.
M. Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and IC 5- 22-17-5, when the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of the performance of this Contract, this Contract shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive.
N. Governing Laws. This Contract shall be governed, construed and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in the State of Indiana.
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O. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmless the State of Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees, individually and/or jointly, from any and all claims, demands, actions, liability and/or liens that may be asserted by the LPA and/or by any other person, firm, corporation, insurer, government or other legal entity, for any claim for damages arising out of any and all loss, damage, injuries, and/or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or off the right-of-way, arising out of or resulting from the performance of the contract or from the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any equipment or material, whether due in whole or in part to the acts and/or omissions and/or negligent acts and/or omissions:
(a) of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys and/or employees, individually and/or jointly;
(b) of the LPA, and/or its officials, agents, representatives, attorneys and/or employees, individually and/or jointly;
(c) of any and all persons, firms, corporations, insurers, government or other legal entity engaged in the performance of the contract; and/or (d) the joint negligence of any of them, including any claim arising out of the Worker’s Compensation law or any other law, ordinance, order, or decree.
The LPA also agrees to pay all reasonable expenses and attorney’s fees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in connection herewith in the event that the LPA shall default under the provisions of this section.
The LPA also agrees to pay all reasonable expenses and attorney’s fees incurred by or imposed on the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or employees, individually and/or jointly, in asserting successfully a claim against the LPA for indemnity pursuant to this contract.
P. Merger & Modification. This Contract constitutes the entire agreement between the PARTIES. No understandings, agreements, or representations, oral or written, not specified within this Contract will be valid provisions of this Contract. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary PARTIES.
Q. Non-Discrimination.
1. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the Civil Rights Act of 1964 as amended, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the LPA covenants that it shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s or applicant’s race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal, state or local law (“Protected Characteristics”). The LPA certifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. Breach of this covenant may be regarded as a material breach of this Contract, but nothing in this covenant
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shall be construed to imply or establish an employment relationship between the State and any applicant or employee of the LPA or any subcontractor.
2. INDOT is a recipient of federal funds, and therefore, where applicable, the LPA and any subcontractors shall comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246 as amended by Executive Order 13672.
The LPA agrees that if the LPA employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the LPA will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT’s nondiscrimination enforcement is broader than the language of Title VI and encompasses other State and Federal protections. INDOT’s nondiscrimination enforcement shall include the following additional grounds: sex, sexual orientation, gender identity, ancestry, age, income status, religion, disability, limited English proficiency, or status as a veteran).
3. During the performance of this Contract, the LPA, for itself, its assignees and successors in interest (hereinafter referred to as the “LPA”) agrees to the following assurances under Title VI of the Civil Rights Act of 1964:
a. Compliance with Regulations: The LPA shall comply with the regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49 CFR Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract.
b. Nondiscrimination: The LPA, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, or status as a veteran in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The LPA shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulation, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the LPA for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the LPA of the LPA’s obligations under this Contract, and the Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual orientation, gender identity, national origin, religion, disability, ancestry, income status, limited English proficiency, or status as a veteran.
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d. Information and Reports: The LPA shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation and Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a LPA is in the exclusive possession of another who fails or refuses furnish this information, the LPA shall so certify to the Indiana Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
e. Sanctions for Noncompliance: In the event of the LPA’s noncompliance with the nondiscrimination provisions of this Contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding payments to the LPA under the Contract until the LPA complies, and/or (b) cancellation, termination or suspension of the Contract, in whole or in part.
f. Incorporation of Provisions: The LPA shall include the provisions of paragraphs a through f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The LPA shall take such action with respect to any subcontract or procurement as the Indiana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance, provided, however, that in the event the LPA becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the LPA may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation, and, in addition, the LPA may request the United States of America to enter into such litigation to protect the interests of the United States of America.
R. Payment. All payments (if any) shall be made thirty-five (35) days in arrears in conformance with State fiscal policies and procedures and, as required by IC §4-13-2-14.8, the direct deposit by electronic funds transfer to the financial institution designated by the LPA in writing unless a specific waiver has been obtained from the Indiana Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Contract except as permitted by IC §4- 13-2-20.
S. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s failure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be based on funding from federal or other sources.
T. Pollution Control Requirements. If this Contract is for $100,000 or more, the LPA:
1. Stipulates any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended;
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2. Agrees to comply with all of the requirements of the Clean Air Act (including section 114) and the Federal Water Pollution Control Act (including section 308) and all regulations and guidelines issued there under; and
3. Stipulates, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the FHWA of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA List of Violating Facilities.
U. Severability. The invalidity of any section, subsection, clause or provision of the Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of the Contract.
V. Status of Claims. The LPA shall be responsible for keeping INDOT currently advised as to the status of any claims made for damages against the LPA resulting from services performed under this Contract. The LPA shall send notice of claims related to work under this Contract to:
Chief Counsel Indiana Department of Transportation 100 North Senate Avenue, Room N758 Indianapolis, Indiana 46204-2249
The remainder of this page is intentionally left blank.
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Non-Collusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her 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 Contract other than that which appears upon the face of this Contract. Furthermore, if the undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are defined in IC §4-2-6-1, has a financial interest in the Contract, the Party attests to compliance with the disclosure requirements in IC §4-2-6-10.5.
In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The PARTIES having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof.
LPA: Allen County STATE OF INDIANA Department of Transportation
Recommended for approval by: Print or type name and title
Steven Duncan, Director Signature and date Contract Administration Division
Date: ______Print or type name and title Executed by:
Signature and date (FOR) Joseph McGuinness, Commissioner
Print or type name and title Date: ______
Department of Administration Signature and date
Lesley A. Crane, Commissioner LPA DUNS # ______Date: ______Attest State Budget Agency
Auditor or Clerk Treasurer Signature and Date Zachary Q. Jackson, Director
Date: ______
Approved as to Form and Legality: This instrument prepared by: ______(FOR) Autumn Castro Curtis T. Hill, Jr., Attorney General of Indiana November 18, 2019 Date: ______
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ATTACHMENT A
PROJECT DESCRIPTION
Des. No.: 1901884
Program: Group I
Type of Project: New Bridge, Other
Location: Bass Road county bridge #82 over Anderson #1 drain
A general scope/description of the Project is as follows:
New Bridge, Other, on Bass Road county bridge #82 over Anderson #1 drain in Allen County, Indiana.
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ATTACHMENT B
LPA’S RIGHTS AND DUTIES
In addition to any other rights and duties required by Indiana or federal law, regulations, rules, policies or procedures, or described elsewhere in this Contract, the following are the LPA’s rights and duties under this Contract for the Project.
1. The LPA has requested and intends to use federal funds to partially pay for the Project. The LPA asserts that the LPA has completed or will complete the Project in accordance with INDOT’s Design Manual (See http://www.in.gov/indot/design_manual/) and all pertinent state and federal laws, regulations, policies and guidance. The LPA or its consultant shall prepare the environmental document(s) for the Project in accordance with INDOT’s Environmental Manual (See http://www.in.gov/indot/2523.htm). Land acquisition for the Project by the LPA or its consultant shall be in accordance with INDOT’s Real Estate Manuals (See http://www.in.gov/indot/2493.htm).
2. The LPA acknowledges that in order for the cost of consultant services to be eligible for federal funds or federal credits, the consultant selection must be accordance with INDOT’s consultant selection procedure.
3. REQUIREMENTS FOR ADDITIONAL CONTRACTS
A. If the LPA wishes to contract with a consultant, contractor or other agent to complete work on the Project, LPA may:
1. use the “LPA-CONSULTANT Agreement”, which is found at http://www.in.gov/indot/2833.htm and is incorporated by reference; or
2. use a form of agreement that has been reviewed and approved by INDOT.
4. The LPA agrees to provide all relevant documents including, but not limited to, all plans, specifications and special provisions, to INDOT for review and approval, and such approval will not be unreasonably withheld. If INDOT does not approve an LPA submittal, the LPA shall cause the submittal to be modified in order to secure INDOT’s approval. The LPA understands that if it fails to provide a submittal, submits it late, or the submittal is not approvable, the schedule, cost, and federal funds for the Project may be jeopardized.
5. The LPA agrees to complete all right-of-way acquisition, utility coordination and acquire the necessary permit(s) and submit documentation of such to INDOT. The utility coordination shall be in accordance with 105 IAC 13.
6. At least ninety to one hundred twenty (90 to 120) calendar days prior to INDOT’s scheduled construction letting for the project, the LPA will submit to INDOT documentation of the LPA’s fiscal body’s resolution or other official action irrevocably committing the LPA to fund the LPA’s cost of the Project as described in Attachment D.
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7. If the LPA has failed to meet any of the requirements of sections 1, 2, 4, 5, or 6 above, INDOT will not let the construction project. If INDOT, and FHWA where necessary, approve LPA’s submittals, INDOT shall schedule the Project for letting at the next reasonable date.
8. The LPA shall pay the cost of the invoice of the construction, utility, and/or railroad work within thirty (30) calendar days from the date of INDOT’s award of the construction contract.
9. The LPA understands time is of the essence regarding the Project timeline and payment of costs by the LPA. Delays in payment may cause substantial time delays and/or increased costs for the Project. If the LPA has not paid the full amount of the amount billed by INDOT, in accordance with Attachment D, within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this contract including the contracts listed in II.A.1 of Attachment D and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA’s allocation of the Motor Vehicle Highway Account to INDOT’s account.
10. The LPA shall also be responsible for all costs associated with additional provisions and/or expenses in excess of the federal funds allocated to the project. The LPA, in conjunction with FHWA (if applicable) and INDOT shall review and approve all change orders submitted by the field Project Engineer/Supervisor, and such approvals shall not be unreasonably withheld.
11. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure the performance of the work is in accordance with the construction contract, plans and specifications and any special provisions or approved change orders. If, in INDOT’s opinion, the services enumerated in this section are deemed to be incompetent or inadequate or are otherwise insufficient or if a dispute arises, INDOT shall, in its sole discretion, have the right to supplement the services or replace the engineers or inspectors providing these services at the sole expense of the LPA.
A. If project inspection will be provided by full-time LPA employees: The personnel must be employees of the LPA. Temporary employment or retainage- based payments are not permissible. INDOT must pre-approve, in writing, the LPA’s personnel. Only costs incurred after INDOT’s written notice to proceed to the LPA shall be eligible for federal-aid participation. All claims for federal-aid shall be submitted to the District office, referenced on Page 1, for payment.
or
B. If project inspection will be provided by the LPA’s consultant: INDOT must approve, in writing, the consultant personnel prior to their assignment to the project. The LPA shall execute a contract with a consultant setting forth the scope of work and fees. The LPA shall submit this contract to INDOT prior to INDOT’s Ready for Contracts date for the Project. Only costs incurred after INDOT’s written notice to proceed to the LPA and the LPA’s written notice to proceed to the consultant shall be eligible for federal aid participation. All claims for federal-aid shall be submitted to the District office, referenced on page 1, for payment.
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12. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the project’s progress and the performance of work per INDOT standard reporting methods. If the required reports are not submitted, federal funds may be withheld.
13. The LPA hereby agrees that all utilities which cross or otherwise occupy the right-of- way of said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT’s Utility Procedure and Accommodation Policy (See http://www.in.gov/indot/2389.htm). The LPA shall execute written use and occupancy contracts as defined in this Policy.
14. If FHWA or INDOT invokes sanctions per Section VI.D.2. of the General Provisions of this contract, or otherwise denies or withholds federal funds (hereinafter called a citation or cited funds) for any reason and for all or any part of the Project, the LPA agrees as follows:
a. In the case of correctable noncompliance, the LPA shall make the corrections, to the satisfaction of FHWA and INDOT, in a reasonable amount of time. If the LPA fails to do so, paragraph 14.b. and/or 14.c. below, as applicable, shall apply.
b. In case a citation for noncompliance is not correctable or if correctable and the LPA does not make any corrections, or if correctable and the LPA makes corrections that are not acceptable to FHWA and INDOT, or for whatever reason the FHWA citation continues in force beyond a reasonable amount of time, this paragraph shall apply and adjustments shall be made as follows:
1. The LPA shall reimburse INDOT the total amount of all right-of-way costs that are subject to FHWA citation that have been paid by INDOT to the LPA.
2. If no right-of-way costs have as yet been paid by INDOT to the LPA or to others, INDOT will not pay any right-of-way claim or billing that is subject to FHWA citation.
3. The LPA agrees that it is not entitled to bill INDOT or to be reimbursed for any of its right-of-way liabilities or costs that are subject to any FHWA citation in force.
c. If FHWA issues a citation denying or withholding all or any part of construction costs due to LPA noncompliance with right-of-way requirements, and construction work was or is in progress, the following shall apply:
1. INDOT may elect to terminate, suspend, or continue construction work in accord with the provisions of the construction contract.
2. INDOT may elect to pay its obligations under the provisions of the construction contract.
3. In the case of correctable noncompliance, the LPA shall make the corrections in a reasonable amount of time to the satisfaction of FHWA and INDOT.
Attachment B, Page 3 of 4 Version 7/18/2019
4. In case the noncompliance is not correctable, or if correctable and the LPA does not make any corrections, or if correctable and the LPA makes corrections that are not acceptable to FHWA or INDOT, or for whatever reason the FHWA citation continues in force beyond a reasonable amount of time, and construction work has been terminated or suspended, the LPA agrees to reimburse INDOT the full amount it paid for said construction work, less the amount of federal funds allowed by FHWA. d. In any case, the LPA shall reimburse INDOT the total cost of the Project, not eligible for federal participation. e. If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or any other entity through INDOT under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within forty-five (45) days after receipt of a billing from INDOT. Payment for any and all costs incurred by the LPA which are not eligible for federal funding shall be the sole obligation of the LPA.
Attachment B, Page 4 of 4 Version 7/18/2019
ATTACHMENT C
INDOT’S RIGHTS AND DUTIES
In addition to any other rights and duties required by Indiana or federal law or regulations or described elsewhere in this Contract, the following are INDOT’s rights and duties under the Contract:
1. INDOT shall have full authority and access to inspect and approve all plans, specifications and special provisions for the Project regardless of when those plans, specifications, special provisions or other such Project documents were created.
2. INDOT shall complete all railroad coordination for the Project on behalf of the LPA.
3. After the LPA has submitted and INDOT has accepted and/or approved all pre-letting documents, INDOT will prepare the Engineer's Estimate for construction of the Project.
4. If the LPA owes INDOT money which is more than 60 days past due, INDOT will not open the construction bids for the Project.
5. Not later than sixty (60) calendar days after receipt by INDOT of a certified copy of a resolution from the LPA’s fiscal body authorizing the LPA to make payment to INDOT according to the terms of Attachment D, and fulfillment of all other pre-letting obligations of this contract, INDOT shall, in accordance with applicable laws and rules (including I.C. 8-23-9, I.C. 8-23- 10, and 105 I.A.C. 11), conduct a scheduled letting.
