HomeMy WebLinkAboutFirst Amendment to Agreement - University of Notre Dame - Resident Legal Assistant Program1316 COUNTY-Cn'y BUILDING
227 W. JEF17ERSON BOULEVARD
Sourti BEND. INDIANA 46601-1830
CITY OF SOUTij BEND PETE BUTTIGIEG, MAYC'
BOARD OF PUBLIC WORKS I
December 21, 2017
Nell Newton
University of Notre Dame on behalf of Notre Dame Clinical Law Center
1100 Eck Hall of Law
Notre Dame, IN 46556
RE: First Amendment to Agreement
Dear Ms. Newton:
1110M, 574/235-9251
FAX 574/235-9171
`rhe Board of Public Works, at its meeting held on December 21, 2017, approved the above
referenced amendment to extend the resident legal assistance program in the amount of
$66,250.
Enclosed please find the original of the amendment for your signature. Please sign and
return the original agreement to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
'I*na M. Martin, Cl 0
Enclosure
c: Pam Meyer, DCl
GAR A. Gjt,o'j' SUZANNA M, FR1TZi3Liwj EUZABhTii A, MARADIK JAMEs A. NTUEIA,�-;R THERESI J. DORAU
FIRST AMENDMENT TO AGREEMENT FOR
RESIDENT LEGAL ASSISTANCE PROGRAM
This First Amendment To Agreement For Resident Legal Assistance Program (this "First
Amendment") is made on December 21, 2017 (the "Effective Date"), by and between the City of
South Bend, acting by and through its Board of Public Works (the "City") and the University of
Notre Dame on behalf of the Notre Dame Clinical Law Center (the "Law Center") (each a "Party"
and collectively the "Parties").
RECITALS
A. The City and the Law Center entered into that certain Agreement For Resident
Legal Assistance Program dated March 15, 2016 (the "Agreement"), in connection with the Law
Center's provision of certain legal services to Program participants.
B. In accordance with Section 13 of the Agreement, the Parties desire to amend the
terms of the Agreement as stated in this First Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in
the Agreement and this First Amendment, the Parties agree as follows:
1. Effective on January 1, 2018, Exhibit A to the Agreement is deleted in its entirety
and replaced by Exhibit A attached to this First Amendment.
2. The first three sentences of Section 2 of the Agreement are deleted in their entirety
and replaced by the following. "This Agreement shall commence on March 15, 2016, and end on
December 31, 2019, unless earlier terminated in accordance with its terms. The Law Center shall
submit a written report for each calendar quarter during which this Agreement is in effect."
3. Unless expressly modified by this First Amendment, the terms and provisions of
the Agreement remain in full force and effect.
d. Capitalized terms used in this First Amendment will have the meanings set forth in
the Agreement unless otherwise stated herein.
5. This First Amendment will be construed and interpreted according to the laws of
the State of Indiana.
[Signature page follows.]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment To
Agreement For Resident Legal Assistance Program to be effective as of the Effective Date stated
above.
game-BOIN]
BOARD OF PUBLIC WORKS
Gary Gilot, President
Therese Dorau, Member
Suzanna Fritzberg, Member
Elizabeth Maradik, Member
Jamei Mueller, Member
ATTEST:
Linda Martin, Clerk
UNIVERSITY OF NOTRE DAME on behalf of
NOTRE, DAME CLINICAL LAW CENTER
By.
Printed:
Its:
1402.0000001 38976946M1
il
EXHIBIT A
Program Description
[See attached.]
VACANT PROPERTY INITIATIVE
RESIDENT LEGAL ASSISTANCE PROGRAM
CITY OF SOUTH BEND
Program Overview
In collaboration with the Notre Dame Clinical Law Center, the City of South Bend is offering the
Resident Legal Assistance Program for residents of the City of South Bend who are interested in
acquiring a vacant lot through the St. Joseph County Tax. Sale (Fall) and/or the Commissioners'
Certificate Sale (Spring) processes. Qualifying applicants will be referred to the Notre Dame Clinical Law
Center for legal assistance and will have all of the costs associated with filing paperwork to obtain
ownership paid for by the City of South Bend.
Purpose of the Program
The intent of the Resident Legal Assistance Program is to work to return vacant lots to productive use,
The program will help the applicant with the process of bidding on property and acquiring it through the
St. Joseph County Tax Sale or Commissioners' Certificate Sale. The city recognizes acquiring a property
through: this process can be long, complicated and costly (could otherwise cost the applicant more than
$1,000).
Program Terms
The City of South Bend will assume the costs associated with the required legal process for acquiring a
property through the St. Joseph County Tax Sale or Commissioners' Certificate Sale (valued at over
$1,000), including:
• Title Work
Required Tax Sale Notices
Filing of Quiet Title
Recording Deed
The applicant can submit a request to the City for payment of title insurance in a case where the applicant
is acquiring a property adjacent to their current property and plans to consolidate both properties .
immediately following obtaining ownership. Requests will be considered on a case -by -case basis.
