HomeMy WebLinkAboutMichael Lee/CRC/50,000/financial consultant Michael Lee
CRC—2014
PO#31558
Contract Not To Exceed$50,000.00
ADDITIONAL SERVICES AMENDMENT TO
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and
between the City of Carmel and Michael Lee (the "Vendor'), as City Contract dated September 18, 2013 shall amend
the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of
Work attached hereto and incorporated herein as Exhibit "A". Furthermore, the terms of the Agreement shall be
amended to include the E-verify requirement as stated in Indiana Code § 22-5-1.7 et seq., which is attached hereto
and incorporated herein as Exhibit 'B", as well as the required E-verify Affidavit, attached hereto and incorporated
herein as Exhibit"C". Also, pursuant to I.C. § 5-22-16.5, Vendor shall certify that in signing this document, it does not
engage in investment activities within the Country of Iran. The terms and conditions of the Agreement shall not
otherwise be affected by this Additional Services Amendment and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
CARMEL REDEVELOPMENT COMMISSION Michael Lee
By: By:
William Hammer f''re ident Authorized Signature
Date:
Mi chetzl Le,e_
Printed Name
Finiinlial Con 500--
Title
FIDillN:
Last Four of SSN if Sole Proprietor: 6 370
Date: 2— 2.I-
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EXHIBIT A
Job Description— Financial Consultant
Carmel Redevelopment Commission
8/7/13
I. Finance
a. Prepare annual budgets for the Redevelopment Commission and their
revisions
b. Update monthly forecast
c. Prepare monthly financial packet, which includes the forecast,expenditure
and revenue analyses, summary of cash and cash rights, debt summary and
developer debt summary
d. Attend monthly Commission meetings to assist with any questions
involving approval of claims and the forecast
e. Attend Finance Committee meetings to address the budget, forecast and
any other Commission financial issues
f. Advise on the status of budget line items for the Redevelopment
Commission and the Redevelopment Department
g. Communicate with other financial and accounting professionals and legal
professionals on the Commission's behalf to resolve issues that may occur
2. Administrative
a. Review Redevelopment Commission and Redevelopment Department
invoices and prepare claims to be submitted to the Clerk-Treasurer's office
b. Contact any vendors when issues regarding their invoices arise
c. Assist in the preparation of contracts to he submitted to the Clerk-
Treasurer's office
d. Assist in preparing purchase orders to be submitted to the Clerk-
'l'reasurer's office
Michael Lee
CRC—2014
PO#31558
Contract Not To Exceed S50,000.00
EXHIBIT`B"
E-verify requirement
All terms defined in I.C. § 22-5-1.7 et seq. are adopted and incorporated into this section of the
Amendment.
Pursuant to I.C. § 22-5-1.7 et seq., if Vendor hires any employees, Vendor shall enroll in and verify
the work eligibility status of all of its employees using the E-Verify program, and shall execute the attached
Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Vendor is enrolled and is
participating in the E-verify program, and (H) Vendor does not knowingly employ any unauthorized aliens, and
shall provide the City with documentation that it has enrolled and is participating in the E-Verify program.
Should Vendor subcontract for the performance of any work under this Agreement, the Vendor shall
require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or
contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-
verify program. Vendor shall maintain a copy of such certification for the duration of the term of any
subcontract. Vendor shall also deliver a copy of the certification to the City within seven (7) days of the
effective date of the subcontract.
If Vendor, or any subcontractor of Vendor, knowingly employs or contracts with any unauthorized
aliens, or retains an employee or contract with a person that the Vendor or subcontractor subsequently
learns is an unauthorized alien, Vendor shall terminate the employment of or contract with the unauthorized
alien within thirty (30) days ("Cure Period"). Should the Vendor or any subcontractor of Vendor fail to cure
within the Cure Period, the City has the right to terminate this Agreement without consequence.
The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to
exist.
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Michael Lee
CRC—2014
PO#31558
Contract Not To Exceed$50,000.00
Exhibit "C"
E-Verify Affidavit
Not Required. Vendor has no employees.
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Michael Lee
CRC-2013
Contract Not To Exceed$15,000.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ("City"), and _Mr. Michael Lee, 506 Smokey Row Road, Carmel, IN
46032, an Indiana resident ("Vendor").