6. Subject to the LPA’s written approval, INDOT shall award the construction contract for the Project according to applicable laws and rules.
7. Not later than seven (7) calendar days after INDOT awards the construction contract described above, INDOT shall invoice the LPA for the LPA’s share of the construction cost.
8. If INDOT has received the LPA’s share of the Project construction cost and if the lowest qualified bidder has not otherwise been disqualified, INDOT shall issue notice to proceed for the Project to the contractor within fourteen (14) calendar days of its receipt of the LPA share of the construction cost.
9. INDOT shall have the right and opportunity to inspect any construction under this Contract to determine whether the construction is in conformance with the plans and specifications for the Project.
10. In the event the engineering, testing, and inspection services provided by the LPA, in the opinion of INDOT, are deemed to be incompetent or inadequate or are otherwise insufficient or a dispute arises, INDOT shall, in its sole discretion, have the right to supplement the engineering, testing, and inspection force or to replace engineers or inspectors employed in such work at the expense of the LPA. INDOT's engineers shall control the work the same as on other federal aid construction contracts.
11. After the final Project audit is approved by INDOT, the LPA shall, within forty-five (45) days after receipt of INDOT’s bill, make final payment to INDOT pursuant to Attachment D or INDOT shall, within forty-five (45) days after approval of the audit, refund any Project overpayment to the LPA.
Attachment C, Page 1 of 1 Version 7/18/2019
ATTACHMENT D
PROJECT FUNDS
I. Project Costs.
A. This contract is just for the one (1) phase checked below:
Preliminary Engineering or Right-of-Way or X Construction;
Otherwise, this contract covers all phases.
B. If the Program shown on Attachment A is receiving Group I federal-aid funds for the project, the LPA is allocated the funds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to the dollar amount listed in the TIP, or any increase or decrease in the funding from a prior year, authorized by the MPO that may not be reflected in the current TIP, are hereby considered adjustments to the contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will be used to pay 80 % of the eligible Project costs. The maximum amount of federal-aid funds allocated to the Project is dependent upon the current TIP allocation. As of this date, November 18, 2019, the maximum amount according to the TIP dated July 19, 2019 is $ 5,680,000.00. The most current MPO TIP page, or MPO authorization, is uploaded into INDOT’s Scheduling Project Management System (SPMS).
OR
C. Federal-aid Funds made available to the LPA by INDOT will be used to pay % of the eligible Project costs. The maximum amount of federal funds allocated to the project is $ .
D. The LPA understands and agrees that it is INDOT’s policy to only allow non-discretionary changes to a Project scope after bidding. Changes to the Project scope after bidding that are by the choice of the LPA and are not required to complete the Project will not be eligible for federal-aid funds and must be funded 100% locally.
E. The LPA understands and agrees that the federal-aid funds allocated to the Project are intended to accomplish the original scope of the Project as designed. If the Project bid prices are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining balance of federal-aid funds will revert back to the Local Program.
F. If the Program shown on Attachment A is Group I or Group II, Section E. does not apply. If the Project bid prices are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining balance of federal-aid funds will revert back to the MPO.
G. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt, INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in a document (which specifically references section I.D. of Attachment D of this contract) signed by an authorized representative of INDOT, the Indiana Department of Administration, State Budget Agency, and the Attorney General of Indiana.
H. Costs will be eligible for FHWA participation provided that the costs:
Attachment D, Page 1 of 2
Version 7/18/2019
(1) Are for work performed for activities eligible under the section of title 23, U.S.C., applicable to the class of funds used for the activities;
(2) Are verifiable from INDOT’s or the LPA’s records;
(3) Are necessary and reasonable for proper and efficient accomplishment of project objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFR section 18.22;
(4) Are included in the approved budget, or amendment thereto; and
(5) Were not incurred prior to FHWA authorization.
II. Billings.
A. Billing:
1. When INDOT awards and enters into a contract (i.e., construction, utility, and/or railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs. The LPA shall pay the invoice within thirty (30) calendar days from date of INDOT’s billing.
2. The LPA understands time is of the essence regarding the Project timeline and costs and delays in payment may cause substantial time delays and/or increased costs for the Project.
3. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in II.A.1 of Attachment D and/or proceed in accordance with I.C. 8- 14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA’s allocation of the Motor Vehicle Highway Account to INDOT’s account.
III. Repayment Provisions.
If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within thirty (30) days after receipt of a billing from INDOT. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT may proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds for the LPA’s allocation of the Motor Vehicle Highway Account to INDOT’s account until the amount due has been repaid.
Attachment D, Page 2 of 2
AGENDA ITEM NO. 1.f
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Lara Dorsett, Coordinator
ITEM TYPE: Change Order
AGENDA SECTION: Items for Consideration:
SUBJECT: Amendment to Agreement between the Board of Commissioner and American Structurepoint, Inc. for inspection services on the upcoming Bass Rd – Phase 2A project due to the removal of Phase 1B from the construction letting.
SUGGESTED ACTION:
ATTACHMENTS: Amendment 1_Bass Road_Structurepoint Signed.pdf
AGENDA ITEM NO. 1.g
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Lara Dorsett, Coordinator
ITEM TYPE: Change Order
AGENDA SECTION: Items for Consideration:
SUBJECT: Amendment # 1 to the Agreement between the Board of Commissioners and Lochmueller Group, Inc. for Union Chapel Rd, East of Tonkel Rd for additional right-of-way engineering services, Project # 1800718; in the amount of $3,605.00 (increase).
SUGGESTED ACTION:
ATTACHMENTS: Amend #1 Project #1800718 .pdf
AGENDA ITEM NO. 1.h
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Agreement between the Board of Commissioners, NewAllen Alliance, and Sturtz Public Management Group, LLC for Rural Community Liaison
SUGGESTED ACTION:
ATTACHMENTS: SturtzPMG 2020 Community Liaison Contract NewAllen Administration Spreadsheet (Autosaved).xlsx PROFESSIONAL SERVICES CONTRACT Rural Community Liaison Services
THIS CONTRACT entered into this ___ day of December 2019, by and between Sturtz Public Management Group, LLC (“Consultant”), the NewAllen Alliance, and the Board of Commissioners of the County of Allen (“Allen County”)
WITNESSETH, that the Consultant in conjunction with NewAllen Alliance and Allen County (collectively “Client”), for the consideration herinafter named, agree as follows:
1. CONTRACT DOCUMENTS
a. The contract documents shall consist of:
1. This contract 2. NewAllen Administration Spreadsheet (As Amended by NewAllen Alliance Board Approval)
2. SCOPE OF SERVICES-CONSULTANT
The purpose of the Rural Community Liaison consulting and administrative services is to exclusively support activities related to: Act as liaison between community groups, government agencies/departments, developers, and the general public. Act as lead coordinator with the NewAllen Alliance and incorporated cities and towns in Allen County. Implement strategic priorities as defined by the leadership of the NewAllen Alliance and Allen County. Coordinate leadership from cities and towns, both individually and collectively, to move communities toward growth using the Strategic Improvement Plan as created by the NewAllen Alliance and supported by Allen County. Act as project manager for the various needs of the communities associated with the NewAllen Alliance with the ability to assess and prioritize multiple tasks, projects and demands. Build overall collaboration between communities, civic groups, private individuals, businesses, political leaders and other in a coordinated effort to promote and grow the communities. Act as lead administrator to the East Allen Rural Revival Regional Development Plan and the Indiana Regional Stellar Communities designation responsibilities as outlined in the attached project administration spreadsheet (“Project”). Provide website and social media management services.
1 Assumptions
Below is a list of assumptions that were considered in the development of a scope of work for this proposal.
The Consultant will report directly to the NewAllen Alliance Board President and Allen County Commissioners (or assigned delegate). The Consultant will interact with and serve the NewAllen Alliance Board and activities related to community and economic development in East Allen County. The Consultant will serve the NewAllen Alliance Board on all standard work effort that falls under the Base Scope of Work. The Consultant will report to and attend the meetings of the NewAllen Alliance Board. Quarterly progress reports shall be submitted to the New Allen Board President and Allen County Commissioners to be disseminated to leadership as determined to be appropriate. The following onsite resources will be provided to the Consultant by Allen County for use as needed: o Access to resources and scheduling process to secure required meeting resources, such as conference rooms, teleconference lines, equipment, etc., for New Allen activities.
3. CHANGE IN SCOPE OF SERVICES; CONTRACT MODIFICATION
a. The scope of services set forth in this Contract is based on facts known at the time of execution of this Contract, including, if applicable, information supplied by the Consultant and the Client. b. The Consultant will promptly notify the Client’s representative verbally and in writing of any perceived changes in the scope of the work, and the parties hereto shall negotiate modifications, if any, to this Contract. c. This Contract, upon execution by all parties hereto, can be modified only by a written change order issued by the Client specifying the change in the scope of services and approved by both parties.
4. CLIENT’S DESIGNATED REPRESENTATIVE
a. The Client’s designated representative is:
Kent Castleman, NewAllen Alliance
c. All questions concerning execution of the work under this Contract shall be directed to the Client’s Representative.
2 5. COMPENSATION
a. The Client shall pay the Consultant for actual work completed according to the Consultant’s invoices, but not to exceed $75,000.
b. If the Contract amount is increased or decreased by the Client, it shall be increased or decreased in accordance with a written change order issued by the Client specifying the amount of the change. Any increase shall be approved by all parties.
c. The Consultant will charge the Client the following rates, excluding website and social media maintenance.
President: $100.00/Hour Principal Planner/Grants Specialist: $80.00/Hour Assistant Planner: $40.00/Hour
d. Website maintenance will be billed at $100.00 per month ($1,200 total) and will include up to three hours of maintenance work. This will be covered under a sub-contract with Signature Web Creations.
e. Social media management will be billed at $300.00 per month ($3,600 total) and will include: Facebook and Instagram account management, content creation (copy, imagery), engagement with fans, quarterly engagement and effectiveness report, notification of any important notices, messages, or conversations, response to comments and direct messages, 2-3 posts/week, monthly meeting (phone, video call, or in person), social media ad creation (ad budget separate). This will be covered under a sub-contract with Socially Seasoned.
6. INVOICES AND PAYMENT
a. The Consultant’s invoices shall be prepared in a form that specifies the scope of work that has been completed during the invoice period.
b. The Consultant shall with each invoice provide additional support documentation as the Client may reasonably require.
c. The Client shall pay the Consultant within thirty (30) calendar days of the receipt of an approved invoice.
1. INSURANCE
3 a. Consultant shall, at its own cost and expense, obtain and maintain insurance Commercial general liability insurance with minimum single limit coverage of coverage on an occurrence basis as follows:
b. $1 million each occurrence and $2 million aggregate limit covering liability arising from premises, operations, independent contractors, products/completed operations, personal injury, advertising injury, and liability assumed under an insured contract (includes hired and non-owned auto coverage);
c. Professional liability insurance policy with minimum coverage of $1 million each claim and $1 million aggregate covering liability arising from negligent delivery of professional services;
d. Workmen’s Compensation $100,000 per accident, $500,000 by disease policy limit and $100,000 by disease each employee;
e. Automobile insurance: Commercial automobile insurance ($1,000,000 combined single limit) by the President of Sturtz Public Management Group, LLC;
8. START AND COMPLETION OF WORK; NOTICE TO PROCEED
a. The work shall commence in accordance with the terms of the Scope of Services unless circumstances imposed by the Client preclude progress toward completion, or due to events beyond the control of the Consultant.
b. “Events beyond the control of the Consultant” shall not be limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any government agency, any of which are not the result of the Consultants acts, errors or omissions, or of the Consultants failure to anticipate events beyond its control. The Consultant shall notify the Client promptly upon the occurrence of any event claimed by the Consultant to be an event beyond the control of the Consultant. The Consultant’s failure to so notify the Client shall preclude the Consultant from claiming that an event beyond the control of the Consultant prevented timely performance of the Consultants obligations under this Contract. Where such an Event results in delay to any schedule established in this Contract, such schedule shall be extended for a period equal to the delay.
c. The Consultant will promptly notify the Client of any delays.
d. The execution of this Contract by both parties constitutes notice to the Consultant to proceed with the work. Services shall commence upon the date of signature of this contract and end December 31, 2020.
4 9. STANDARD OF CARE
a. Services shall be performed in accordance with the standards of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the services are performed. No warranties or guarantees, expressed or implied are provided, including warranties or guarantees contained in any uniform commercial code.
10. TERMINATION OR SUSPENSION
a. Either party may terminate this Contract upon thirty (30) days written notice to the other parties in the event of substantial failure by the other party to perform in accordance with its obligations under this Contract through no fault of the termination party.
b. Consultant or Client, for purposes of convenience, may at any time upon thirty (30) days written notice terminate the services under this Contract. In the event of such termination, Consultant shall be paid for all the authorized services rendered prior and expenses relating thereto.
11. DOCUMENT USE
a. All documents may be subject to the Access to Public Records statute and shall be disclosed according to Indiana State Law.
12. CONFIDENTIALITY OF DATA, PROPERTY RIGHTS IN PRODUCTS, AND COPYRIGHT PROHIBITION
a. Consultant agrees that all information, data findings, recommendations, proposals, etc. by whatever form therein secured, developed written or produced by the Consultant in furtherance of this contract shall be the property of the Client. The consultant shall take action as is necessary under the law to preserve such property rights in and of the Client while the property is within the control and/ or custody of the Consultant. By this contract, the Consultant specifically waives and /or releases to the Client any cognizable property right of the Consultant to copyright, license, or patent such information, data findings, recommendations, proposals, etc.
13. CONFIDENTIALITY OF CLIENT INFORMATION
a. Consultant understands and agrees that data, materials, and information disclosed to Consultant may contain confidential and protected data. Therefore, the Consultant promises and assures that data, materials, and information gathered, based upon or disclosed to the Consultant for the purpose of this
5 contract, will not be disclosed to others or discussed with other parties without the prior written consent of the Client.
14. RELATIONSHIP WITH OTHER CONSULTANTS
a. Consultant shall serve as Client’s professional representative for the Project, and may make recommendations to Client concerning actions relating to Client’s other Consultants, but Consultant specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences or procedures of work selected by the Client’s other Consultants.
15. INDEMNITIES
a. The Consultant will indemnify and save harmless the Client, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney’s fees resulting from a willful or negligent act or omission of the Consultant, its officers, agents, servants and employees in the performance of the Contract; provided, however, that the Consultant shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney’s fees arising out of the award of the contract or a willful or negligent act or omission of the Client, its officers, agents, servants and employees.
