HomeMy WebLinkAboutAgreement - Northeast Neighborhood Revitalization Organization Inc - Programs and ServicesAGREEMENT FOR PROGRAMS AND SERVICES WITH
NORTHEAST NEIGHBORHOOD
REVITALIZATION ORGANIZATION, INC.
(PROGRAMS AND SERVICES)
THIS AGRE ENT (the or this "Agreement") is made effective the H.__V" day
of Q M 2017, 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 (collectively the "City") and
NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC.
(the "Organization").
RECITALS
WHEREAS, the City is empowered under the authority of Ordinance No. 10197-
12 adopted by the South Bend Common Council, the legislative body of the City, pursuant
to Indiana Code § 36-1-3-6(b)(1) to enter into this Agreement; and
WHEREAS, the City finds that the area commonly described as the Northeast
Neighborhood and depicted at Appendix 7 (the "Neighborhood") is a neighborhood
consisting of a significant number of low and moderate income individuals and families
and is at risk of developing the conditions set forth at Indiana Code § 36-7--1-3 without
additional services being provided in the Neighborhood; and
WHEREAS, the Organization is an Indiana non-profit corporation, with the
purpose of the social, physical and economic revitalization of the Northeast Neighborhood
in South Bend, Indiana; and
WHEREAS, the Organization has represented that it is a duly existing non-profit
corporation under Indiana law and exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code, as evidenced by the copy of the Indiana Secretary
of State's Certificate of Existence for the Organization and the copy of its Tax -exemption
Letter issued by the Internal Revenue Service, respectively attached as Appendix. II and
Appendix III; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, including residents of the Neighborhood, which
services and programs are more particularly described at Exhibit A (collectively, the
"Program"); and
WHEREAS, the Organization is duly qualified to provide for, oversee and
administer the Program; and
WHEREAS, the City has appropriated funds for the Program in the amount of
Seventy Five Thousand and 00/100 Dollars ($75,000.00) (the "Contract Amount") as
required by Indiana Code § 5-22-17-3 and the Contract Amount does not exceed such
appropriation; and
WHEREAS, the City believes that the actions contemplated by this Agreement are
in the best interests of the health, safety and welfare of the City and its residents and that
such actions comply with the public purposes and applicable provisions of state and local
law.
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
1. Conti -act Amount and Term. The Organization shall provide the programs
and services set forth at Exhibit A (the "Program") on behalf of the City, for the Contract
Amount for the period commencing January 1, 2018 and ending December 31, 2018. The
approved schedule for the Program is set forth at Exhibit B. The Organization shall submit
quarterly reports to the Contract Administrator on March 31, June 30, September 30 and
December 31 showing the progress of the Program.
2. PrWam Budget and Budget Modification. The approved Program Budget
is set forth at Exhibit C hereto (the "Budget"), which exhibit is hereby incorporated herein
by reference. The Organization shall not seek from the City more than the Contract
Amount for any expenses related to the Project or otherwise. The Organization shall only
use the Contract Amount to implement the Project or provide the services in conformance
with the Budget and for no other purpose.
3. Compensation for Proms. All payments shall be made quarterly (on or
approximately near March 31, June 30, September 30 and December 31) for expenses
incurred during that quarter provided that the Organization provides an invoice and
sufficient evidence to the Contract Administrator (as defined herein) for such expenses
(including amounts allocated to staff time and expenses) including, but not limited to, a
budget expenditure report summarizing disbursements and expenditures of the Contract
Amount by the line items set forth in the Program Budget. The quarterly payments shall
be paid in equal amounts unless the Contract Administrator determines that the
Organization is materially failing to complete the Program in accordance with the Program
Schedule, in which case the City shall only be obligated to pay the applicable portion of
the Contract Amount substantiated by reliable evidence submitted by the Organization.
With any invoice for services required for payment hereunder, the Organization shall
submit a report to the Contract Administrator showing the progress of the Program. The
report shall provide an overview of the work of the Organization in progress and/or
completed in the Neighborhood including, but not limited to, the Program as outlined in
Exhibit A during the Program Schedule (Exhibit B).
2
4. Design and Im lementation o Program. To the extent not set forth in
Exhibit A, Exhibit B and Exhibit C, the Organization shall be solely responsible for the
design and implementation of the Program, unless specifically directed otherwise by the
City, the City's Internal Auditor (as defined herein), or the Director of Neighborhood
Engagement or any person appointed by said Director or the City to administer this
Agreement (the "Contract Administrator"). The Program and this Agreement must be
performed and administered in accordance with all applicable federal, state and local laws.
