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Home My WebLink AboutAddendum to Agreement - Urban Enterprise Assoc. of South Bend - West Side Main Streets Matching Grant ProgramFIFTH ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (FA(yADE MATCHING GRANT PROGRAM) (LINCOLNWAY WEST AND WESTERN AVENUE) THIS FIFTH ADDENDUM (this "Addendum") is made and entered into thisa"�day of 0, 20 � 1, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (the "City"), and the URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the "Organization"). RECITALS WHEREAS, the City and the Organization have entered into an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Indiana, Inc. (Fagade Matching Grant Program) (Lincolnway West and Western Avenue)" dated December 9, 2014, and amended by addenda dated August 11, 2015; November 10, 2015; December 22, 2015; and November 22, 2016 (collectively the "Agreement'), providing for the Fapade Matching Grant Program (the "Program"); and WHEREAS, the City desires to allocate for the Program under the terms of this Addendum an additional One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), which combined with the Five Hundred Twenty -One Thousand and 00/100 Dollars ($521,000.00) previously allocated under the terms of the Agreement, would create a total allocation of Six Hundred Seventy -One Thousand and 00/100 Dollars ($671,000.00) (the "Contract Amount"), and as required by Indiana Code § 5-22-17-3, the Contract Amount does not exceed the amount appropriated for such purpose; and WHEREAS, the parties desire to amend the Agreement by this Addendum; and WHEREAS, the Organization further represents that it has taken all corporate action necessary to enter into this Addendum; and WHEREAS, the City believes that the actions contemplated by this Addendum are in the best interests of the health, safety and welfare of the City and its residents and that those actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, the parties mutually agree as follows: Exhibit C to the Agreement is hereby amended and replaced with Exhibit C to this Addendum. 2. The parties agree that all other terms and conditions as set forth in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA, by and through its Board of Public Works 4;�,� Gary A. Gilot, President Theres JeTheres Doran, Wrnber 1, 44 (- 4L�/ Suzanna V. Fritzbe& Mem r k U,k E izabeth A. Maradik, Member James A. Mueller, Member Attest: ig a Martin, Clerk URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. l_ Signature Printed Name and Title EXHIBIT C Program Budget Funds Available for Fagade Matching Grant Disbursements and Fees for Architecture Consulting Services: $671,000.00 CONTRACTOR'S CERTIFICATION REGARDING INVESTMENT WITH IRAN, NON - DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT FOR CONTRACTORS Please type orprint STATE OF\-7kkL«A� ) ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 4. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is F-Certification Iran Investment, E-Verify, Diversityjuty 2012.doc participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 5. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 6. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. F-Cerlificafion Hnn Investment, E-Verify, Diversity _July2012.doc I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this day of , 20__4 ;•• �7,T•�.N.eO�r.A•i"9Y.:;;=•.=::IORY Soptemoerntyxpre"u0 rnmea ivame ana ante Subscribed and sworn to before me this i t day f 20- My Commission Expires 25F2D Not ublic County of Residence - jc),Sqeki F-Certification 7raa Tnmtment, R-Verify, Diversity_7uly2012.doc BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 16, 2017 Name Michael Divita*f6 Department DCI BPW Date February 28, 2017 Phone Extension 5843 Legal ® Attorney Name Michael Schmidt Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ ❑ Agreement ❑ Contract ❑ Proposal Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control I-1 Other: Company or Vendor Name Urban Enterprise Association of South Bend, Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name West Side Main Streets Matching Grant Program Project Number Funding Source COIT Account No. 404.1001.460.39.30 / 17JX01 Amount $150,000 Terms of Contract Purpose/Description Provide 2017 funding for facade matching grant program for Lincolnway West and Western Avenue ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination. Non -Debarment. E-Verifv. Iran. etc.) Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Copy Original ❑ ® Michael Divita ❑ ® Michael Divita ❑ ❑