16. NO WAIVER
a. No waiver by either part of any default by the other party in the performance of any particular section of this contract shall invalidate another section of this Contract or operate as a waiver of any future default, whether like or different in character.
17. ASSIGNMENT
a. The rights and obligations of this Contract cannot be assigned by any party without written permission of the other party. This contract shall be binding upon and inure to the benefit of any permitted assigns.
18. SEVERABILITY
a. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder.
6 19. LEGAL AUTHORITY
a. The persons signing this Contract warrant that they have the authority to execute this Contract.
b. This Contract is governed by the laws of the State of Indiana.
c. Venue shall be Allen County, Indiana.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in duplicate as of the date first set out above.
NewAllen Alliance (“Client” herein)
By:______Kent Castleman, Executive Director
Allen County, Indiana (“Client” herein)
By: ______Richard E. Beck, County Commissioner
Allen County, Indiana (“Client” herein)
By: ______Therese M. Brown, County Commissioner
Allen County, Indiana (“Client” herein)
By: ______F. Nelson Peters, County Commissioner
Sturtz Public Management Group, LLC (“Consultant” herein)
By:______Kristi Sturtz, President/Owner
7 NewAllen East Allen Rural Revival Regional Development Plan Portfolio Project Administration
Stellar Designation Oversight - NewAllen Liaison Task Descriptions 1 Development Team Coordination: Conduct Regular Development Team Coordination Meetings,Oversee Progress Reports, Provide Project Development Input, Troubleshoot 2 Committee Interaction: Provide input to the work of NewAllen Committees: 3 Participate in monthly NewAllen Board meetings. 4 Conduct quarterly meetings with NewAllen Board and Community Elected Officials. 5 Interact with the Purdue Center for Regional Communities: Coordinate with Purdue on sustainability efforts as part of the Stellar designation. 6 Track Regional Development Plan Metrics: Track metrics presented in the Regional Development Plan pertaining to: Economic Sustainability, Regional Vitality and Livable Communities, 7 State Project Updates & Misc. Liaison Responsibilities: Act as lead communicator with the State regarding Stellar designaton activities, participate in progress meetings.
Project Portfolio - Stellar Projects - NewAllen Liaison Has Involvement in all Stellar Projects Project Administration Lead (Administration Funded Through Separate Contracts. Note: A Certified CDBG Grant Administrator is required on all # Stellar Project Fiscal Agent OCRA Projects ) Engineering NewAllen Liaison Role
Development Team Project Communication & Reporting, 1 East Allen Owner Occupied Rehabilitation Brightpoint Brightpoint N/A Project Development Input
St. Joseph Community Foundation Development Team Project Communication & Reporting, 2 Healing Seeds Kitchen Classes (SJCHF) or Allen County SJCHF, Parkview Assist N/A Project Development Input
Development Team Project Communication & Reporting, 3 Grabill Downtown Streetscape Enhancement Town of Grabill NIRCC DLZ Project Development Input
Development Team Project Communication & Reporting, 4 Leo-Cedarville Downtown Streetscape Enhancement Town of Leo-Cedarville NIRCC ERI Project Development Input
Development Team Project Communication & Reporting, 5 Monroeville Trail Town of Monroeville NIRCC A&Z Project Development Input Development Team Project Communication & Reporting, 6 Monroe Wastewater Improvements Town of Monroeville NIRCC ERI Project Development Input
Development Team Project Communication & Reporting, 7 New Haven Meadowbrook Trail City of New Haven SturtzPMG A&Z Project Development Input
Development Team Project Communication & Reporting, 8 New Haven-Adams Twp. Community Center Park City of New Haven SturtzPMG JPR Project Development Input Development Team Project Communication & Reporting, 9 Kady Gene Cove Senior LIHTC Housing Keller Development Keller Development MLS Engineering, Inc. Project Development Input Development Team Project Communication & Reporting, 10 Woodburn Downtown Streetscape Enhancment City of Woodburn SturtzPMG JPR Project Development Input Development Team Project Communication & Reporting, 11 Woodburn Sidewalks City of Woodburn NIRCC A&Z Project Development Input
Project Portfolio - Complementary Projects with NewAllen Liaison Project Development Involvement Project Administration Lead (Administration Funded Through # Complementary Project Fiscal Agent Separate Contracts) Engineering NewAllen Liaison Role Allen County, Town of Leo- AC Highway, Leo-Cedarvile Allen County - DLZ, Leo - Eng. Development Team Project Communication & Reporting, 12 Cedar Creek Parks Trail Cedarville TM/Eng. Resources, Grabill - DLZ Project Development Input
Allen County, Harlan Assoc., Development Team Project Communication & Reporting, 13 Allen County Operations and Maintenance Fund Hoagland Area Advancement Assoc. Allen County Highway N/A Project Development Input
Development Team Project Communication & Reporting, 14 Harlan Community Park Improvements Allen County, Harlan Assoc. Allen County Highway DLZ Project Development Input
Allen County, Harlan Area Development Team Project Communication & Reporting, 15 Harlan Downtown Plan & Const. Grant Revitalization Task Force NIRCC TBD Project Development Input
Development Team Project Communication & Reporting, 16 Hoagland Streetlights Allen County , HAAA Allen County Highway DLZ Project Development Input
Development Team Project Communication & Reporting, 17 Hoagland Community Park Improvements Allen County, HAAA Allen County Highway DLZ Project Development Input
Development Team Project Communication & Reporting, 19 Monroeville Small Site Senior Housing Niemeyer Builders Brightpoint TBD Project Development Input
Development Team Project Communication & Reporting, 21 New Haven Façade Improvement Program New Haven New Haven ED & Planning N/A Project Development Input
Development Team Project Communication & Reporting, 22 East Allen County Schools Career & Tech Center East Allen County Schools East Allen County Schools N/A Project Development Input
Development Team Project Communication & Reporting, 23 Woodburn Community Park Maumee Twp, Woodburn NIRCC-Park Plan JPR Project Development Input
Woodburn, Allen County Development Team Project Communication & Reporting, 24 Woodburn Industrial Park Site Development Woodburn Redevelopment Assist A&Z Project Development Input
NewAllen Placemaking Development Team Project Communication & Reporting, 25 Regional Placemaking & Branding Strategy NewAllen Committee N/A Project Development Lead
Project Portfolio - Complementary Projects without NewAllen Liaison Project Development Involvement Project Administration Lead (Administration Funded Through # Complementary Project Fiscal Agent Separate Contracts) Project Admin Support NewAllen Liaison Role 26 Grabill Upgrades to Water Pumps and Wells Grabill Grabill Engineer DLZ Development Team Project Communication & Reporting
27 Grabill Road to Roth Road Resurfacing & Sidewalks Grabill Grabill Engineer DLZ Development Team Project Communication & Reporting
28 Leo-Cedarville Government Center Leo-Cedarville Leo-Cedarville Town Manager Eng. Resources Development Team Project Communication & Reporting
29 Leo-Cedarville Amstutz Road Reconstruction NIRCC, Leo-Cedarville Leo-Cedarville Town Manager Eng. Resources Development Team Project Communication & Reporting
30 Leo-Cedarville Inclusive Boat Launch Leo-Cedarville Leo-Cedarville Town Manager N/A Development Team Project Communication & Reporting
31 Monroeville Community Park Project Monroeville NIRCC JPR Development Team Project Communication & Reporting
32 Monroeville Sidewalk Connection to Senior Housing Monroeville Monroeville Superintendent N/A Development Team Project Communication & Reporting
33 Monroeville Water Improvements Project Monroeville Monroeville Superintendent JPR Development Team Project Communication & Reporting
34 New Haven Landin Road - Broadway Improvements NIRCC, New Haven New Haven Engineer A&Z Development Team Project Communication & Reporting
35 New Haven Community Center Stormwater Imp. New Haven New Haven Engineer N/A Development Team Project Communication & Reporting
36 Kady Gene Cove Senior Housing - Market Rate Keller Development Keller Development MLS Engineering, Inc. Development Team Project Communication & Reporting
37 Woodburn Scattered Site Resurfacing Woodburn Woodburn Engineer A&Z Development Team Project Communication & Reporting AGENDA ITEM NO. 1.i
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Agreement for economic development services with Greater Fort Wayne, Inc for 2020.
SUGGESTED ACTION:
ATTACHMENTS: 2020 Draft GFW v5.doc AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
This Agreement for Economic Development Services is dated ______, 2019 but effective as of January 1, 2020 (the “Effective Date“) by and between the Board of Commissioners of the County of Allen (“County“) and the Fort Wayne – Allen County Economic Development Alliance, Inc., an Indiana non- profit corporation, by and through its affiliate, Greater Fort Wayne, Inc., an Indiana non-profit corporation (“GFW“).
RECITALS:
County is engaged in an ongoing economic development program to benefit its citizens through the retention and creation of employment opportunities and the expansion of County’s tax base. County desires to obtain professional marketing and project coordination services to enhance the effectiveness of its economic development program. GFW is engaged in various economic development activities in northeast Indiana including the providing of professional marketing and project coordination services for the benefit of public and quasi-public entities (the “Economic Development Services“) and desires to perform the Economic Development Services for County in accordance with the term and conditions of this Agreement.
NOW, THERFORE, in consideration of the mutual covenants, conditions and promises contained in this Agreement, County and GFW agree as follows:
1. SCOPE OF SERVICES: GFW shall perform the Economic Development Services described in Schedule A attached hereto and made a part hereof (the “Scope of Economic Development Services“). The Economic Development Services shall be performed by GFW in accordance with the goals and performance measures set forth in attached Schedule A. The goals and performance measures will be used by the parties to evaluate the performance by GFW hereunder during the Term.
2. TERM This Agreement shall commence as of the Effective Date and shall continue until December 31, 2020 (the “Term “ ) unless terminated by County or GFW prior thereto in accordance with Section 10 hereof. GFW shall perform and deliver all the Economic Development Services during the Term at such times and in such components as the parties shall determine or as County may reasonably request.
3. COMPENSATION. Subject to Section 10. hereof, GFW shall be paid a fee of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) (the “Fee”), payable in four (4) equal quarterly installments of Sixty Two Thousand Five Hundred and 00/100 Dollars ($62,500.00) for the performance of the Economic Development Services in accordance with the terms of this Agreement, commencing with the first quarter of 2020. The Fee shall include payment for all costs and expenses incurred by or on behalf of GFW in the performance and delivery of the Economic Development Services. Each quarterly payment shall be made within thirty (30) days following submission of an invoice for payment which shall include a detailed description of the Economic Development Services performed by GFW for such quarter.
4. CHANGES TO SCOPE OF ECONOMIC DEVELOPMENT SERVICES. County may from time to time during the Term request changes in the Scope of Economic Development Services. Such changes, including any increase or decrease in compensation hereunder upon which County and GFW agree because of such changes, shall be contained in a written amendment to this Agreement. County may also request a decrease in the amount of compensation payable to GFW hereunder in the event GFW fails to perform and deliver the Economic Development Services or fails to achieve the goals or meet the performance measures in the performance and delivery of the Economic Development Services as provided in attached Schedule A. The parties shall negotiate in good faith any adjustment to compensation under this Section 4.
5. STAFFING. GFW shall utilize qualified and competent professional staff, consultants, independent contractors and subcontractors authorized under applicable federal, state and local laws, rules and regulations to perform and deliver the Economic Development Services under this Agreement. GFW shall provide County in advance with a written list of consultants, independent contractors and subcontractors whom GFW intends to engage in the performance and delivery of the Economic Development Services.
6. REPORTS. GFW shall submit quarterly written or electronic reports to County which shall provide a description of the goals targeted, activities undertaken and accomplishments that have been achieved during the previous quarter together with a description of projects to be undertaken during the following quarter. On or before January 15, 2021, GFW shall submit to County a final written report which documents the Economic Development Services performed and the work accomplished by GFW under this Agreement during the Term (the “Final Report“). The Final Report shall document the accomplishments during the Term, identify any significant deviation by GFW in the performance of the Scope of Economic Development Services and outline plans, recommendations and projections for calendar year 2021 in the event the parties have agreed to renew this Agreement.
7. OWNERSHIP OF DOCUMENTS. All documents, data, literature, logos and other materials (including computer software), whether in written or electronic form, generated by GFW in the performance of its obligations under this Agreement (the “Documents“) shall be and remain the property of GFW. Upon County’s written request, GFW shall reproduce and deliver copies of the Documents to County.
8. COMPLIANCE WITH LAWS.
A. GFW shall comply with all federal, state and local statutes, rules, regulations and ordinances in the performance and delivery of the Economic Development Services and regarding any other matter pertaining in any manner to this Agreement.
B. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana.
C. The parties agree that any action at law or in equity initiated by either party regarding or relating to this Agreement shall be heard by a court of applicable jurisdiction located in Allen County, Indiana.
9. RELEASE AND INDEMNIFICATION. To the fullest extent permitted by law, GFW agrees to forever release, defend, indemnify and hold harmless County, its officers, directors, employees, agents, departments and divisions, from and against any and all loss of or damage to property, injuries to or death of any person or persons, and/or all claims, damages, suits, costs, expenses, liability, actions or proceedings of any kind or nature whatsoever, including, without limitation, Worker’s Compensation claims, both known and unknown and whether now existing or hereafter arising, which is in any manner related to or associated with the performance and delivery of the Economic Development Services by or any other act or omission to act by GFW, its employees, independent contractors, subcontractors, consultants and agents in connection with this Agreement. This release and indemnification shall survive the expiration or earlier termination of this Agreement for any reason.
10. TERMINATION. Either County or GFW may terminate this Agreement prior to the expiration of the Term, with or without cause, upon written notice to the non-terminating party. If termination is for cause, which shall include any impropriety, default or breach under this Agreement by the non- terminating party, the terminating party shall provide ten (10) days’ notice of termination. If termination is without cause, the terminating party shall provide thirty (30) days’ notice of termination. County may also terminate this Agreement prior the expiration of the Term, in the event budgeted funds are not available to pay GFW the compensation described in Section 3. hereof upon written notice to GFW. In the event of termination prior to the expiration of the Term by either party, County shall be responsible for payment of the compensation to and including the date of notice of termination under this Section 10.
11. BEST EFFORTS. GFW shall devote its best efforts and resources to the performance and delivery of the Economic Development Services hereunder and the performance of all ancillary services reasonably requested by County or required under this Agreement in connection with GFW’s performance hereunder in order to achieve the maximum effectiveness and success of County’s economic development program.
12. INDEPENDENT CONTRACTOR. GFW is at all times serving as an independent contractor of County hereunder, and no employees, consultants and subcontractors of GFW are employees of County. GFW is responsible for all obligations relating to federal and state income tax, self-employment, Medicare and FICA taxes and contributions and all other employer taxes, contributions and withholdings related to its employees.
