HomeMy WebLinkAboutAgreement - Neighborhood Resource ConnectionAGREEMENT FOR PROGRAMS AND SERVICES WITH
NEIGHBORHOOD RESOURCES & TECHNICAL SERVICES CORP. INC.
(PROGRAMS AND SERVICES)
THIS AG EMENT (the or this "Agreement") is made effective the I CM day
of - 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
NEIGHBORHOOD RESOURCES & TECHNICAL SERVICES CORP. d/b/a
NEIGHBORHOOD RESOURCES CONNECTION (the "Organization").
RECITALS
WHEREAS, the Organization is an Indiana non-profit corporation, with a mission
to build and foster neighborhood organization capacity 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 I and
Appendix 11; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, 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 One
Hundred Thousand Dollars ($100,000.00) (the "Contract Amount"), and Twenty percent
(20%), Twenty Thousand and 00/100 dollars ($20,000), of this amount is required to have
a 1:1 match of non-federal dollars; 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. Contract Amount and Term. The Organization shall provide the program
on behalf of the City, for the Contract Amount for the period commencing January 1, 2018
and ending December 31, 2018. The schedule for the Program is set forth at Exhibit B (the
"Program Schedule"). 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. Pra ram Bud et and Bud et Modi ication. The 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 Program or otherwise. The Organization. shall use the
Contract Amount to implement the Program in conformance with the Budget and for no
other purpose.
3. Compensation for Program. Upon both parties' execution of this
Agreement, the City will pay the Organization Eighty Thousand Dollars ($80,000.00) as
the first installment of the Contract Amount. The City will pay the Organization the
remaining Twenty Thousand Dollars ($20,000.00) of the Contract Amount as
reimbursement of the Organization's expenses in carrying out the Program, provided that
the Organization has first obtained an equivalent amount of funds from a non-federal
funding source satisfactory to the City (the "Matching Funds"). To request such
reimbursement, the Organization will submit to the Contract Administrator (as defined
below) satisfactory documentation, including at least (a) an invoice detailing the expenses
the Organization seeks to have reimbursed, (b) documentation evidencing the
Organization's receipt of Matching Funds of at least the same amount, and (c) a report
summarizing disbursements and expenditures of the Contract Amount to date by the line
items set forth in the Budget and describing the progress of the Organization's
implementation of the Program. Wherever possible, the Organization will not request
reimbursement of less than Two Thousand Dollars ($2,000) at a time. By way of example,
the Organization may request reimbursement for $3,000 in expenses by providing an
invoice detailing those particular expenses, documentation of the Organization's receipt of
$3,000 in Matching Funds, and a progress report showing the disbursements and
expenditures of the Contract Amount (exclusive of the $3,000 in expenses the Organization
seeks to have reimbursed). The City may withhold any payments under this Agreement in
the event the Contract Administrator determines that the Organization is materially failing
to complete the Program in accordance with this Agreement.
4. Desi n and Implementation of 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.
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The Organization shall use the Contract Amount only for activities related to the Program.
S. Termination ofAgreement. If the City Controller makes a written
determination that funds axe 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.
b. 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. In addition to the
foregoing, the City may pursue any and all remedies available to it at law or in equity.
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. Audit... -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
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
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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 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:
Neighborhood Resources
Connection
217 S. Michigan Street
South Bend, IN 46601
Attention: Executive Director
City
Pamela C. Meyer
Department of Community Investment
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 14005
South Bend, IN 46601
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
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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 Acceptance. Prior to the City's execution of this
Agreement, the Organization will execute and file 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 III.
(remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
HIM."I DR 1XI-12 ails] p
Date: .2017 Date: /Yow-Inke-r-
2017
z
Gary A. Gilt, President stnatrrr
Therese J. Wrau, Member
I I
tni'u I c_
Elizabeth A. Maradik, Member
James A. Mueller, Member
Suzanna M. Fritzberg, Member
ATTEST:
i da M. Martin
I
1411,4L
Printed Name and V
EXHIBIT A
Program. Description
The Organization shall actively support neighborhoods by providing the
following programs and services to its residents and neighborhood organizations.
l . Execute an annual work plan to develop neighborhood leaders through
education and training; provide evidence of outcomes impacting
neighborhoods based on the resulting work of individuals receiving such
education and training.
2. Create a sustainable mechanism for city -neighborhood communication and
engagement.
Design and implement an active fund development plan that includes a long
term sustainability plan.
4. Upon the request of the City, participate in miscellaneous City initiated
projects or programs.
5. Promote activities within South Bend sponsored or encouraged by the City
through NRC's print and electronic mediums.
6. Provide technical assistance to strengthen neighborhood associations; provide
evidence of outcomes for the particular neighborhoods based on such
assistance.
7. Provide networking opportunities for increased information sharing among
neighborhood associations.
8. Include a City representative as an NRC board member, to be selected by the
Mayor.
9. Provide an Annual Report no later than December 15' to the Department of
Community InVestment and the Common Council.
EXHIBIT B
Program Schedule
The Organization shall provide 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 $100,000.00
$80,000 to be disbursed at time of agreement execution.
$20,000 required to have a 1:1 match, disbursed in minimum increments of $2,000 based
on documentation of match during the term of January 1, 2018 — December 31, 2018.
The City of South Bend CDBG funds will not be eligible as match.