The Applicant is responsible to pay the following costs:
• Winning bid amount
• Registering on the SRI website (required to bid)
• Future property taxes (will accrue during the redemption period)
The Applicant will commit to the following program requirements:
• Attend an informational session prior to the tax / commissioners' certificate sale
• Register on the SRI Tax System and complete the bidding process
Be responsive when contacted by the Notre Dame Clinical Law Center and attend all scheduled
appointments
• Maintain the property:
i . During the redemption period, Applicant must maintain the property under Indiana's
Good Samaritan Law (Indiana Code Section 34-30-26-5).
2. If Applicant obtains ownership of the property they are responsible for all on -going
property maintenance and payment of annual property taxes (including taxes that will
accrue during the legal process to take ownership).
Eligib
In order for an APPLICANT to be eligible for the Resident Legal Assistance Program, the following
requirements must be met:
• Applicant must be at Ieast 18 years of age.
• Applicant must be a resident of the City of South Bend.
• Applicant must not owe delinquent taxes, special assessments, penalties, interest, or costs directly
attributable to a prior tax sale.
• Applicant must not own any property with an outstanding code enforcement violation.
• Applicant must not have collections or judgments, of any type, that total $2,000.00 or more.
• Applicant must not have a negative history associated with repairs, violations, or complaints on
file with the City of South Bend's Department of Code Enforcement.
• Applicant must not owe amounts from a final adjudication in favor of a political subdivision in
this county, have any civil penalties imposed for the violation of a building code or ordinance of
this county, or have any civil penalties imposed by a health department in this county.
• Applicant must not have past or current affiliation or association with any individual, group,
organization, company, or entity (collectively, "entity") that has managed, owned, or had
pecuniary, business, or similar interest in any entity that has a property on the City's Vacant &
Abandoned List or property with a negative history associated with repairs, violations, or
complaints on file with the City of South Bend's Department of Code Enforcement.
• Applicant must not have any unpaid collection or judgment with the City of South Bend, or with
any State or Federal agency.
• Applicant must not present attorney client conflict to the Notre Dame Clinical Law Center.
In order for a PROPERTY to be eligible for the Resident Legal Assistance Program, the following
requirements must be met:
• Properly must be available at the St. Joseph County Tax Sale or Commissioners' Certificate Sale.
• Property must be located within the City of South Bend.
• Property must be a vacant lot.
• Property must be used for a qualifying use, which include:
1. Side yard of applicants primary residence
2. Neighborhood use / greenspace (i.e. community garden, pocket park)'
The City of South Bend reserves the right to review the proposed used and determine program
eligibility.
1 Residents may have additional cost considerations if they wish to purchase a property for a neighborhood use, such as liability
insurance.
Program Process
1. Review the Resident Legal Assistance Program Guidelines.
2. Submit a completed Resident Legal Assistance Program Application Form. Applications will not
be accepted after February 28, 2018. A completed application includes:
a.:- A completed, and signed, application form. All individuals who will be listed on the
recorded deed must sign the application.
b. Description of intended use for the property. The applicant may wish to include site plans
in addition to a written description.
c. Applicant may be required to provide proof of adjacent property ownership.
3. The City of South Bend will review the application for completeness, accuracy, and eligibility.
Applications will be approved or denied. If it is determined the applicant provided false
information the application will immediately be denied. Due to limited funding, completed
applications will be reviewed and, if approved, awarded on a first -come, first -served basis until
all funding has been allocated or the application deadline of February 28, 2017, whichever occurs
first.
4. Approved applications will be forwarded to the Notre Dame Clinical Law Center. The applicant
will be contacted to arrange a time to attend an informational session to review the process and
requirements for acquiring property through the St. Joseph County Tax Sale and Commissioners'
Certificate Sale. This meeting must occur within fourteen (14) days of being contacted. At this
time, the applicant will sign a retainer agreement with the Notre Dame Clinical Law Center, as
well as a compliance agreement with the City of South Bend. Failure to attend will result in the
removal of the applicant from the program.
5. The Notre Dame Clinical Law Center may contact the applicant to arrange mutually agreeable
appointments with the applicant prior to the sale and during the redemption period. Failure to be
responsive. or attend any and all appointments may result in the removal of the applicant from the
program.
6. The Notre Dame Clinical Law Center will work with the applicant to bid on a property in either
the St. Joseph County Tax Sale (Fall) or the Commissioners' Certificate Sale (Spring). If
applicant is the winning bidder, they must pay the bid amount to St. Joseph County within the
designated timeframe. Failure to pay the bid amount will result in loss of the lien through the sale
process and removal of the applicant from the program.
