HomeMy WebLinkAboutBPW-12-06-17-06/Henry Mastetsky/11,779.34RESOLUTION NO. BPW 12-06-1746
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3(9), only the Mayor is authorized to sign City contracts;
and
WHEREAS, pursuant to his authority under Indiana law, Mayor James C. Brainard has caused to be
signed the City contract attached hereto as Exhibit A (the "Contract"); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for
review.
follows:
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to
the public for review.
SO RESOLVED this Xkl E day of 2017.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
d 0 + P rto
James Brainard, Presiding Officer
Date: n
Mary
Date:
Lori S Wats , Memper J
Date: f CL.
A
istine Pa 1 le k- reasurer
Date:
S:\E Bass\My Documents\BPW-Resolutions\2017\Acknowledge Agreement for Consulting Services - Henry Mastetsky.docxl 1/21/2017 1:27 PM
• Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is hereby made and entered into by and
between the City of Carmel, by and through its Board of Public Works and Safety ("City"), and Henry Mastetsky
("Consultant"), 3035 Maqua Ct., Carmel, Indiana 46033.
RECITALS
WHEREAS, the City is responsible for the planning, development and redevelopment of certain economic
development areas located within the City limits or as otherwise authorized by law; and
WHEREAS, the City has established the Department of Redevelopment ("Department") and a Carmel
Redevelopment Commission ("CRC') to discharge these planning, development and redevelopment responsibilities;
and
WHEREAS, pursuant to Indiana Code 36-4-9-2(a)(6), the Mayor, among his powers related to executive
appointments, shall appoint the director of the Department, subject to the approval of the CRC; and
WHEREAS, Consultant is experienced in providing and desires to provide to the City the consulting services
("Services") referenced herein; and
WHEREAS, the City desires to engage Consultant as an independent contractor for the purpose of providing
to City the Services referenced herein.
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions set forth
herein, the City and Consultant mutually agree as follows:
SECTION 1 INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
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i
Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
SECTION 2 SCOPE OF SERVICES
2.1 The City desires to engage Consultant as an independent contractor for the Services set forth in attached
Exhibit A, incorporated herein by this reference.
2.2 Consultant understands and agrees that the City may, from time to time, request Consultant to provide
additional Services, the scope of which shall be as requested and defined by the City and agreed upon by
Consultant in writing, a copy of each such additional services addendum to be attached hereto in the order in
which the same are approved by the City.
2.3 Time is of the essence of this Agreement.
SECTION 3
CITY'S RESPONSIBILITIES
3.1 The City shall provide such information as is reasonably necessary for Consultant to understand the Services
requested.
3.2 The City shall provide all data required for provision of Services. Consultant may assume that all data so
provided is correct and complete.
3.3. The City shall arrange for Consultant to enter upon public and private property as reasonably required for
Consultant to perform the Services.
3.4 The City shall designate payment of the Services from City budget appropriation number 1801-4340400
funds.
3.5 The City shall designate the Mayor or his duly authorized representative to act on the City's behalf on all
matters regarding the Services.
SECTION 4 CONSULTANT'S RESPONSIBILITIES
4.1 Consultant shall perform the Services pursuant to the terms of this Agreement and within any applicable time
and cost estimates mutually agreed upon by the parties hereto.
4.2 Consultant shall coordinate with the City its performance of the Services.
4.3 Consultant shall provide the Services by following and applying at all times reasonable and lawful standards
as accepted in the industry.
4.4 Consultant shall not subcontract for the performance of the Services.
SECTION 5 COMPENSATION
5.1 Consultant estimates that the total price for the Services to be provided to the City hereunder shall be no
more than Eleven Thousand Seven Hundred Seventy Nine Dollars and Thirty Four Cents per month
($11,779.34/month) (the "Estimate"). City shall pay Consultant for all undisputed Services rendered within
thirty five (35) days from the date of the City receipt of same.
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Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
5.2 Consultant agrees not to provide any Services to the City that would cause the total cost of same to exceed
the Estimate, without the City's prior written consent.
SECTION 6 TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7 hereinbelow,
this Agreement shall be in effect from the Effective Date through either February 15, 2018 or upon
Consultant's date of hire as a City employee, whichever occurs first. This agreement may be renewed for a
term of one year with the written consent of both parties hereto.