Eligible costs include, but are not limited to: staff, rent, office, insurance, administrative
and program supplies.
APPENDIX I
Certificate of Existence
(issued within last 60 days evidencing that the Organization is in good standing)
APPENDIX TI
Copy of Federal Tax -Exemption Letter
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
P, O. BOX 2508
CINCINNATI, On 45201
Date:
U L 2 2 1988
NEIGHBORHOOD RESOURCES & TECHNICAL
SERVICES CARP
12DO COONTY-CITY BLDG
SOUTH BEND, IN 46601
DEPARTMENT OF THE, TREASURY
Employer Identification Number:
35-1897463
DLN:
17053185788018
Contact Person',
D. A. DOWNING
Contact Telephone Number:
(513) 241-51.99-
our Letter Dated:
June 1994 .
Addendum Applies:
Na
pear Applicant:
This modifies our letter of the above date in which we stated that you
would be treated as an organizatioq that is not a private foundation until the
expiration of your advance ruling period.
Your exempt status under section 501(a) of the Internal. Revenue Code as an
organization described in section 501(c)(3) is still in effect. Based on the
information you submitted,.we have determined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an
organization of the type described in section 509(a)(1) and 170(b)(1)(A)(vi).
Grantors and contributors may rely on this determination unless the
Internal Revenue Service publishes notice to the contrary. However, if you
Jose your section 509(a)(1) status, a grantor or contributor may not rely on
this determination if he or she was in part responsible for, or was aware of,
the act or failure to act, or the substantial or material change on the part of
the organization that resulted in your loss of such status, "or if he or she
acquired knowledge that the Internal Revenue Service•had„given notice that you
would no longer be classified as a section 5D9(a)(1) organization.
If we have indicated in the heading of this letter that an addendum
applies, the addendum enclosed is an integral part of this letter.
Because this letter -could help resolve any queutions about your private
foundation status, please keep it in your permanent records.
if you have any questions, please contact the person whose name and
telephone number are shown above.
Sincerely yours,
2
9
Distr ct Director
Vetter 1050 (pO/CG)
APPENDIX III
Form of Affidavit
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
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
(Must be completed for all quotes and bids. Please type or print)
STATE OF }
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 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 nor 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. Contractor further says that no person or persons, firms, or corporation has,
have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account
of such sale; and
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 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 -tithe, 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 (1) use the credit to provides goods and services in
the energy sector in Iran; and (li) at the time the financial institution extends credit,
is a person identified on list published by the Indiana Department of Administration.
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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 [.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
S. 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 persons 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
orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material
breach of contract.
1, 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 l and all subcontractors employed by me for this project will use steel products or
foundry products made in the United States on this project if awarded. I understand 1 have an
affirmative duty to notify the City in my bid that my proposal does not include the use of steel products
or foundry products made in the United States. I understand it is my sole obligation and responsibility to
provide a justification to the City, subject to review and approval, why the cost of United States made
steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not
use steel products or foundry products made in the United States, the City, through its director of public
works, shall make a determination if the price of United States made steel or foundry is unreasonable. I
understand that violations hereunder may result in forfeiture of contractual payments.
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.
r� e�
Dated this 6%/ ' day of�20 7
e� hhorha f �(.1.h eI.Oonnec 40P' ?
Contractor/Bidder (Firm)
Sig��n�Iatu`re �Contractor/Bidder �Itsgent /
/Y,C'- ' -r /3'JAn �l'�d J� en I
Printed Name and Title
Subscribed and sworn to before me this cX7*'% day of VJWLbW20 t 7
My Commission Expires 0 LAA Wr 12.
Notary Publi
County of Residence
MARY" BRAZINSKY
Seal
Notary Public - State of Indiana
St
Joseph County
My Commission Expires Dec 12, 2024
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date November 28,2017
Name Pam Meyer Department
December 12, 2017
DCl
BPW Date Phone Extension 5845
R aired Pio to ��ar�kl°fac�rd
Legal Attorney Name Ben Dougherty
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 El
M Agreement
0 Contract LJ Proposal Addendum
F-1 Professional Services
EJ Resolution
0 Bid Opening
El: Bid Award E] Req. to Advertise ❑ Title Sheet
F-1 Quote Opening
F-1 Quote Award
F-1 Change Order No.
F C/O & PCA No. E] PCA
R Ease/Encroach.
F-1 Traffic Control
El Other:
R ,airedlnf irr ati op
Company or Vendor Name
Neighborhood Resource Connection
New Vendor
MBEMBE Contractor
Project Name
Project Number
Funding Source
Account No.
E] Yes H No [_1 If Yes, Approved by Purchasing
F-1 MBE [:] WBE
EDIT
408.1001.460.39.30
Amount $ 100,000
Terms of Contract January 1, 2018-Deembci 31, 2018
Purpose/Description Support of programs, training and education for neighborh000d
residents, including youth, to encourage resident leadership,
communication and involvement
Z Required Contractor's Certification Form Attached (Non -
Collusion, Non-Discrimi,nation, Non -Debarment, E-Verify, Iran, etc.
Amount of
Previous Amount
F-1 increase $
F-1 Decrease $
Current Percent of Change:
New Amount
Total Percent of Change: %
Dispersal After Approval
Copy Original
M Pam Meyer, DC1
F-1
El