7. If the applicant is the winning bidder, the Notre Dame Clinical Law Center will assist in filing
and obtaining all necessary paperwork to complete the acquisition process at no additional cost to
the applicant. If the applicant is terminated fi•om the program by the City of South Bend, the
participant shall be responsible for the cost(s) associated with future transactions. (See Additional
Information)
8. Prior to obtaining ownership, the applicant will be responsible for property maintenance pursuant
to Indiana's Good Samaritan Law (Indiana Code 34-30-26-5). If the applicant fails to properly
maintain the property, it may result in the removal of the applicant from the program.
Additional Information
• Properties are only eligible for the St. Joseph County Tax Sale (Fall) and Commissioners'
Certificate Sale (Spring) when the property taxes and/or special assessments from the prior year's
installment are delinquent.
• The minimum bid for property that will be part of the St. Joseph County Tax Sale (Fall) will
include all taxes and fees owed on the property at time of sale. The minimum bid for a property
that will be part of the Commissioners' Certificate Sale (Spring) can be significantly lowered,
sometimes as low as $25.00. Minimum bids for each sale will be advertised prior to each sale and
is the lowest amount that can be accepted by law.
• The City of South Bead will not be responsible for paying the cost of the actual bid for the
desired property or costs associated with registering to bid on a property. The cost of the bid and
registering on the SRI Tax System will be the sole responsibility of the 4ppIicant.
• The Notre Dame Clinical Law Center will advance the costs associated with the required legal
process for acquiring a property through the St. Joseph County Tax Sale or Commissioners'
Certificate Sale (valued at over $1,000). The City of South Bend will reimburse the Notre Dame
Law Center for these costs. If the applicant is terminated from the program by the City of South
Bend, the participant shall be responsible for the cost(s) associated with future transactions.
• The City of South Bend and the Notre Dame Clinical Law Center cannot guarantee that an
applicant will successfully acquire the property of their choice. Several factors could prevent an
applicant from acquiring the property including, but not limited to:
o The applicant may not submit the highest bid during either the St. Joseph County Tax
Sale or Commissioners' Certificate Sale and therefore be unable to buy the lien on the
desired property.
o The original property owner may redeem the property within the redemption period. if
this occurs, the winning bidder will receive the amount of their winning bid plus an
additional 10% and additional costs associated with the purchase of the lien.
• If multiple applicants wish to acquire the same property, the City of South Bend and the Notre
Dame Clinical Law Center have the right to disclose this interest to each of those applicants.
If the applicant is the winning bidder (makes them the lien buyer), they do not immediately take
ownership of the property. They must complete a legal process in order to be issued a tax deed.
The Tax Sale requires a one (1) year redemption period plus a period of time for issuance of a
court order prior to the lien buyer receiving a tax deed. The Commissioners' Certificate Sale
requires a one hundred -twenty (120) day redemption period plus a period of time for issuance of a
court order prior to the lien buyer receiving a tax deed.
Until a winning_bidder is issued a tax deed for the property pursuant to a court order, he or she
does not have the right to take possession of the property. However, Indiana's "Good Samaritan
Law" (found in the Indiana Code Section 34-30-26-5), provides limited exception to the
trespassing Iaw. The Good Samaritan Law allows a non -owner to remove trash and complete
simple yard upkeep, including mowing the property. If the non -owner does these things without
gross negligence or intentional misconduct the person will not be subject to liability. The Good
Samaritan Law does not allow a person to enter the property of another for the purpose of
gardening, or to enter a building on the property under any circumstance.
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
STATE OF
(Must be completed for all quotes and bids. Please type or print)
) 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 -time, a Contractor is
engaged in investment activities in Iran if either:
L 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.
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 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
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 (1.C. 5-16-8-1). 1
hereby certify that I 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 I 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.
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_
Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of 20�
My Commission Expires
Notary Public
County of Residence
Nan -Collusion Non-De6arment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM RE VIEW REQUEST FORM
Date December 18,2017
Name Pam Meyer Department DCI
December 21, 2017
BPW Date Phone Extension 5845
. . . ..........
Required Prior to, Sub m ittal'to Board
Legal Z Attorney Name Ben Dougherty
Controller z Controller review is required for all Contracts $5,000.010 or more and
greater than one year in length per the City Purchasing Policy
Purchasing EJ
N Agreement
F] Professional Services
Bid Opening
❑ Quote Opening
El Change Order No.
❑ Ease/Encroach.
Other:
Company or Vendor Name
Ll Contract
F-1 Resolution
F] Bid Award
n Quote Award
El C/O & PCA No.
F-1 Traffic Control
Notre Dame Clnical Law Center
2=
0 Req. to Advertise
sm
New Vendor El Yes M No El If Yes, Approved by Purchasing
MBE/WBE Contractor E] MBE [:] WBE
Project Name Resident Legal Assistance Program
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
EDIT
408.1001.460.39.30
$ 66,250 PO Balance
Addendum
El Title Sheet
March 15, 2016- December 31, 2019
To extend term and allow for assistance with any residential vacant lot
put -chase through tax sale process
Z Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verifv, Iran, etc,
Amount of H Increase
R Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy Original
z Z Pam M
F-1 R
11 11
Dispersal! After Approval
DCI