TERMS AND CONDITIONS
1, ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor, en independent
contractor, using appropriate CRC budget appropriation numbered funds. Vendor agrees to provide the
Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times
the highest technical and industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Fifteen Thousand Dollars ($15,000.00) (the "Estimate"). Vendor shall submit
an invoice to City no more than once every thirty (30) days detailing the Goods and Services
provided to City within such lime period. City shall pay Vendor for such Goods and Services within
sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to
the extent such Goods and Services are not disputed, are in conformance with the specifications set
forth in Exhibit A, are submitted on an invoice that contains the information contained on attached
Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this
Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and/or quotations regarding same as are provided to
Vendor by City, and that the Goods and Services will be delivered in a timely, good and workmanlike
manner and free from defect. Vendor acknowledges that it knows of City's intended use and
expressly warrants that the Goods and Services provided to City pursuant to this Agreement have
been selected by Vendor based upon City's stated use and are fit and sufficient for their particular
purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
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Michael Lee
CRC -2013
Contract Not To Exceed $15.000.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense
8. DEFAULT:
in the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INDEMNIFICATION:
Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or
expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any
person or properly arising from or in connection with Vendor's provision of Goods and Services pursuant to
or under this,Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
•
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Michael Lee
CRC-2013
Contract Not To Exceed $15.000.00
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY
Pursuant to I.C. § 22-5-1.7 at seq., Vendor agrees that, should Vendor hire any employees, Vendor shall
enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program
and will execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i)
Vendor is enrolled and is participating in the E-verify program, and (ii) Vendor does not knowingly employ
any unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation that it
has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of
any work under this Agreement, Vendor shall require any subcontractor(s) to certify by affidavit that: (i) the
subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor
has enrolled and is participating in the E-verify program. Vendor shall maintain a copy of such certification for
the duration of the term of any subcontract. Vendor shall also deliver a copy of the certification to the City
within seven (7) days of the effective date of the subcontract. If Vendor, or any subcontractor of Vendor,
knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a
person that the Vendor or subcontractor subsequently learns is an unauthorized alien, Vendor shall terminate
the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the
Vendor or any subcontractor of Vendor fail to cure within the Cure Period, the City has the right to terminate
this Agreement without consequence. The E-Verify requirements of this Agreement will not apply should the
E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
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Michael Lee
CRC-2013
Contract Not To Exceed $15,000.00
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney, City Attorney
One Civic Square Department of Law
Carmel, Indiana 46032 One Civic Square
ATTENTION: Lisa Stewart Carmel, Indiana 46032
If to Vendor: Michael Lee
506 Smokey Row Road
Carmel, IN 46032
Telephone: 317-650-8752
E-Mail: mikeleeconsulting @yahoo.com
ATTENTION: Michael Lee
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
Either party may terminate this Agreement at any time upon written notice to the other party hereto. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such payment
amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have
previously agreed in writing to a greater amount.
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
. to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
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Michael Lee
CRC-2013
Contract Not To Exceed$15.000.00
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2013 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor certifies that it does not engage in
investment activities within the Country of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
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IN WITNESS WHEREOF. the parties hereto have made and executed this Agreement as
follows:
CARMEL REDEVELOPMENT COMMISSION
BY: A BY:
William Hammer, President Authorized Signature r
Date: q— I} ' ZQ 1I
Printed Name: 1 (AAel Lee
Title: Coh5u [hit
FIDITIN:
Last Four oII l-SSN i Sole Proprietor: al
Date: / - ��
EXHIBIT A
Job Description — Financial Consultant
Carmel Redevelopment Commission
8/7/13
1 . Finance
a. Prepare annual budgets for the Redevelopment Commission and their
revisions
b. Update monthly forecast
c. Prepare monthly financial packet, which includes the forecast, expenditure
and revenue analyses, summary of cash and cash rights, debt summary and
developer debt summary
d. Attend monthly Commission meetings to assist.with any questions
involving approval of claims and the forecast
e. Attend Finance Committee meetings to address the budget, forecast and
any other Commission financial issues
f. Advise on the status of budget line items for the Redevelopment
Commission and the Redevelopment Department
g. Communicate with other financial and accounting professionals and legal
professionals on the Commission's behalf to resolve issues that may occur
2. Administrative
a. Review Redevelopment Commission and Redevelopment Department
invoices and prepare claims to be submitted to the Clerk-Treasurer's office
b. Contact any vendors when issues regarding their invoices arise
c. Assist in the preparation of contracts to be submitted to the Clerk-
Treasurer's office
d. Assist in preparing purchase orders to be submitted to the Clerk-
Treasurer's office
''
/"y O INDIANA RETAIL TAX EXEMPT PAGE ,
ly ®� ��1{'+'YSf�1 CERTIFICATE NO.003120155 002 0
111 Carmel JLLj�e11a11 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 3'SJ B
35-60000972
ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES,NP
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL- 1997
(CHASE ORDER DATE1 DATE REQUIRED REQUISITION NO VENDOR NO. DESCRIPTION
IENDOR M.1 Chtte,I L e e SHIP C RC
50 b W Srnal« Y10ii/ Rd•
TO 3o W nit ti Sf., Sa e 2,40
C dr me{,TN U032 C& - 8l, Zk 46032
INTIMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
I rih girl cid and Aa0(441i19 $50,000
50'V'i ce5 +or H e CRC
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Send Invoice To: G R C
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20
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PLEASE INVOICE IN DUPLICATE
DEPARTMENT (� ACCOUNT PROJECT PROJECT ACCOUNT L_ AMOUNT
_
-J 02- °(3Y• 0305 PAYMENT
= NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
SHIPPING INSTRUCTIONS • I HEREBY CERTIFY/TTNERE IS AN UNOBLIGATED EALANOE IN
SHIP REPAID. THIS APPROPRIATIps SS Q. T TO PAY FOR &ABO'VE ORDER.
•
•CO.D.SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY °"-"' -/c
•PURCHASE ORDER NUMBER MUST APPEAR ON ALL l A
SHIPPING LABELS. /I)„.J
•THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TITLE .. ((({{{VVV""""'^
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
.i -• CLERK-TREASURER
DOCUMENT CONTROL NO. *$'-L.) ,I, VENDOR COPY