13. NOTICES. All notices sent by County or GFW under this Agreement shall be personally delivered or sent by United States prepaid certified mail, return receipt requested as follows:
If to County: If to GFW: Board of Commissioners Greater Fort Wayne, Inc. 200 East Berry Street Suite 410 200 East Main Street Suite 800 Fort Wayne, IN 46802 Fort Wayne, IN 46802 Attn: Chief of Staff Attn: Chief Executive Officer
14. ASSIGNMENT. GFW shall not assign, subcontract or transfer any right, duty or obligation of GFW under this Agreement without the prior written consent of County. County understands that GFW may engage consultants or subcontractors to assist GFW in the performance and delivery of the Economic Development Services.
15. AMENDMENTS. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written instrument executed by County and GFFW. 16. CAPTIONS. The captions provided herein at the beginning of each section shall not in any way limit, restrict or define the meaning of the section.
17. E-VERIFY. In accordance with I.C.§22-5-1.7, GFW understands and agrees to enroll and verify work eligibility status of all newly hired employees of the contractor through E-Verify program or any other system of legal residence verification as approved by the United States Department of Homeland Security. GFW further understands that they are not required to verify work eligibility status of newly hired employees of GFW through the E-Verify program if the E-Verify program no longer exists. GFW certifies that they do not knowingly employ any unauthorized aliens.
18. NONDISCRIMINATION. Pursuant to IC 22-9-1-10 and the Civil Rights Act of 1964, GFW and its subcontractors shall not discriminate against any employee or applicant for employment in the performance of this contract. GFW shall not discriminate with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin or ancestry. Breach of this covenant may be regarded as a material breach of contract. Acceptance of this contract also signifies compliance with applicable Federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran.
19. INSURANCE. GFW shall maintain Worker’s Compensation insurance coverage in full force and effect during the performance of this agreement per statutory requirements.
20. ADVOCACY. GFW’s advocacy work is focused on projects and public policy. GFW and its employees will not engage in advocacy for candidates running for county office; however, this does not include political activities while not in their official capacity. GFW employees will conduct themselves in a professional and ethical manner while performing their duties under this contract. This provision does not supersede or infringe on the constitutional rights of the employees of GFW.
IN WITNESS WHEREOF, the County of Allen and Greater Fort Wayne, Inc. have executed this Agreement as of the date first above written.
COUNTY OF ALLEN FORT WAYNE-ALLEN COUNTY By and through its Board of Commissioners ECONOMIC DEVELOPMENT ALLIANCE, INC. By and through Greater Fort Wayne, Inc.
By: ______By: F. Nelson Peters, President John Urbahns President/CEO
By: ______Therese M. Brown, Vice-President
By: ______Attest: ______Richard E. Beck, Secretary Chris Cloud, Deputy Auditor Schedule A
Local Economic Development Organization (LEDO) o Serve as the Lead Economic Development Organization (LEDO) for Fort Wayne – Allen County. GFW Inc. will serve as the primary community resource for economic development information. Ensure that the local participation on all business retention, expansion, and attraction projects is coordinated by serving as the community’s project coordinator.
. Actively market GFW as the lead economic development organization for Fort Wayne – Allen County
. Respond to leads/requests for information (RFIs) issued by the Indiana Economic Development Corporation (IEDC), Northeast Indiana Regional Partnership (Regional Partnership), utility providers, and other partners
. Produce and update marketing collateral, including digital and print
. Regularly convene partners including (Allen County, City of Fort Wayne, City of New Haven, Regional Partnership, City Utilities, IEDC, Northeast Indiana Works, Airport Authority, etc.) via tactical monthly project meetings
. Inform the community about economic development projects and investments via press releases, social media, email, GFW Inc.’s annual meeting, etc.
. Collaborate with area commercial brokers, city, county, and airport to market available sites and properties via iCrex (Indiana Commercial Real Estate Exchange), listing sites and properties on IEDC’s ZoomPropsector for state-issued leads, where needed
Economic Development Strategy o GFW will consult with the Commissioners and NewAllen Alliance in crafting the Economic Development Strategy throughout 2020. There should be attention paid to the incorporated and unincorporated communities outside the City of Fort Wayne and all rural Allen County in the strategy.
Internal/External Communications o Host quarterly feedback sessions with county elected officials to solicit feedback and ideas related to economic development
o Greater Fort Wayne will create a rolling six-month plan beginning on January 1, 2020 for monthly community business visits with an effort made to 1) have the visits occur on a static day/time each month for ease of scheduling and 2) a mix of business industries and sizes. GFW will, as appropriate, include County staff on its routine business visits. GFW coordinate with County officials on planned headquarter visits by January 1, 2020 and invite County officials to participate.
o GFW will hold monthly meetings between the Commissioners, Elissa, John, Ellen, and Susan with topics including a status report of the work plan, insights on the economic development landscape, the yet to be crafted economic development strategy, etc. After a few months, these meetings may move to every other month or quarterly.
o GFW will not advocate for legislation contrary to Allen county's printed platform without first consulting with Allen County
Redevelopment Commission o The County will assist GFW in the development of a marketing strategy/marketing materials for properties that are owned by the Allen County Redevelopment Commission and properties the County has provided development assistance. GFW will develop these materials based on site selector feedback, by May of 2020, and in alignment with the County’s goals: . Stonebridge Business Park sold by January 1, 2023 . PB Development speculative building sold by December 31, 2020
o GFW will assist in conceptualizing redevelopment grant incentives in incorporated and unincorporated communities outside the City of Fort Wayne and all rural Allen County.
Regional Economic Development o With the Northeast Indiana Partnership as the lead, GFW Inc. will work collaboratively to market the community to prospective companies and secure projects and investment in the community. . GFW Inc. will represent Allen County at the 11-County LEDO Council hosted by the Regional Partnership . Regularly meet with the Regional Partnership to discuss marketing strategy and business development priorities for Fort Wayne-Allen County’s economy
. Partner with the Regional Partnership on business development travel opportunities made available by the IEDC
. Respond to RFIs from referral partners and direct inquiries within the project specific time parameters, track percentage of projects we can't respond to and why
. Identify incentives and programs that would be beneficial to the prospective company AGENDA ITEM NO. 1.j
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Ordinance/Resolution
AGENDA SECTION: Items for Consideration:
SUBJECT: Resolution of the Board of Commissioners affirming support for advancing family initiatives.
SUGGESTED ACTION:
ATTACHMENTS: AGENDA ITEM NO. 1.k
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Legal Proceeding
AGENDA SECTION: Items for Consideration:
SUBJECT: Payment of settlement and release of all claims in case of Trina Haywood v. Allen County Sheriff.
SUGGESTED ACTION:
ATTACHMENTS: Settlement - Haywood.pdf
AGENDA ITEM NO. 1.l
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Jill Williamson, Controller
ITEM TYPE: Legal Proceeding
AGENDA SECTION: Items for Consideration:
SUBJECT: Settlement agreement and release of of all claims in case of Nicole Barrett v. Allen County Board of Commissioners, Myrna Green, Mallory Kuter and Allen County Sheriff.
SUGGESTED ACTION:
ATTACHMENTS: BARRETT SETTLEMENT AGREEMENT.pdf SSTI-EMTNT AcnertvrsNT AND ITELEASE OF ALL CIaruS
TIIIS SETTLEMENT AGREEMENT AI\ID RELEASE OF ALL CLAIMS ("Release Agreement') is between Nicole Banett ('Barrett'), her successors and assigrrs, and Allen County Board of Commissioners, Myma Green, Mallory Kuter and Allen County Sheriff David Gladieux (hereinafter referred to as "County Defendants"). In consideration of the sum of Seven Thousand Three Hundred Fifty Dollars ($7,350.00) paid to Barrett by the Allen Corurty Treasurer on behalf of the County Defendants, the receipt and sufficiency of which are hereby acknowledged, Barrett covenants as follows:
1. Barrett agrees to dismiss, with prejudice, her claims in a certain lawsuit pending in the United States District Court, Northem District of Indiana, Fort Wayne Division, Case No. 1:18-CV-135, and captioned lficole Barrett v. Redemption House Ministry, Inc., Tomra Cardin, Allen County Board of Commissioners, Mltrna Green, Mallory Kuter, Allen County Sheriff Dovid Gladieux and further agrees never to bring any further lawsuit or other claim, demand or action against the County Defendants as a result of any discrimination, personal injury, medical expenses, loss of income, denial of any civil or constitutional rights, or any other claims, lien or damage that may have been sustained as a result of, or is in any way connected with the allegations contained in Barrett's Complaint.
Barrett understands that the payment she is receiving is for the compromise and settlement of a doubtful and disputed claim. The payment for the execution of this Release Agreement is not to be construed as an admission of liability by the County Defendants or rury one of them, and the County Defendants expressly deny any liability for the occurrence of the acts, omissions, or allegations contained in Barrett's Complaint or for any discrimination (religious, employment, or other), personal iqiury, loss of income, medical expenses, denial of any civil or constitutional rights, or any other claim, lien or loss which is alleged to have been caused by or is in any way allegedly connected with the allegations contained in Barrett's Complaint.
2. Banett hereby acknowledges and understands that the injuries sustained may be permanent and progressive and that recovery therefrom may be uncertain and indefinite. In entering into this Release Agreement, she understands and agrees, after consultation with her cormsel, that she is relying wholly upon her own judgurent, belief and knowledge of the natue, extent, and duration of said injuries and that she has not been influenced to any extent whatsoever in making this release by any representations or statements regarding the injuries, or any other matters made by the persons, firms, or corporations which are hereby released, or by any pe$on or persons representing any party to this Release Agreement, or by any physician or surgeon employed by the parties who are released by this Release Agreement.
3. Banett hereby acknowledges that she may in the future discover facts, injuries or darnages different from or in addition to those which she may now know or believe to be true with respect to the matters that are the subject of this Release Agreement, and that she agrees that this Release Agreement shall remain in effect in all respects, notwithstanding the discovery or existence of different or additional facts, injuries or damages. Barrett expressly assumes the risk of any and all information which exists as of the date of this Release Agreement, but is not known or expected to exist (whether through ignorance, oversight, error, negligence, or otherwise), and which, if known, would materially affect her decision to enter into this Release l029rE4l01003565-2AB Agreement.
4. Barett warrants that she has not assigned or hansferred to any person, entity, or party any of the claims which have been or could be asserted by her in the lawsuit which is the subject of this Release Agreement.
5. In consideration ofthe representations, promises and agreements set forth herein, including the payment as set forth in this Agreement, the sumciency of which is hereby acknowledged, Banett, by executing this Agteement on her behalf and on behalf of her rcpresentatives, assignees, heirs, executors, agents, family members, beneficiaries, administrators, successors, and anyone acting or claiming to act on her behalf, hereby releases and forever discharges individual defendants Myma Green, Mallory Kuter, and Allen County Sheriff David Gladieux, including tieir representatives, assignees, heirs, executors, agents, family members, and beneficiaries, and Allen County Board of Cornmissioners, including any County agencies, their successors and assigrs, departrnents, divisions, units, officers, servants, employees, agents, officials, representative and independent contractors, including, but not limited to, the County Defendants, from any and all rights of action, claims, or demands which she has, or anyone claiming by or tlrough her has or may have against any and all persons or entities of the County Defendants as a result of or arising out of the allegations contained in Barrett's Complaint.
6. This Release Agreement is for the benefit of the County Defendants including any applicable heirs, executors, family members, beneficiaries, County agencies, their successors and assigns, deparments, divisions, urits, ofiicers, servants, employees, agents, officials, representative and independent contractors, and is intended to bind Barrett and her heirs, legal representatives and successors.
7. Barrett warrants that she is of sound mind and legal age to sign this Release Agreement.
8. Barrett acknowledges that a lien or liens have been or may be asserted against this settlement, and she agrees that all such liens will be resolved and satisfied from the aforementioned settlement proceeds, including, but not limited to, any liens for hospital, medical, Medicare, Medicaid, disability income, insurance benefits and attomey's fees regarding the Incident set forth in her Complaint, if any such liens have been or are asserted or otherwise made at any time.
9. Barrett frrther agrees to indemnifr, defend, exculpate, and hold harmless the County Defendants from any lien, claim, lawsuit or liability of whatsoever kind, or by whomever, arising out of the claims, injuries, and/or losses of Barrett including, but not limited to, any cl"im for medical expenses, insurance benefits, or attorney's fees, whether by subrogation right or otherwise even if such claim, lawsui! or liability arises, in whole or in part, as a result of alleged negligent acts or omissions of the County Defendants.
10. Barrett states that no representations have been made to her by any representative or agent of the County Defendants, including their attomeys, as to the taxability of these payments. Barrett further acknowledges that she shall be solely responsible for the payment of
1029n84/01003s6s-2AB 2 all federal, state and local taxes, if any, due and owing as a result ofthe payments made to Barrett pursuant to the Release Agreement.
11. This Release Agreement represents the entire agreement between Barrett and the county Defendants, and no other statements promise, or inducements made by tl-re county Defendants, or any agent, servant, or employee ofthe County Defendants that are not contained in this instrument will be valid or binding.
12. Barrett has carefully read all ofthe foregoing Release Agreement and understands its contents.
13. Barrett has signed this Release Agreement with firll knowledge ofand rurderstanding ofher actions and with advice ofcounsel.
14. Banett acknowledges that this Release Agreement is the product ofnegotiations and was not dmfted by any particular party. Thus, it cannot be construed for or against any party hereto.
15' If any provision of this Release Agreement is detennined to be invalid or unenforceable, the remainder ofthis Release Agreement shall not be affected.
16. Barrett agrees she is not a prevailing party by reason ofthis settlement; that she shall pay- all costs and attomey fees she has incurred from the settlement proceeds; and that the Coqnty Defendant have no obligation to pay any attomey fees, costs or litigation expenses she has incurred in this case. comty Defendants have no obligation to pay any other monies to Banett or her attomeys.
IN SS WIIEREOF, Barrett has executed this Release on this L1*, * 2019. 7 ,) q Date: 2019 4-.-z Nicole Barrett, Plaintiff
Date: / 2019 Christopher C. Myers & Associates
By: a. Clristopher . Myers, I for Plaintiff
Date: ./3. 4 2019 Witness
Date: la-.- t0 2019 Allen County SherifP s // l By: David J. EW, l029rE4l01003s65-2AB J AGENDA ITEM NO. 1.m
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Contract
AGENDA SECTION: Items for Consideration:
SUBJECT: Agreement between the Board of Commissioners and Beers Mallers Backs & Salin, LLP for the performance of legal work for and on behalf of the Commissioners.