SECTION 7 TERMINATION
Nothwithstanding any other term or condition set forth in this Agreement, either party hereto may terminate
this Agreement at any time, with or without cause, upon thirty (30) days advance written notice to the other
party. In the event of such termination and as full and complete compensation hereunder, Consultant shall
be paid for all such Services rendered and expenses incurred as of the date of termination that are not in
dispute, except that such payment amount shall not exceed the Estimate. Disputed payment claims shall be
resolved as allowed by law.
SECTION 8 MISCELLANEOUS
8.1 Binding Effect
The City and Consultant, and their respective officers, officials, agents, partners and successors in interest
are bound to the other as to all Agreement terms, conditions and obligations.
8.2 No Third Party Beneficiaries
Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties
hereto.
8.3 Relationship
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Consultant nor
any of its agents, employees or contractors are City employees. Consultant shall have the sole responsibility
to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or
obligations as they become due. Consultant hereby warrants and indemnifies the City for and from any and
all costs, fees, expenses and/or damages incurred by the City as a result of any claim for wages, benefits or
otherwise by any agent, employee or contractor of Consultant regarding or related to the subject matter of
this Agreement. This indemnification obligation shall survive the termination of this Agreement.
8.4 Liens
Consultant shall not cause or permit the filing of any lien on any of the City's property. In the event such a
lien is filed and Consultant fails to remove it within ten (10) days after the date of filing, the City shall have the
right to pay or bond over such lien at Consultant's sole cost and expense.
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Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
8.5 Default
In the event Consultant: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Consultant's warranties; (b) fails to perform the Services as specified; (c) fails to make
progress so as to endanger timely and proper completion of the Services and does not correct such failure or
breach within five (5) business days after receipt of notice from the City specifying same; or (d) becomes
insolvent, files, or has filed against it, a petition for receivership, makes a general assignment for the benefit
of creditors or dissolves, each such event constituting an event of default hereunder, the City shall have the
right to terminate all or any part of this Agreement, without liability to Consultant and to exercise any other
rights or remedies available to it at law or in equity.
8.6 Government Compliance
Consultant agrees to comply with all laws, executive orders, rules and regulations applicable to Consultant's
performance of its obligations under this Agreement, all relevant provisions of which being hereby
incorporated herein by this reference, to keep all of Consultant's required professional licenses and
certifications valid and current, and to indemnify and hold harmless the City from any and all losses,
damages, costs, liabilities, and attorney fees resulting from any failure by Consultant to do so. This
indemnification obligation shall survive the termination of this Agreement.
8.7 Indemnification
Consultant shall indemnify and hold harmless the City and its officers, officials, employees and agents from
all losses, liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses
and attorney fees arising out of any intentional or negligent act, error or omission of Consultant and/or any of
its employees, agents or contractors in the performance of this Agreement. The City agrees to indemnify the
Consultant, its officers, employees and agents from all loses, liabilities, claims, judgments and liens,
including, but not limited to, all damages, costs, expenses and reasonable attorney fees arising out of any
intentional or negligent act, error or omission by the City and/or any of its employees, agents or contractors in
the performance of this Agreement. These indemnification obligations shall survive the termination of this
Agreement.
8.8 Discrimination Prohibition
Consultant represents and warrants that it and each of its employees, agents and contractors shall comply
with all existing and future laws prohibiting discrimination against any employee, applicant for employment
and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by
this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, subcontracting or work performance hereunder because of race,
religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran
status. This indemnification obligation shall survive the termination of this Agreement.
8.9 Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent
jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate
independently of same shall continue in full force and effect.
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Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
8.10 Notice
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement
shall be written and either hand -delivered or sent by prepaid U.S. certified mail, return receipt requested,
addressed to the parties as follows:
CITY:
City of Carmel Douglas C. Haney
Mayor's Office Corporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
ATTENTION: Mayor James Brainard
COPY:
Carmel Redevelopment Commission
30 W. Main Street, Suite 220
Carmel, IN 46032
CONSULTANT:
Henry Mastetsky
3035 Maqua Ct.
Carmel, IN 46033
Notwithstanding the above, the City may orally provide to Consultant any notice required or permitted by this
Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10)
business days from the date of such oral notice.
8.11 Effective Date
The effective date ("Effective Date") of this Agreement shall be November 14, 2017.
8.12 Governing Law; Lawsuits
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana,
except for its conflict of laws provisions, as well as by all ordinances and codes of the City of Carmel,
Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial
they may have, agree to file 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.
8.13 Waiver
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder
or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of
such party to require such performance at any time thereafter.