The Organization shall use the Contract Amount only for activities related to the Program.
The Organization shall further enter into a written agreement documenting the
disbursement of funds attributable to the Contract Amount.
5. Termination of Agreement. If the City Controller makes a written
determination that funds are not appropriated or are otherwise unavailable to support the
continuation of this Agreement, it shall be cancelled. -A determination by the City
Controller that funds are not appropriated or are otherwise unavailable to support the
continuation of performance shall be final and conclusive. Effective thirty (30) days after
delivery of a written termination notice, the City may terminate this Agreement, in whole
or in part, for any reason, if the City determines that such termination is in the best interest
of the City. The Organization shall be compensated for completion of the Program
properly done prior to the effective date of termination. The City will not be liable for
work on the Program performed after the effective date of termination. In no case shall
total payment made to the Organization exceed the original Contract Amount.
6. Remedies for Breach of Contract. Failure to complete the Program in
accordance with this Agreement may be considered a material breach, and shall entitle the
City to impose sanctions against the Organization including, but not limited to, suspension
of all payments, and/or suspension of the Organization's involvement in the Program, on
behalf of the City. The Organization shall repay any portion of the Contract Amount
expended for matters not within the scope of the Program or the Budget.
7. Maintenance of Records, Access to Records. The Organization shall keep
a written record, in a form acceptable to the City, related to the use and expenditure of the
Contract Amount. Within thirty (30) days of the expiration or termination of this
Agreement, the Organization shall provide the City with a final accounting of the use and
disposition of the Contract Amount by the Organization. Unless otherwise authorized by
the City or required by law, such records shall be maintained by the Organization for a
period of four (4) years of the date of this Agreement. The Organization understands and
agrees to comply with the legal requirements of Indiana Code § 5-14-3-1 et seq.
(commonly known as Indiana's Access to Public Records Act), if applicable, with respect
to all documentation related to the Contract Amount.
8. 4udit Requirements. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, and the
Contract Administrator as requested to comply with any audit requested related to the
receipt and use of the Contract Amount and the Organization's performance in delivering
the Program in accordance with the provisions of this Agreement. If requested by the City
I
or the Contract Administrator, the Organization shall provide the City a progress report on
the Program. If requested by the City or the City's Internal Auditor, the Organization shall
arrange for a financial and compliance audit of the Contract Amount to be conducted by
an independent public or certified public accountant (or as applicable, the Indiana State
Board of Accounts) and in accordance with applicable Indiana State Board of Accounts
standards. The City's Internal Auditor shall mean the City Controller or Acting City
Controller appointed pursuant to Indiana Code § 36-4-9-6 (the "City Controller") or any
person appointed or retained by the City Controller or the City for the purpose of auditing
the Organization for this Agreement or other agreements of the City.
9. Conflicts of Interest. The Organization hereby certifies and agrees that no
member, officer, or employee of the City, or its designees or agents, and no member of the
governing body of the City of South Bend or the Organization (and no one with whom
there is a family or business tie) who exercises any functions or responsibilities with respect
to the receipt and use of city funds during his or her tenure or for one year thereafter, shall
have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the Program. To the extent the
Program involves the awarding of a contract or grant, the Organization shall not award the
same to a person or entity that creates a conflict of interest described in Indiana Code § 5---
16-11--5.5.
10, Relationship. The Organization shall at all times be an independent
contractor for the performance of the Program rather than an employee of the City, and no
act, action or omission to act by the Organization shall in any way bind or obligate the City.
This Agreement is strictly for the benefit of the parties and not for any third -party or person.
This Agreement was negotiated by the parties at arm's length and each of the parties hereto
has reviewed the Agreement after the opportunity to consult with independent legal
counsel. Neither party shall maintain that the language in the Agreement shall be construed
against any signatory hereto. The City and the Organization hereby renounce the existence
of any form of agency relationship, joint venture or partnership between the Organization
and the City and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the City
and the Organization.
11. Notices. Any notice required or permitted to be delivered hereunder shall
be deemed to be delivered, whether or not actually received, when deposited in the United
States Postal Service, postage prepaid, registered or certified mail, return receipt requested,
addressed to the City or the Organization, as the case may be, at the address set forth below.