SUGGESTED ACTION:
ATTACHMENTS: Contract BMBS.pdf
AGENDA ITEM NO. 1.n
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: ROW/Deed
AGENDA SECTION: Items for Consideration:
SUBJECT: Plats for Approval: a) Wood Creek Reserve, Section 2 b) Tullymore Run, Section 1 and Tullymore Villas section 1 c) Tullymore Run, Section 2
SUGGESTED ACTION:
ATTACHMENTS: AGENDA ITEM NO. 2.a
Item Cover Page
BOARD OF COMMISSIONERS OF THE COUNTY OF ALLEN AGENDA ITEM REPORT
DATE: December 20, 2019
SUBMITTED BY: Chris Cloud, Chief of Staff
ITEM TYPE: Claims
AGENDA SECTION: Consideration of Claims Submitted for Payment
SUBJECT: For the period of December 10, 2019 to December 17, 2019.
SUGGESTED ACTION:
ATTACHMENTS: 12102019-12172019.xlsx ACCOUNTS PAYABLE VOUCHER REGISTER
County County of Allen, Indiana Governmental Unit Agency
For Period December 5, 2019 to December 9, 2019 Page 1 of 2 Pages
VOUCHER OFFICE, DEPARTMENT AMOUNT OF AMOUNT WARRANT DATE FILED NUMBER NAME OF CLAIMANT OR FUND VOUCHER ALLOWED NUMBER MEMORANDUM 12/2/2019 2019-017882 Wilson Darrin R & Volkmer Kourtney Surplus - Auditor's $524.14 $524.14 711231 12/2/2019 2019-017895 Kaiser Adam R & Cara L Surplus - Auditor's $1,868.17 $1,868.17 711233 11/25/2019 2019-017919 Winkler Zackary L Surplus - Auditor's $518.06 $518.06 711232 12/3/2019 2019-017951 HEALTHCARE WASTE MANAGEMENT (EFT)Auditor's Office $384.15 $384.15 95312 12/3/2019 2019-017953 OFFICE DEPOT INC * Sheriff's Office $310.90 $310.90 711355 12/3/2019 2019-017955 INDIANA STAMP COMPANY INC (EFT) Sheriff's Office $36.06 $36.06 95216 12/3/2019 2019-017957 JANITORS SUPPLY CO INC * (EFT) Auditor's Office $433.50 $433.50 95210 12/3/2019 2019-017959 DIGITAL INTELLIGENCE INC Sheriff's Office $4,149.00 $4,149.00 711367 12/3/2019 2019-017964 THOMSON REUTERS - WEST (EFT) Sheriff's Office $171.90 $171.90 95306 12/3/2019 2019-017965 PAULDING-PUTNAM ELECTRIC CO-OP Auditor's Office $714.97 $714.97 711212 12/3/2019 2019-017966 STANLEY SECURITY SOLUTIONS INC(EFT)Sheriff's Office $1,248.02 $1,248.02 95331 12/3/2019 2019-017975 CITY UTILITIES Sheriff's Office $23,417.03 $23,417.03 711209 12/3/2019 2019-017976 MEDLINE INDUSTRIES (EFT) Sheriff's Office $327.47 $327.47 95214 12/3/2019 2019-017977 INDIANA MICHIGAN POWER COMPANY Sheriff's Office $177.40 $177.40 711211 12/3/2019 2019-017978 ENVIRO CLEAN INC (EFT) Sheriff's Office $225.00 $225.00 95340 12/3/2019 2019-017979 AQUA SYSTEMS Sheriff's Office $18.60 $18.60 711366 12/3/2019 2019-017980 CANON SOLUTIONS AMERICA (EFT) Sheriff's Office $58.03 $58.03 95291 12/3/2019 2019-017981 SUMMIT FOOD SERVICE MANAGEMENT Sheriff'sLLC Office $20,938.18 $20,938.18 711384 12/3/2019 2019-017982 BP * Sheriff's Office $241.15 $241.15 711225 12/3/2019 2019-017984 CITY UTILITIES Auditor's Office $454.55 $454.55 711209 12/3/2019 2019-017985 RICOH USA, INC. (EFT) Auditor's Office $73.81 $73.81 95382 12/3/2019 2019-017986 NATIONAL SERV-ALL LANDFILL (EFT) Auditor's Office $54.52 $54.52 95105 12/3/2019 2019-017987 VERIZON WIRELESS LLC Building $40.40 $40.40 95115 12/3/2019 2019-017988 CITY UTILITIES Building $43.89 $43.89 711209 12/3/2019 2019-017989 NIPSCO Building $26.97 $26.97 711213 12/3/2019 2019-018013 FELTS, THOMAS J (EFT) Circuit Court $154.68 $154.68 95385 12/3/2019 2019-018014 BECKMAN LAWSON (EFT) Circuit Court $200.00 $200.00 95202 12/3/2019 2019-018015 ALLEN COUNTY COMMUNITY CORRECTIONSAuditor's Office $600.00 $600.00 711375 12/3/2019 2019-018017 CANON SOLUTIONS AMERICA (EFT) Circuit Court $34.56 $34.56 95291 12/3/2019 2019-018019 ALLEN COUNTY PRINT SERVICES Circuit Court $628.75 $628.75 711361 12/3/2019 2019-018020 ALLEN COUNTY SERVICES DEPT Circuit Court $154.60 $154.60 711345 12/3/2019 2019-018021 JANITORS SUPPLY CO INC * (EFT) Sheriff's Office $568.85 $568.85 95210 12/3/2019 2019-018022 SHAMBAUGH KAST BECK & WILLIAMS(EFT)Circuit Court $550.00 $550.00 95186 12/3/2019 2019-018023 HELMKE BEAMS LLP (EFT) Circuit Court $400.00 $400.00 95193 12/3/2019 2019-018024 STURM, PAUL R (EFT) Circuit Court $150.00 $150.00 95261 12/3/2019 2019-018025 STUCKY, LAUER, & YOUNG, LLP (EFT) Circuit Court $150.00 $150.00 95352 12/3/2019 2019-018027 TOURKOW CRELL ROSENBLATT & (EFT) Auditor's Office $115.00 $115.00 95243 12/3/2019 2019-018029 OFFICE DEPOT INC * Circuit Court $18.39 $18.39 711355 12/3/2019 2019-018030 ADAMS REMCO INC *(EFT) Auditor's Office $210.65 $210.65 95246 12/3/2019 2019-018042 GALLS LLC Community Corrections $2,626.70 $2,626.70 711339 12/4/2019 2019-018068 PUBLIC DEFENDER - PETTY CASH Public Defender $21.60 $21.60 711226 12/4/2019 2019-018086 OFFICE DEPOT INC * County Assessor's Office $19.99 $19.99 711355 12/4/2019 2019-018090 RIDGE COMPANY AUTOMOTIVE (EFT) Maintenance $184.81 $184.81 95227 12/4/2019 2019-018091 SHERWIN WILLIAMS CO#1227 (EFT) Maintenance $127.20 $127.20 95252 12/4/2019 2019-018092 PRAXAIR DISTRIBUTION INC (EFT) Maintenance $26.35 $26.35 95333 12/4/2019 2019-018094 WEAS ENGINEERING, INC. Maintenance $700.00 $700.00 95375 12/4/2019 2019-018095 JANITORS SUPPLY CO INC * (EFT) Maintenance $2,753.40 $2,753.40 95210 12/4/2019 2019-018096 FELTS, THOMAS J (EFT) Auditor's Office $105.28 $105.28 95385 12/4/2019 2019-018100 ZETX Sheriff's Office $2,900.00 $2,900.00 711404 12/4/2019 2019-018101 BRATEMANS INC (EFT) Sheriff's Office $94.00 $94.00 95205 12/4/2019 2019-018102 PARKVIEW PHYSICIANS GROUP (EFT) Auditor's Office $105.07 $105.07 95263 12/4/2019 2019-018105 UNITED PARCEL SERVICE Auditor's Office $10.04 $10.04 711357 12/4/2019 2019-018106 INDIANA LAW ENFORCEMENT Sheriff's Office $50.00 $50.00 711407 12/4/2019 2019-018107 VERIZON WIRELESS LLC Auditor's Office $365.72 $365.72 95115 12/4/2019 2019-018108 OFFICE DEPOT INC * Superior Court $387.50 $387.50 711355 12/4/2019 2019-018109 CORRISOFT LLC (EFT) Auditor's Office $6,484.88 $6,484.88 95347 12/4/2019 2019-018110 K&K INSURANCE GROUP INC Superior Court $1,250.00 $1,250.00 711376 12/4/2019 2019-018111 AD LAB Superior Court $10,000.00 $10,000.00 711353 12/4/2019 2019-018112 CONNECTION INC County Assessor's Office $5,208.40 $5,208.40 711370 12/4/2019 2019-018113 RICOH USA, INC. (EFT) Superior Court $8.60 $8.60 95382 12/4/2019 2019-018115 TECHNICAL RESOURCE MANAGEMENT (EFT)Adult Probation $1,229.90 $1,229.90 95351 12/4/2019 2019-018116 WAITER ON THE WAY (EFT) Superior Court $308.43 $308.43 95233 12/4/2019 2019-018117 CANON SOLUTIONS AMERICA (EFT) Auditor's Office $9.29 $9.29 95291 12/4/2019 2019-018118 REBECCA MOREDOCK-THOMAS, MD (EFT)Auditor's Office $1,400.00 $1,400.00 95304 12/4/2019 2019-018119 GOEGLEINS CATERING (EFT) Superior Court $762.50 $762.50 711351 12/4/2019 2019-018120 OFFICE DEPOT INC * Auditor's Office $323.97 $323.97 711355 12/4/2019 2019-018121 RPM MACHINERY, LLC (EFT) Maintenance $811.39 $811.39 95295 12/4/2019 2019-018122 GORDON FOOD SERVICE Auditor's Office $106.98 $106.98 711379 12/4/2019 2019-018123 IRON MOUNTAIN INC. (EFT) Adult Probation $581.03 $581.03 95284 12/4/2019 2019-018126 SPANICUS LLC (EFT) Adult Probation $132.18 $132.18 95238 12/4/2019 2019-018127 SHERWIN WILLIAMS #1908 (EFT) Superior Court $53.19 $53.19 95195 12/4/2019 2019-018128 LOWES * (EFT) Auditor's Office $156.69 $156.69 95107 12/4/2019 2019-018129 OFFICE DEPOT INC * Superior Court $74.30 $74.30 711355 12/5/2019 2019-018136 OFFICE DEPOT INC * Auditor's Office $10.46 $10.46 711355 12/5/2019 2019-018137 NIPSCO Maintenance $173.40 $173.40 711214 12/5/2019 2019-018138 MENARDS - ILLINOIS RD (EFT) Auditor's Office $4.74 $4.74 95305 12/5/2019 2019-018139 X-SOFT INC (EFT) County Assessor's Office $8,925.00 $8,925.00 95339 12/5/2019 2019-018140 KAOUGH DISTRIBUTING CO INC Auditor's Office $99.60 $99.60 711342 12/5/2019 2019-018142 WAYNE PIPE & SUPPLY CO INC (EFT) Maintenance $2,584.76 $2,584.76 95225 12/5/2019 2019-018143 ALLEN COUNTY BUILDING MANAGER Superior Court $315.00 $315.00 711337 12/5/2019 2019-018144 Volunteer Lawyer Program Auditor's Office $10.00 $10.00 711408 12/5/2019 2019-018145 POSTMASTERS (EFT) Circuit Court $2,505.62 $2,505.62 95320 12/5/2019 2019-018146 DUNCAN SUPPLY COMPANY (EFT) Maintenance $38.34 $38.34 95288 12/5/2019 2019-018147 ALLEN COUNTY BUILDING MANAGER Circuit Court $210.00 $210.00 711337 12/5/2019 2019-018148 ASSOCIATION OF FAMILY & Circuit Court $465.00 $465.00 711363 12/5/2019 2019-018149 CITY OF FORT WAYNE Maintenance $48.00 $48.00 711365 12/5/2019 2019-018150 BECKMAN LAWSON (EFT) Circuit Court $300.00 $300.00 95202 12/5/2019 2019-018151 KMH SYSTEMS INC (EFT) Maintenance $195.00 $195.00 95249 12/5/2019 2019-018152 HELMKE BEAMS LLP (EFT) Circuit Court $450.00 $450.00 95193 12/5/2019 2019-018153 EVERETT J PRESCOTT INC (EFT) Maintenance $34.28 $34.28 95266 12/5/2019 2019-018154 BERKHEIMER CO G W (EFT) Maintenance $35.91 $35.91 95203 12/5/2019 2019-018155 F&E PAYMENT PROS (EFT) Treasurer's Office $6,620.00 $6,620.00 95290 12/5/2019 2019-018156 SCHAAB METAL PRODUCTS INC Maintenance $84.96 $84.96 711348 12/5/2019 2019-018157 FASTENAL COMPANY (EFT) Maintenance $3.27 $3.27 95330 12/5/2019 2019-018158 ADVANCED SYSTEMS GROUPS (EFT) Auditor's Office $673.00 $673.00 95271 12/5/2019 2019-018159 WAYNE FASTENERS INC (EFT) Maintenance $91.16 $91.16 95224 12/5/2019 2019-018160 NOWAK SUPPLY CO INC (EFT) Maintenance $36.15 $36.15 95217 12/5/2019 2019-018161 TOURKOW CRELL ROSENBLATT & (EFT) Circuit Court $115.02 $115.02 95243 12/5/2019 2019-018162 HARLAN COMMUNITY ASSOC INC (EFT) Auditor's Office $4,749.69 $4,749.69 95378 12/5/2019 2019-018163 MILL SUPPLIES INC (EFT) Auditor's Office $84.23 $84.23 95215 12/5/2019 2019-018164 WHITE SWAN HARDWARE (EFT) Maintenance $146.37 $146.37 95226 12/5/2019 2019-018165 COMBUSTION MECHANICAL INC (EFT) Maintenance $785.00 $785.00 95247 12/5/2019 2019-018166 LEE SUPPLY CORP-FT WAYNE (EFT) Maintenance $35.38 $35.38 95316 12/5/2019 2019-018167 Glen Junk Auditor's Office $4,457.98 $4,457.98 711230 12/5/2019 2019-018168 US POSTMASTER Circuit Court $738.00 $738.00 711204 12/5/2019 2019-018169 COMCAST (EFT) Circuit Court $35.73 $35.73 95113 12/5/2019 2019-018170 PROGRESSIVE POWER & CONTROL INC Parks $1,401.28 $1,401.28 711397 12/5/2019 2019-018171 LEE SUPPLY CORP-FT WAYNE (EFT) Parks $43.83 $43.83 95316 12/5/2019 2019-018172 GRAYBAR * (EFT) Parks $251.30 $251.30 95206 12/5/2019 2019-018173 FASTENAL COMPANY (EFT) Parks $19.39 $19.39 95330 12/5/2019 2019-018174 