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Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
8.14 Non -Assignment.
Consultant shall not assign or pledge this Agreement nor delegate its obligations hereunder without the City's
prior written consent.
8.15 Entire Agreement
This Agreement contains the entire agreement of and between the parties hereto with respect to the subject
matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter,
written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to
or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective
successors in interest. To the extent any provision contained in this Agreement conflicts with any provision
contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail.
8.16 Representation and Warranties
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any
person or entity executing this Agreement on behalf of such party has the authority to bind such party or the
party which they represent, as the case may be.
8.17 Headings
All headings 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.
8.18 Advice of Counsel
The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to
obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely,
voluntarily, and without any duress, undue influence or coercion.
8.19 Personnel
Consultant represents that it has, or will secure at its own expense, all personnel required in performing the
Services under this Agreement. Such personnel shall not be employees of or have any contractual
relationship with the City. All of the Services required hereunder will be performed by Consultant or under its
supervision and all personnel engaged in the work shall be fully qualified to perform such Services.
8.20 Records and Inspections
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement
for three (3) years after the expiration or early termination of this Agreement. City shall have free access at
all proper times to such records and the right to examine and audit the same and to make transcripts there
from, and to inspect all program data, documents, proceedings and activities.
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Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
8.21 Accomplishment of Project
Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound
economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In
accomplishing the project, Consultant shall take such steps as are appropriate to ensure that the work
involved is properly coordinated with related work being carried on within the City's organization.
8.22 Iran Certification
Pursuant to I.C. § 5-22-16.5, the Consultant shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
8.23 Access To Public Records Act
Consultant understands and agrees that any "public record", as that term is defined in Indiana Code 5-14-3-
2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the
possession or control of the Consultant or the City, shall be subject to release under and pursuant to the
provisions of Indiana's Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et sec., as
amended.
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Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
J9*es Brainard, Presiding Officer
Date: :)/ A 1, .5 O (�--
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Christine S. Pauley, Clerk -Treasurer
Date:
jXAjdhulmdff\ConWx Vknry Mestetsky C—I ing Servim Agrce talo: 1121201712:34 PMI
CONSULTANT
By:
Authorized Si nature
He,P Yy n'_�k�L
Printed Name
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Title
FID/TIN:
Last Four of SSN if Sole Proprietor:
Date: i I /,,-J/ 7
Henry Mastetsky
CRC — 2017
Appropriation # 1801-4340400; P.O.#
Contract Not to Exceed: $11,779.34 per month
EXHIBIT A
DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned.
LEADERSHIP AND RESOURCE
1. Plans, organizes and directs preparation of a Redevelopment Commission implementation strategy and
budget for Carmel's blighted and underused sites with input and guidance from CRC Members and City
Administration.
2. Facilitates the creation of public-private partnerships.
3. Advises on the creation of Urban Renewal Areas, Redevelopment Development Areas, Economic
Development Areas, and Allocation Areas.
4. Oversees the development of Carmel City Center and the Old Town Arts and Design District.
5. Coordinates the financial management of the Redevelopment Commission's bonds and budgets with the
CRC Treasurer and CRC Finance Committee.
6. Monitors Federal and State legislation and regulations relating to economic and community development to
determine impact concerning changing regulatory requirements.
7. Develops project sheets, inventories of available land and buildings and other data for dissemination.
8. Ensures that appropriate deadlines for fiscal, legal or other Department issues are met.
9. Manages the ordering of land surveys, environmental inspections, property appraisals and cost estimates for
potential CRC projects.
10. Works with City and CRC legal counsel and Mayor on CRC projects.
11. Works with all City utilities on relocation and replacement of utilities as necessary for redevelopment projects.
12. Directs and manages staff of the Department of Redevelopment utilizing the Human Resources Department
as a resource.
13. Complies with directives of the Carmel Corporation Counsel on all matters involving the Department, unless
such directive is overridden by the Mayor.
14. Coordinates consulting contracts in connection with Redevelopment Commission; manages contracts for
project implementation and compliance; assures that expenditures and performance are in accordance with
terms and conditions.
COMMUNICATION
1. Communicates effectively both written and orally.
2. Oversees the preparation of CRC agendas, resolutions, and presents other information as necessary for
CRC meetings.
3. Represents the Redevelopment Department before the Carmel Common Council, civic and business groups
and other interested parties.
4. Coordinates and leads redevelopment activities and land planning for specific projects with other City
departments, outside agencies and non-profit organizations.
5. Provides periodic performance reports to City administration.
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