Organization: Cit
Northeast Neighborhood Pamela C. Meyer
Revitalization Organization, Inc. Department of Community Investment
c/o South Bend Heritage Foundation City of South Bend, Indiana
803 Lincolnway West 227 W. Jefferson Boulevard, Suite 1400S
South Bend, IN 46616 South Bend, IN 46601
Attention: Marco Mariani
C!
12. Equal Opportunity. The Organization shall comply with federal, state and
local laws in its hiring and employment practices and policies for any activity covered by
this Agreement.
13. Entire Agreement and Amendment. This Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and
merges and supersedes all prior discussions, agreements, and understanding of any and
every nature between them. This Agreement may be amended only by separate writing,
approved by both the Organization and the City.
14. Additional Representations. The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they are
the duly authorized officers of the Organization and have been fully empowered to execute
and deliver this Agreement and that all necessary corporate action has been taken and done.
15. ,Non -Collusion and Acce tb ante. The Organization hereby represents and
certifies that it may enter into this agreement under Indiana Code § 3 5---44---1 and, to the
extent applicable, has executed and filed with the City a "CONTRACTOR'S NON -
COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION
REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR
FOUNDRY PRODUCTS", the form of which is attached hereto and incorporated herein
as Appendix IV prior to the City's approval of this Agreement.
(remainder of page intentionally left blank)
5
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA NORTHEAST NEIGHBORHOOD
BOARD OF PUBLIC WORKS REVITALIZATION ORGANIZATION,
INC.
Date: , 2017
1- )I'
Elizabeth A. Maradik
Therese J. Jforae
James A. Mueller
ATTEST:
(jZaM--M�aftin
�17
f�kpkc--11
Printed Name and Title
EXHIBIT A
Program Description
The Organization shall preserve and revitalize the northeast neighborhood by
providing the following services and programs:
1. Develop and execute an annual development plan for encouraging private
sector investment.
2. Evaluate existing infrastructure in the neighborhood with neighborhood input
and provide a recommendation to the City for requested infi astructure
improvements, including improvements to Eddy St. (between Campeau and
Colfax.).
3. Design, develop and implement the following activities or programs provided
that the Organization implements such activities in a manner that is acceptable
to the Contract Administrator.
General Operations
Eddy Street Commons Partnership
. Triangle Residential Development
St. Joseph High School area planning
University coordination and partnerships
Support of market -rate housing development
• Support of low -moderate income housing development
4. Upon the written request of the City, participate in miscellaneous City
initiated revitalization projects or programs, including acting as an acquisition
agent to secure options for the City for properties in or near the Neighborhood
in accordance with any guidelines provided by the City.
5. Update the neighborhood plan as needed and implement efforts as requested
by the City.
b. Provide semi-annual reports to the Department of Community Investment
regarding any upcoming Neighborhood initiatives or events and
recommendations on how the Department could coordinate its efforts with the
upcoming initiatives or events.
7. Promote activities within Northeast Neighborhood sponsored or encouraged
by the City, including but not limited to the Northeast Neighborhood Council
efforts, through the best medium, whether print, electronic media, signage or
otherwise.
EXHIBIT B
Program Schedule
The Organization shall preserve and revitalize the northeast neighborhood by providing the
Program as described in Exhibit A during the period of January 1, 2018 — December 31, 2018,
EXHIBIT C
Program Budget
Total Cost for Programs and Services $75,000.00
APPENDIX I
Depiction of Northeast Neighborhood
APPENDIX II
Certificate of Existence
(issued within last 60 days evidencing that the Organization is in good standing)
State of Indiana
Office of the Secretary of State
CERTIFICATE OF EXISTENCE
To Whom These Presents Come, Greeting:
I, CONNIE LAWSON, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of
In Witness Whereof, I have caused to be affixed my
signature and the seal of the State of Indiana, at the City
of Indianapolis, October 19, 2017
s
CONNIE I_AWSON
SECRETARY OF STATE
197407-220 / 2017432057
Verify this certificate:https://bsd.sos.in.gov/ValidateCertificate
APPENDIX III
Copy of Federal Tax -Exemption Letter
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4. 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
5. 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 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.
6. 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, gender expression,
gender identity, sexual orientation 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.
7. 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, gender expression, gender identity, sexual
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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