FORESIGHT CONSULTING (EFT) Parks $3,509.00 $3,509.00 711378 11/25/2019 2019-018175 SKIVER, TIM Homeland Security $396.92 $396.92 711227 12/5/2019 2019-018176 MENARDS - ILLINOIS RD (EFT) Maintenance $29.94 $29.94 95305 12/5/2019 2019-018177 LASSUS BROS OIL INC (EFT) Purchasing $41,658.00 $41,658.00 95184 12/5/2019 2019-018178 CITY OF FORT WAYNE Auditor's Office $148.84 $148.84 711365 12/5/2019 2019-018179 POSTMASTER, U.S. Clerk's Office $2,380.00 $2,380.00 711222 12/5/2019 2019-018180 ALLEN COUNTY TREASURER Parks $40.00 $40.00 711206 12/5/2019 2019-018181 Kane Dolores L Surplus - Auditor's $472.76 $472.76 711274 12/5/2019 2019-018182 QHG OF FORT WAYNE INC Auditor's Office $23,382.99 $23,382.99 711203 12/5/2019 2019-018183 RECOVERY CENTER OF AADP(EFT) Auditor's Office $13,029.00 $13,029.00 95310 12/5/2019 2019-018184 IRON MOUNTAIN INC. (EFT) Auditor's Office $512.82 $512.82 95284 12/5/2019 2019-018185 OFFICE DEPOT INC * Auditor's Office $20.67 $20.67 711355 12/5/2019 2019-018186 STAR FINANCIAL BANK Clerk's Office $2,740.82 $2,740.82 711224 12/5/2019 2019-018187 ST JOSEPH HEALTH SYSTEM LLC Coroner's Office $2,142.75 $2,142.75 711390 12/5/2019 2019-018188 LOWES * (EFT) Maintenance $183.75 $183.75 95259 12/5/2019 2019-018189 WFWA PBS39 (EFT) Environmental Management $1,540.00 $1,540.00 95337 12/5/2019 2019-018190 REUSSER DESIGN, LLC Environmental Management $9,350.00 $9,350.00 711389 12/5/2019 2019-018191 HOME APPLIANCE LEASING (EFT) Maintenance $48.00 $48.00 95269 12/5/2019 2019-018192 JANITORS SUPPLY CO INC * (EFT) Memorial Coliseum $515.00 $515.00 95210 12/5/2019 2019-018193 BRATEMANS INC (EFT) Superior Court $3,029.59 $3,029.59 95205 12/5/2019 2019-018194 GRAYBAR * (EFT) Maintenance $391.71 $391.71 95206 12/5/2019 2019-018196 SUTTER, CHRISTINA Superior Court $575.00 $575.00 95374 12/5/2019 2019-018197 LEADERS STAFFING, LLC (EFT) Memorial Coliseum $4,858.09 $4,858.09 95154 12/5/2019 2019-018199 ESG SECURITY INC (EFT) Auditor's Office $276.50 $276.50 95155 12/5/2019 2019-018200 TSE CONSULTING Memorial Coliseum $6,000.00 $6,000.00 711380 12/5/2019 2019-018201 OFFICE DEPOT INC * Superior Court $2,628.30 $2,628.30 711355 12/5/2019 2019-018202 KING'S JOHN SERVICES (EFT) Auditor's Office $240.00 $240.00 95272 12/5/2019 2019-018203 TOWER TRAILER LEASING LLC Memorial Coliseum $100.00 $100.00 711381 12/5/2019 2019-018204 CINTAS CORPORATION (EFT) Auditor's Office $97.00 $97.00 95213 12/5/2019 2019-018205 OFFICE DEPOT INC * Superior Court $577.60 $577.60 711355 12/5/2019 2019-018206 BOBCAT OF FORT WAYNE (EFT) Auditor's Office $1,979.00 $1,979.00 95278 12/5/2019 2019-018207 FRUCHEY, DON R INC. Memorial Coliseum $61,486.00 $61,486.00 711354 12/5/2019 2019-018208 OFFICE DEPOT INC * Superior Court $186.17 $186.17 711355 12/5/2019 2019-018209 INDIANA JUDGES ASSOCIATION * Superior Court $1,600.00 $1,600.00 711338 12/5/2019 2019-018210 INDIANA JUDGES ASSOCIATION * Superior Court $1,600.00 $1,600.00 711338 12/5/2019 2019-018211 INDIANA JUDGES ASSOCIATION * Superior Court $800.00 $800.00 711338 12/5/2019 2019-018212 POSTMASTERS (EFT) Superior Court $36.07 $36.07 95320 12/5/2019 2019-018213 KPC MEDIA GROUP INC (EFT) Memorial Coliseum $135.00 $135.00 95326 12/5/2019 2019-018214 RICOH USA, INC. (EFT) Planning Services $215.79 $215.79 95382 12/5/2019 2019-018215 WAITER ON THE WAY (EFT) Superior Court $247.36 $247.36 95233 12/6/2019 2019-018216 SWANSON JR, DONALD C (EFT) Superior Court $2,225.00 $2,225.00 95180 12/6/2019 2019-018217 OFFICE DEPOT INC * Superior Court $638.25 $638.25 711355 12/6/2019 2019-018218 GARDNER, RYAN M.(EFT) Superior Court $1,850.00 $1,850.00 95365 12/6/2019 2019-018219 CITY OF FORT WAYNE Superior Court $1,183.70 $1,183.70 711365 12/6/2019 2019-018220 RIDGE FORT WAYNE CO (EFT) Maintenance $736.91 $736.91 95273 12/6/2019 2019-018221 REDWOOD TOXICOLOGY LABORATORY (EFT)Superior Court $9,114.35 $9,114.35 711362 12/6/2019 2019-018222 HEARTLAND REMC (EFT) Auditor's Office $119.00 $119.00 95114 12/6/2019 2019-018223 CITY UTILITIES Auditor's Office $11.63 $11.63 711209 12/6/2019 2019-018224 CITY UTILITIES Maintenance $11.63 $11.63 711209 12/6/2019 2019-018225 CENTRAL INDIANA HARDWARE (EFT) Auditor's Office $830.60 $830.60 95199 12/6/2019 2019-018226 CITY UTILITIES Maintenance $67.60 $67.60 711209 12/6/2019 2019-018227 BECKMAN LAWSON (EFT) Auditor's Office $25.00 $25.00 95202 12/6/2019 2019-018229 SHAMBAUGH KAST BECK & WILLIAMS EFTSuperior Court $25.00 $25.00 95194 12/6/2019 2019-018230 CITY UTILITIES Maintenance $11.63 $11.63 711209 12/6/2019 2019-018231 CONRAD J FISHER AND KATHY K FISHER Commissioners' Office $9,155.00 $9,155.00 711235 12/6/2019 2019-018232 STUCKY, LAUER, & YOUNG, LLP (EFT) Superior Court $25.00 $25.00 95352 12/6/2019 2019-018233 CITY UTILITIES Maintenance $11.63 $11.63 711209 12/6/2019 2019-018234 CITY UTILITIES Maintenance $11.63 $11.63 711209 12/6/2019 2019-018235 IRON MOUNTAIN INC. (EFT) Recorder's Office $1,612.80 $1,612.80 95284 12/6/2019 2019-018237 OFFICE DEPOT INC * Clerk's Office $35.99 $35.99 711355 12/6/2019 2019-018238 OFFICE DEPOT INC * Auditor's Office $475.76 $475.76 711355 12/6/2019 2019-018239 OFFICE DEPOT INC * Clerk's Office $650.57 $650.57 711355 12/6/2019 2019-018240 OFFICE DEPOT INC * Clerk's Office $119.54 $119.54 711355 12/6/2019 2019-018241 OFFICE DEPOT INC * Clerk's Office $307.81 $307.81 711355 12/6/2019 2019-018242 POSTMASTERS (EFT) Clerk's Office $9,235.22 $9,235.22 95320 12/6/2019 2019-018243 RICHARD COLE Commissioners' Office $1,200.00 $1,200.00 711229 12/6/2019 2019-018244 CINTAS CORPORATION (EFT) Maintenance $150.68 $150.68 95213 12/6/2019 2019-018245 ALLEN, THOMAS C (EFT) Superior Court $260.00 $260.00 95242 12/6/2019 2019-018246 HEARTLAND REMC (EFT) Parks $833.69 $833.69 95114 12/6/2019 2019-018247 CLIFTON, JOHN G (EFT) Superior Court $100.00 $100.00 95248 12/6/2019 2019-018248 CLOSE, LEAH J. (EFT) Superior Court $260.00 $260.00 95359 12/6/2019 2019-018249 INDIANA MICHIGAN POWER COMPANY Parks $312.71 $312.71 711211 12/6/2019 2019-018250 CHRISTOFF & CHRISTOFF ATTY (EFT) Superior Court $900.00 $900.00 95181 12/6/2019 2019-018251 FREW LAW OFFICE (EFT) Superior Court $100.00 $100.00 95334 12/6/2019 2019-018252 NAPA AUTO PARTS COLISEUM BVD (EFT)Parks $77.04 $77.04 95188 12/6/2019 2019-018253 LINDSAY FRANKLIN (EFT) Superior Court $360.00 $360.00 95354 12/6/2019 2019-018254 MORE'S KUBOTA OF FORT WAYNE (EFT)Parks $198.34 $198.34 95262 12/6/2019 2019-018255 FUMAROLO, GREGORY (EFT) Superior Court $420.00 $420.00 95185 12/6/2019 2019-018256 LEONARD HAMMOND THOMA & (EFT) Superior Court $120.00 $120.00 95222 12/6/2019 2019-018257 GRIEBEL LAW OFFICE LLC (EFT) Superior Court $320.00 $320.00 95296 12/6/2019 2019-018258 VERIZON WIRELESS LLC Auditor's Office $172.01 $172.01 95115 12/6/2019 2019-018259 C HENRY STEEL COMPANY (EFT) Parks $10.00 $10.00 95367 12/6/2019 2019-018260 HAMILTON, CHRISTOPHER P. (EFT) Superior Court $80.00 $80.00 95255 12/6/2019 2019-018261 LOWES * (EFT) Parks $157.51 $157.51 95107 12/6/2019 2019-018262 ROLF REPORTING INC (EFT) Public Defender $1,702.70 $1,702.70 95219 12/6/2019 2019-018263 HARMEYER LAW FIRM (EFT) Superior Court $892.00 $892.00 95311 12/6/2019 2019-018264 KOEHLINGER , DENIS L (EFT) Superior Court $40.00 $40.00 95178 12/6/2019 2019-018265 MCGEE, PAULA Superior Court $460.00 $460.00 711360 12/6/2019 2019-018266 FEDERAL RECORDS MGMT&SHREDDING-EFTPublic Defender $578.67 $578.67 95299 12/6/2019 2019-018267 SPILLERS, YVONNE (EFT) Superior Court $520.00 $520.00 95282 12/6/2019 2019-018268 STUCKY, LAUER, & YOUNG, LLP (EFT) Superior Court $120.00 $120.00 95352 12/6/2019 2019-018269 SPANICUS LLC (EFT) Public Defender $136.24 $136.24 95238 12/6/2019 2019-018270 LEONARD HAMMOND THOMA & (EFT) Superior Court $160.00 $160.00 95222 12/6/2019 2019-018271 WEBBER, BETH A (EFT) Superior Court $780.00 $780.00 95254 12/6/2019 2019-018272 TREASURER OF ALLEN COUNTY Surplus - Auditor's $729.26 $729.26 711247 12/6/2019 2019-018273 OFFICE DEPOT INC * Public Defender $72.61 $72.61 711355 12/6/2019 2019-018274 CUMMINS CROSSPOINT LLC (EFT) Maintenance $1,331.21 $1,331.21 95200 12/6/2019 2019-018275 CUMMINS CROSSPOINT LLC (EFT) Maintenance $1,402.00 $1,402.00 95200 12/9/2019 2019-018276 NIPSCO Maintenance $17,877.02 $17,877.02 711215 12/9/2019 2019-018277 GEMA APARICIO TRANSLATION (EFT) Superior Court $655.50 $655.50 95336 12/9/2019 2019-018278 OFFICE DEPOT INC * Superior Court $34.84 $34.84 711355 12/9/2019 2019-018279 BARRETT SUPPLIES & EQUIP (EFT) Maintenance $2,622.01 $2,622.01 95280 12/9/2019 2019-018280 POSTMASTERS (EFT) Superior Court $79.87 $79.87 95320 12/9/2019 2019-018281 FIRE EQUIPMENT SERVICES INC Superior Court $40.00 $40.00 711373 12/9/2019 2019-018282 MCELROY, NATHAN (EFT) Superior Court $250.00 $250.00 95327 12/9/2019 2019-018283 NEW HAVEN BAKERY Superior Court $58.00 $58.00 711364 12/9/2019 2019-018284 JOLEY LAW FIRM, PC (EFT) Superior Court $773.00 $773.00 95372 12/9/2019 2019-018285 STUCKY, LAUER, & YOUNG, LLP (EFT) Superior Court $125.00 $125.00 95352 12/9/2019 2019-018286 HARMEYER LAW FIRM (EFT) Superior Court $200.00 $200.00 95311 12/9/2019 2019-018287 GRAINGER INC, W W (EFT) Maintenance $67.51 $67.51 95207 12/9/2019 2019-018288 VAN AUSDALL & FARRAR INC (EFT) Superior Court $111.93 $111.93 95223 12/9/2019 2019-018289 PIZZA HUT OF FORT WAYNE, INC (EFT) Superior Court $186.65 $186.65 95328 12/9/2019 2019-018290 CITY OF FT WAYNE (EFT) Information Technology $11,606.10 $11,606.10 95183 12/9/2019 2019-018291 INTERIOR PRODUCTS SUPPLY (EFT) Auditor's Office $122.40 $122.40 95355 12/9/2019 2019-018292 MCKESSON MEDICAL-SURGICAL (EFT) Memorial Coliseum $202.43 $202.43 95228 12/9/2019 2019-018293 ALLEN COUNTY TREASURER Auditor's Office $26,494.02 $26,494.02 711207 12/9/2019 2019-018294 OFFICE DEPOT INC * Memorial Coliseum $247.23 $247.23 711355 12/9/2019 2019-018295 SPANGLE FASTENERS INC (EFT) Memorial Coliseum $50.83 $50.83 95192 12/9/2019 2019-018296 LEADERS STAFFING, LLC (EFT) Memorial Coliseum $1,037.77 $1,037.77 95154 12/9/2019 2019-018297 SHAMBAUGH & SON INC (EFT) Maintenance $260.40 $260.40 95220 12/9/2019 2019-018298 ESG SECURITY INC (EFT) Memorial Coliseum $3,586.00 $3,586.00 95155 12/9/2019 2019-018299 OFFICE DEPOT INC * Surveyor's Office $22.49 $22.49 711355 12/9/2019 2019-018300 SHAMBAUGH & SON INC (EFT) Maintenance $56.03 $56.03 95220 12/9/2019 2019-018304 ADAMS REMCO INC *(EFT) Sheriff's Office $5,999.00 $5,999.00 95246 12/9/2019 2019-018306 CITY OF FT WAYNE (EFT) Sheriff's Office $316.53 $316.53 95183 12/9/2019 2019-018309 KRAFFT WATER SOLUTIONS, LLC (EFT) Surveyor's Office $900.00 $900.00 95361 12/9/2019 2019-018310 GERVAIS, JESSICA (EFT) Superior Court $288.30 $288.30 95356 12/9/2019 2019-018311 US UNIFORM & SUPPLY (EFT) Sheriff's Office $783.38 $783.38 95324 12/9/2019 2019-018314 ESG SECURITY INC (EFT) Memorial Coliseum $1,955.50 $1,955.50 95155 12/9/2019 2019-018315 RUN HARD REST WELL INC Superior Court $160.00 $160.00 711401 12/9/2019 2019-018317 CITY UTILITIES Sheriff's Office $79.23 $79.23 711209 12/9/2019 2019-018320 UNITED PARCEL SERVICE Memorial Coliseum $7.40 $7.40 711357 12/9/2019 2019-018321 OFFICE DEPOT INC * Coroner's Office $225.59 $225.59 711355 12/9/2019 2019-018322 SYMPLEXITY (EFT) Memorial Coliseum $108.00 $108.00 95191 12/9/2019 2019-018323 FERGUSON ADVERTISING INC (EFT) Sheriff's Office $2,100.00 $2,100.00 95241 12/9/2019 2019-018324 INSTALLATION CONCEPTS INC Memorial Coliseum $4,642.78 $4,642.78 711368 12/9/2019 2019-018325 NIPSCO Auditor's Office $6,651.39 $6,651.39 711217 12/9/2019 2019-018326 ABM ONSITE SERVICES MIDWEST INC Election Board $37.00 $37.00 711386 12/9/2019 2019-018328 IMPAC (EFT) Election Board $428.79 $428.79 95258 12/9/2019 2019-018329 KENDALL ELECTRIC INC. (EFT) Maintenance $84.68 $84.68 95275 12/9/2019 2019-018330 LOWES * (EFT) Auditor's Office $15.56 $15.56 95156 12/9/2019 2019-018331 KENN-FELD GROUP (EFT) Auditor's Office $776.03 $776.03 95342 12/9/2019 2019-018332 SCHENKELS DAIRY (EFT) Youth Services Center $87.36 $87.36 95292 12/9/2019 2019-018333 INDIANA MICHIGAN POWER COMPANY Homeland Security $24.11 $24.11 711249 12/9/2019 2019-018334 FORTE PAYMENT SYSTEMS (EFT) Treasurer's Office $136.00 $136.00 95345 12/9/2019 2019-018335 ADAMS, NICHOLAS A. (EFT) Public Defender $1,730.77 $1,730.77 95287 12/9/2019 2019-018336 CLIFTON, JOHN G (EFT) Public Defender $1,730.77 $1,730.77 95248 12/9/2019 2019-018337 LAW OFFICE OF MEGAN L CLOSE LLC Public Defender $1,730.77 $1,730.77 95376 12/9/2019 2019-018338 ESSEX JR., THOMAS Public Defender $1,730.77 $1,730.77 95373 12/9/2019 2019-018339 FLORA, DANIELLE (EFT) Public Defender $1,730.77 $1,730.77 95335 12/9/2019 2019-018340 GARRETT, ROBERT (EFT) Public Defender $1,730.77 $1,730.77 711395 12/9/2019 2019-018341 CINTAS FIRST AID & SAFETY (EFT) Maintenance $232.02 $232.02 95301 12/9/2019 2019-018342 GHILARDI, MICHAEL (EFT) Public Defender $1,730.77 $1,730.77 95348 12/9/2019 2019-018343 HAMILTON, CHRISTOPHER P. (EFT) Public Defender $1,730.77 $1,730.77 95255 12/9/2019 2019-018344 KOEHLINGER , DENIS L (EFT) Public Defender $1,730.77 $1,730.77 95178 12/9/2019 2019-018345 LANGE, BRIAN J. Public Defender $1,730.77 $1,730.77 95279 12/9/2019 2019-018346 MCELROY, NATHAN (EFT) Public Defender $1,730.77 $1,730.77 95327 12/9/2019 2019-018347 RENBARGER LAW FIRM (EFT) Public Defender $1,730.77 $1,730.77 95322 12/9/2019 2019-018348 SWIHART, T. DEAN (EFT) Public Defender $1,730.77 $1,730.77 95250 12/9/2019 2019-018349 CHERRIE LB WELLS (EFT) Public Defender $1,730.77 $1,730.77 95371 12/9/2019 2019-018350 STUCKY, LAUER, & YOUNG, LLP (EFT) Public Defender $1,730.77 $1,730.77 95352 12/9/2019 2019-018351 ADAMS REMCO INC *(EFT) Public Defender $49.00 $49.00 95246 12/9/2019 2019-018352 ALLEN COUNTY TREASURER Auditor's Office $52,307.53 $52,307.53 711208 12/9/2019 2019-018353 WAL MART Youth Services Center $575.02 $575.02 711210 12/9/2019 2019-018354 SERVICE ALL VACUUM CO (EFT) Youth Services Center $29.85 $29.85 95253 12/9/2019 2019-018355 PERFECTION BAKERIES (EFT) Youth Services Center $32.89 $32.89 95264 12/9/2019 2019-018356 IARCA (EFT) Youth Services Center $3,047.00 $3,047.00 95102 12/9/2019 2019-018357 JANITORS SUPPLY CO INC * (EFT) Youth Services Center $57.20 $57.20 95210 12/9/2019 2019-018358 GRAINGER INC, W W (EFT) Youth Services Center $15.33 $15.33 95207 12/9/2019 2019-018359 ASCENT ANALYTICS Youth Services Center $1,000.00 $1,000.00 95368 12/9/2019 2019-018360 NIPSCO Youth Services Center $994.17 $994.17 711216 12/9/2019 2019-018361 STANZ FOODSERVICE INC (EFT) Youth Services Center $1,366.55 $1,366.55 95323 12/9/2019 2019-018362 GREASEBUSTERS (EFT) Youth Services Center $255.00 $255.00 95281 12/9/2019 2019-018363 KLEENIT GROUP INC (EFT) Youth Services Center $160.00 $160.00 95384 12/9/2019 2019-018364 OFFICE DEPOT INC * Youth Services Center $50.67 $50.67 711355 12/9/2019 2019-018365 LOWES * (EFT) Youth Services Center $541.02 $541.02 95107 12/9/2019 2019-018366 EI PHYO AUNG (EFT) Health $363.00 $363.00 95349 12/9/2019 2019-018367 SAW RIDGEWAY (EFT) Health $1,125.00 $1,125.00 95314 12/9/2019 2019-018368 GLENBROOK DODGE (EFT) Youth Services Center $22,938.00 $22,938.00 95190 12/9/2019 2019-018369 CLERK OF ALLEN CIRCUIT COURT Clerk's Office $22.23 $22.23 711250 12/9/2019 2019-018370 OFFICE DEPOT INC * Clerk's Office $307.81 $307.81 711355 12/9/2019 2019-018371 WPTA TELEVISION INC. (EFT) Environmental Management $1,500.00 $1,500.00 95350 12/9/2019 2019-018372 WANE TV Environmental Management $1,525.00 $1,525.00 711356 12/9/2019 2019-018373 BEERS MALLERS BACKS & SALIN (EFT) Environmental Management $105.00 $105.00 95265 12/9/2019 2019-018374 SNYDER FOOD SERVICES (EFT) Environmental Management $7.00 $7.00 95303 12/9/2019 2019-018375 WPTA TELEVISION INC. (EFT) Environmental Management $1,490.00 $1,490.00 95350 12/9/2019 2019-018376 POSTMASTERS (EFT) Clerk's Office $10,331.73 $10,331.73 95320 12/9/2019 2019-018377 EXPERIAN MARKETING SOLUTIONS (EFT)Information Technology $8,179.72 $8,179.72 95317 12/9/2019 2019-018378 BEERS MALLERS BACKS & SALIN (EFT) Health $1,355.66 $1,355.66 95265 12/9/2019 2019-018379 BEERS MALLERS BACKS & SALIN (EFT) Health $360.00 $360.00 95265 12/9/2019 2019-018380 VITAL RECORDS SOLUTIONS LLC Health $5,000.00 $5,000.00 711387 12/9/2019 2019-018381 INTERIOR PRODUCTS SUPPLY (EFT) Health $253.29 $253.29 95355 12/9/2019 2019-018382 BIG C LUMBER CO (EFT) Health $19.68 $19.68 95332 12/10/2019 2019-018383 SPANICUS LLC (EFT) Superior Court $5,152.46 $5,152.46 95238 12/10/2019 2019-018384 WOODBERRY, ALBERT (EFT) Superior Court $120.00 $120.00 95319 12/10/2019 2019-018385 NIPSCO Superior Court $253.25 $253.25 711218 12/10/2019 2019-018386 CITY UTILITIES Superior Court $83.60 $83.60 711209 12/10/2019 2019-018387 POSTMASTERS (EFT) Auditor's Office $933.85 $933.85 95320 12/10/2019 2019-018388 PENGAD INC (EFT) Superior Court $112.34 $112.34 95383 12/10/2019 2019-018389 GRIEBEL LAW OFFICE LLC (EFT) Juvenile Center $312.00 $312.00 95296 12/10/2019 2019-018390 BENDER, MATTHEW & CO INC (EFT) Superior Court $88.08 $88.08 95177 12/10/2019 2019-018391 ITSAVVY LLC (EFT) Juvenile Center $652.65 $652.65 95274 12/10/2019 2019-018392 ADAMS REMCO INC *(EFT) Superior Court $97.27 $97.27 95246 12/10/2019 2019-018393 KOEHLINGER SECURITY TECH (EFT) Superior Court $16.50 $16.50 95211 12/10/2019 2019-018394 NIPSCO Environmental Management $255.80 $255.80 711257 12/10/2019 2019-018395 CANON SOLUTIONS AMERICA (EFT) Superior Court $167.35 $167.35 95291 12/10/2019 2019-018396 Conrad Tony Surplus - Auditor's $1,068.04 $1,068.04 711275 12/10/2019 2019-018397 WIGGINS, CAMILLE Superior Court $642.68 $642.68 711405 12/10/2019 2019-018398 FOSTER, JOHN J. Juvenile Center $62.64 $62.64 711398 12/10/2019 2019-018399 CIOCCAS EXECUTIVE CLEANING (EFT) Auditor's Office $6,900.00 $6,900.00 95318 12/10/2019 2019-018400 CENTRAL AIR INCORPORATED Auditor's Office $19,248.00 $19,248.00 711394 12/10/2019 2019-018401 MCMAHON'S BEST-ONE (EFT) Memorial Coliseum $166.00 $166.00 95212 12/10/2019 2019-018402 BARRETT SUPPLIES & EQUIP (EFT) Memorial Coliseum $719.60 $719.60 95280 12/10/2019 2019-018403 IMAGING OFFICE SYSTEMS INC (EFT) Memorial Coliseum $69.17 $69.17 95232 12/10/2019 2019-018404 INDUSTRIAL APPRAISAL COMPANY Purchasing $12,935.00 $12,935.00 711340 12/10/2019 2019-018405 ZAYO GROUP, LLC (EFT) Memorial Coliseum $1,189.27 $1,189.27 95162 12/10/2019 2019-018406 EPIC TRAINING (EFT) Superior Court $280.63 $280.63 95363 12/10/2019 2019-018407 FRONTIER (EFT) Memorial Coliseum $1,849.09 $1,849.09 95157 12/10/2019 2019-018408 FRONTIER (EFT) Memorial Coliseum $20.11 $20.11 95157 12/10/2019 2019-018409 OFFICE DEPOT INC * County Assessor's Office $307.81 $307.81 711355 12/10/2019 2019-018410 ADAMS REMCO INC *(EFT) County Assessor's Office $31.83 $31.83 95246 12/10/2019 2019-018411 VERIZON WIRELESS LLC Memorial Coliseum $393.61 $393.61 95161 12/10/2019 2019-018412 FASTER ASSET SOLUTIONS Purchasing $83,288.00 $83,288.00 711400 12/10/2019 2019-018413 REPUBLIC SERVICES INC (EFT) Memorial Coliseum $1,246.40 $1,246.40 95153 12/10/2019 2019-018414 INDIANA MICHIGAN POWER COMPANY Memorial Coliseum $395.65 $395.65 711249 12/10/2019 2019-018415 TECHSOLUTIONS CORP (EFT) Memorial Coliseum $140.00 $140.00 95353 12/10/2019 2019-018416 KONICA MINOLTA BUSINESS SOLUTIONSMemorial Coliseum $118.48 $118.48 711372 12/10/2019 2019-018417 ADAMS REMCO INC *(EFT) Memorial Coliseum $316.16 $316.16 95246 12/10/2019 2019-018418 INDIANA STAMP COMPANY INC (EFT) Health $352.77 $352.77 95216 12/10/2019 2019-018419 NIPSCO Purchasing $347.68 $347.68 711258 12/10/2019 2019-018420 CINTAS CORPORATION (EFT) Memorial Coliseum $97.00 $97.00 95213 12/10/2019 2019-018421 DATACAD LLC (EFT) Memorial Coliseum $3,465.00 $3,465.00 711383 12/10/2019 2019-018422 MUTTON RENTAL CENTER, INC. (EFT) Memorial Coliseum $1,000.00 $1,000.00 95189 12/10/2019 2019-018423 MEDSTATIX INC Health $35.00 $35.00 95369 12/10/2019 2019-018424 ALLEN COUNTY RECORDER Recorder's Office $297.50 $297.50 711344 12/10/2019 2019-018425 ADAMS REMCO INC *(EFT) Memorial Coliseum $6,399.00 $6,399.00 95246 12/10/2019 2019-018426 SDG LLC Building $1,685.00 $1,685.00 95366 12/10/2019 2019-018427 PROTECHS INC (EFT) Building $279.41 $279.41 95360 12/10/2019 2019-018428 PROTECHS INC (EFT) Building $1,913.12 $1,913.12 95360 12/10/2019 2019-018429 PROTECHS INC (EFT) Building $201.95 $201.95 95360 12/10/2019 2019-018430 CITY UTILITIES Building $114.00 $114.00 711246 12/10/2019 2019-018431 BEERS MALLERS BACKS & SALIN (EFT) Building $600.00 $600.00 95265 12/10/2019 2019-018432 BOYCE/KEYSTONE/KOMPUTROL Auditor's Office $7,800.00 $7,800.00 711346 12/10/2019 2019-018433 QHG OF FT. WAYNE CO, LLC (EFT) Community Corrections $22.50 $22.50 95321 12/10/2019 2019-018434 COMCAST (EFT) Community Corrections $106.85 $106.85 95159 12/10/2019 2019-018435 CINTAS CORPORATION (EFT) Community Corrections $23.20 $23.20 95213 12/10/2019 2019-018436 SUMMIT FOOD SERVICE MANAGEMENT Sheriff'sLLC Office $20,345.88 $20,345.88 711384 12/10/2019 2019-018437 JANITORS SUPPLY CO INC * (EFT) Community Corrections $59.91 $59.91 95210 12/10/2019 2019-018439 PERSONAL DEVELOPMENT SEMINARS Community Corrections $1,077.68 $1,077.68 711402 12/10/2019 2019-018440 OFFICE DEPOT INC * Community Corrections $349.30 $349.30 711355 12/10/2019 2019-018441 OFFICE DEPOT Community Corrections $88.34 $88.34 711388 12/10/2019 2019-018443 ALLEN COUNTY PRINT SERVICES Community Corrections $2,733.30 $2,733.30 711361 12/10/2019 2019-018444 CINTAS FIRST AID & SAFETY (EFT) Community Corrections $372.84 $372.84 95301 12/10/2019 2019-018446 WM IMAGING SOLUTIONS (EFT) Community Corrections $30.00 $30.00 95260 12/10/2019 2019-018447 THE LIGHTHOUSE Community Corrections $300.00 $300.00 711403 12/10/2019 2019-018448 SPANICUS LLC (EFT) Community Corrections $262.04 $262.04 95238 12/10/2019 2019-018449 CENTRAL INDIANA HARDWARE (EFT) Auditor's Office $111.20 $111.20 95199 12/10/2019 2019-018450 BATTERIES PLUS BULBS (EFT) Health $35.90 $35.90 95231 12/10/2019 2019-018451 SANOFI PASTEUR (EFT) Health $438.75 $438.75 95283 12/10/2019 2019-018452 ULINE INC (EFT) Community Corrections $370.64 $370.64 95235 12/10/2019 2019-018453 FEDERAL RECORDS MGMT&SHREDDING-EFTCommunity Corrections $702.75 $702.75 95299 12/10/2019 2019-018454 LORAINE WARREN Community Corrections $50.00 $50.00 711409 12/10/2019 2019-018455 QUEST DIAGNOSTICS TB LLC Health $285.00 $285.00 711393 12/10/2019 2019-018456 EAST STATE VETERINARY CLNC INC-EFT Community Corrections $223.90 $223.90 95201 12/10/2019 2019-018457 ADAMS REMCO INC *(EFT) Health $7.64 $7.64 95246 12/10/2019 2019-018458 CUMMINS CROSSPOINT LLC (EFT) Health $669.90 $669.90 95200 12/10/2019 2019-018459 EASTER SEALS ARC OF NE IN INC (EFT) Auditor's Office $405,830.00 $405,830.00 95182 12/10/2019 2019-018460 CDW GOVERNMENT INC (EFT) Health $2,584.00 $2,584.00 95298 12/10/2019 2019-018461 ADVANCED SYSTEMS GROUPS (EFT) Health $1,525.00 $1,525.00 95271 12/10/2019 2019-018462 UNITED PARCEL SERVICE Health $19.09 $19.09 711357 12/10/2019 2019-018463 ITSAVVY LLC (EFT) Health $253.77 $253.77 95274 12/10/2019 2019-018464 ALLEN COUNTY BOARD OF COMMISSIONERSHealth $2,462.86 $2,462.86 711352 12/10/2019 2019-018465 ELEMENT MATERIALS TECHNOLOGY-EFTHealth $492.00 $492.00 95240 12/10/2019 2019-018466 UMBERS DO IT BEST HARDWARE Parks $9.66 $9.66 95381 12/10/2019 2019-018467 ADAMS REMCO INC *(EFT) Parks $27.58 $27.58 95246 12/10/2019 2019-018468 HP INC Health $7,547.40 $7,547.40 711369 12/10/2019 2019-018469 INDIANA MICHIGAN POWER COMPANY Parks $560.01 $560.01 711249 12/10/2019 2019-018470 SEELY OFFICE SOLUTIONS (EFT) Clerk's Office $895.00 $895.00 95297 12/10/2019 2019-018471 ADAMS REMCO INC *(EFT) Clerk's Office $63.51 $63.51 95246 12/10/2019 2019-018472 ASSOCIATION OF INDIANA CO (EFT) Commissioners' Office $9,004.38 $9,004.38 95309 12/10/2019 2019-018473 MSKTD & ASSOCIATES INC (EFT) Commissioners' Office $855.00 $855.00 95245 12/10/2019 2019-018474 FORT WAYNE ANIMAL CARE AND CONTROLCommissioners' Office $9,630.00 $9,630.00 711396 12/10/2019 2019-018479 CITY OF FT WAYNE (EFT) Commissioners' Office $10,039.00 $10,039.00 95183 12/10/2019 2019-018480 HALLER & COLVIN (EFT) Commissioners' Office $3,241.61 $3,241.61 95179 12/10/2019 2019-018481 NATIONAL MEDICAL SERVICES INC Coroner's Office $3,167.50 $3,167.50 711341 12/10/2019 2019-018483 VS ENGINEERING INC (EFT) Commissioners' Office $54,975.00 $54,975.00 95341 12/10/2019 2019-018484 CONSTRUCTION CONTROL INC (EFT) Commissioners' Office $4,877.09 $4,877.09 95187 12/10/2019 2019-018485 ABM ONSITE SERVICES MIDWEST INC Commissioners' Office $74.00 $74.00 711386 12/10/2019 2019-018486 MEYER AUTO SALES INC (EFT) Commissioners' Office $2,001.00 $2,001.00 95380 12/10/2019 2019-018487 THOMSON REUTERS - WEST (EFT) Commissioners' Office $200.85 $200.85 95306 12/10/2019 2019-018489 OFFICE DEPOT INC * Commissioners' Office $62.52 $62.52 711355 12/10/2019 2019-018492 REPUBLIC SERVICES INC (EFT) Environmental Management $1,460.00 $1,460.00 95153 12/10/2019 2019-018493 CITYGOVAPP INC. (EFT) Building $9,588.00 $9,588.00 95344 12/10/2019 2019-018495 SHAMBAUGH & SON INC (EFT) Maintenance $310.00 $310.00 95220 12/10/2019 2019-018497 SENTRY SECURITY FASTENERS INC Maintenance $323.07 $323.07 711374 12/10/2019 2019-018498 INDIANA ASSOC OF BUILDING OFFICIALSBuilding $400.00 $400.00 711377 12/10/2019 2019-018500 FORT WAYNE ROOFING & SHEET Commissioners' Office $152,100.00 $152,100.00 711359 12/10/2019 2019-018501 INDIANA ASSOC OF BUILDING OFFICIALSBuilding $100.00 $100.00 711377 12/10/2019 2019-018503 ATLAS BUILDING SERVICES INC Commissioners' Office $72,547.61 $72,547.61 711399 12/10/2019 2019-018504 STURTZ PUBLIC MANAGEMENT (EFT) Commissioners' Office $2,600.00 $2,600.00 95286 12/10/2019 2019-018505 VS ENGINEERING INC (EFT) Commissioners' Office $37,850.00 $37,850.00 95341 12/10/2019 2019-018506 OFFICE DEPOT INC * Health $39.99 $39.99 711355 12/10/2019 2019-018507 METAL SUPERMARKETS (EFT) Maintenance $22.82 $22.82 95308 12/10/2019 2019-018509 CME CORPORATION Commissioners' Office $4,000.00 $4,000.00 95362 12/10/2019 2019-018510 DeFord Cameron Surplus - Auditor's $213.98 $213.98 711276 12/10/2019 2019-018512 OFFICE DEPOT INC * Health $529.86 $529.86 711355 12/10/2019 2019-018513 COMCAST (EFT) Juvenile Center $140.06 $140.06 95159 12/10/2019 2019-018514 CHEM TECH SERVICES LLC (EFT) Juvenile Center $56.47 $56.47 95329 12/10/2019 2019-018516 YOURPOSSTUFF.COM, LLC (EFT) Health $17.95 $17.95 95357 12/10/2019 2019-018517 DELL MARKETING LP * (EFT) Health $5,705.16 $5,705.16 95313 12/10/2019 2019-018518 PRO-CLAIM PLUS INC Auditor's Office $75,895.62 $75,895.62 711406 12/10/2019 2019-018519 TREASURER OF ALLEN COUNTY Surplus - Auditor's $105,139.24 $105,139.24 711248 12/10/2019 2019-018520 RR DONNELLEY (EFT) Auditor's Office $1,121.99 $1,121.99 95307 12/10/2019 2019-018521 TREASURER OF STATE OF INDIANA Auditor's Office $6,241.00 $6,241.00 711358 12/10/2019 2019-018522 BEERS MALLERS BACKS & SALIN (EFT) Commissioners' Office $9,971.53 $9,971.53 95265 12/10/2019 2019-018523 ELEMENT MATERIALS TECHNOLOGY-EFTHealth $77.00 $77.00 95240 12/10/2019 2019-018524 MCKESSON MEDICAL-SURGICAL (EFT) Health $1,175.07 $1,175.07 95228 12/10/2019 2019-018525 EXECUTIVE MANAGEMENT SRVCS (EFT) Health $2,188.00 $2,188.00 95268 12/10/2019 2019-018527 CITY UTILITIES Health $38.53 $38.53 711246 12/10/2019 2019-018529 VERIZON WIRELESS LLC Health $220.73 $220.73 95161 12/10/2019 2019-018530 NIPSCO Health $128.12 $128.12 711259 12/10/2019 2019-018531 TRI COUNTY EXCAVATING (EFT) Surveyor's Office $5,276.47 $5,276.47 95276 12/10/2019 2019-018532 CITY OF NEW HAVEN (EFT) Auditor's Office $119.94 $119.94 95152 12/10/2019 2019-018534 WORX COMPANIES (EFT) Auditor's Office $15,473.00 $15,473.00 95343 12/10/2019 2019-018535 K&H SPRAY SERVICE LLC (EFT) Surveyor's Office $308.75 $308.75 95370 12/11/2019 2019-018536 MENARDS - ILLINOIS RD (EFT) Maintenance $103.62 $103.62 95305 12/11/2019 2019-018537 CROWN BATTERY SYSTEMS (EFT) Maintenance $36.87 $36.87 95325 12/11/2019 2019-018538 WAYNE PIPE & SUPPLY CO INC (EFT) Auditor's Office $417.62 $417.62 95225 12/11/2019 2019-018542 ELECTRONIC RECYCLERS (EFT) Auditor's Office $2,837.90 $2,837.90 95285 12/11/2019 2019-018543 CANON SOLUTIONS AMERICA (EFT) Maintenance $12.94 $12.94 95291 12/11/2019 2019-018545 ALLEN COUNTY HIGHWAY DEPT Maintenance $888.69 $888.69 711343 12/11/2019 2019-018549 CONNOLLY'S DO-IT-BEST (EFT) Maintenance $9.99 $9.99 95302 12/11/2019 2019-018551 LEE SUPPLY CORP-FT WAYNE (EFT) Maintenance $708.04 $708.04 95316 12/11/2019 2019-018553 BEERS MALLERS BACKS & SALIN (EFT) ReDevelopment $390.00 $390.00 95265 12/11/2019 2019-018554 ALLEN COUNTY HIGHWAY DEPT Auditor's Office $12,582.48 $12,582.48 711343 12/11/2019 2019-018555 NIPSCO Maintenance $546.84 $546.84 711260 12/11/2019 2019-018556 NIPSCO Maintenance $1,800.59 $1,800.59 711261 12/11/2019 2019-018557 CITY UTILITIES Maintenance $128.25 $128.25 711246 12/11/2019 2019-018559 PB DEVELOPMENT LLC ReDevelopment $21,666.67 $21,666.67 711391 12/11/2019 2019-018561 CUMMINS CROSSPOINT LLC (EFT) Environmental Management $736.50 $736.50 95200 12/11/2019 2019-018562 FORT WAYNE POLICE DEPT (EFT) Auditor's Office $1,427.12 $1,427.12 95151 12/11/2019 2019-018563 ALLEN COUNTY DEPARTMENT OF HEALTHHealth $180.14 $180.14 711245 12/11/2019 2019-018567 FASTENAL COMPANY (EFT) Parks $29.38 $29.38 95330 12/11/2019 2019-018569 ALLEN COUNTY SERVICES DEPT NIRCC $334.91 $334.91 711345 12/11/2019 2019-018570 ALLEN COUNTY SERVICES DEPT Environmental Management $668.09 $668.09 711345 12/11/2019 2019-018571 MENARDS - ILLINOIS RD (EFT) Parks $42.25 $42.25 95305 12/11/2019 2019-018572 ALLEN COUNTY SERVICES DEPT Parks $245.00 $245.00 711345 12/11/2019 2019-018573 CITY UTILITIES Maintenance $75.20 $75.20 711246 12/11/2019 2019-018577 CONSOLIDATED COMMUNICATIONS (EFT)Auditor's Office $200,285.00 $200,285.00 95158 12/12/2019 2019-018580 FCL SHOP INC (EFT) Auditor's Office $64.00 $64.00 95315 12/12/2019 2019-018582 ALL PHASE ELECTRIC SUPPLY CO* (EFT) Maintenance $297.28 $297.28 95197 12/12/2019 2019-018588 ALLEN COUNTY SERVICES DEPT Maintenance $955.41 $955.41 711345 12/12/2019 2019-018589 ALLEN COUNTY SERVICES DEPT Coroner's Office $513.94 $513.94 711345 12/12/2019 2019-018590 ALLEN COUNTY SERVICES DEPT Maintenance $301.62 $301.62 711345 12/12/2019 2019-018593 ALLEN COUNTY PRINT SERVICES Treasurer's Office $200.55 $200.55 711361
Nick Jordan, Auditor ALLOWANCE OF VOUCHERS We have examined the vouchers listed on the forgoing accounts payable voucher register, consisting of ______pages, and except for vouchers not allowed as shown on the Register such vouchers are allowed in the total amount of : $2,086,440.48
Dated this ______day of ______, ______.
______F. Nelson Peters Therese M. Brown Richard E. Beck
The Board of Commissioners of the County of Allen, Indiana