HomeMy WebLinkAboutAgreement - Urban Enterprise Association of South Bend Inc - Homeowner Repair ProgramAGREEMENT FOR PROGRAMS AND SERVICES WITH
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC.
(SOUTH BEND PILOT HOME REPAIR PROGRAM)
THIS AGREEMENT (the or this "Agreement") is made effective the day of
At' P t- 2018, 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 the Board of Public Works (collectively the "City" or the "Board")
and URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the
"Organization").
RECITALS
WHEREAS, the City finds that improving the condition and aesthetic appeal of
the City's housing will encourage not only additional investment in these properties but
in their surrounding neighborhoods and in the City more generally; and
WHEREAS, the City finds that there are neighborhoods within the City of South
Bend which neighborhoods contain a significant number of low and moderate income
individuals and families and which are at risk of developing the conditions set for the in
Indiana Code § 36-7-1-3 without additional services being provided in those areas; and
WHEREAS, the City desires to assist resident homeowners and encourage
investment in its housing stock to improve its condition and aesthetic appeal and
encourage additional investment not only to that property but also in their surrounding
neighborhoods and in the City more generally; and
WHEREAS, the City finds that a strong housing stock is vital to the City and its
surrounding neighborhoods and that providing for additional investment in the housing
stock -Mll serve the property, its surrounding neighborhoods, and .the residents of the
City, generally; and
WHEREAS, in light of the foregoing, the City desires to provide for the
establishment, development, and administration of certain services and programs,
commonly described as a Pilot Homeowner Repair Grant Program and more particularly
described at Exhibit A (the "Program") to serve resident homeowners; and
WHEREAS, the Organization is an Indiana nonprofit corporation pursuant to the
Articles and Bylaws of the UEA shall be organized and operated exclusively to benefit,
perform, and carry out the charitable, scientific, and educational purposes of the City of
South Bend, Indiana, and in furtherance thereof to conduct such programs and activities
in and around the City, especially within the Enterprise Zone, as will (a) relieve the poor
and distressed or the underprivileged, (b) advance education or science, (c) erect or
maintain public buildings, monuments, or works, (d) lessen the burdens of government,
(e) lessen neighborhood tensions, (f) eliminate prejudice and discrimination, or (g)
combat community deterioration; and
WHEREAS, the Organization has represented that it is a duly existing 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_ 7 and
Appendix II; and
WHEREAS, the Organization fiuther represents that it is a neighborhood
development corporation, as such term is used in Indiana Code § 36-7-14 (the "Act")
Act, and that is has taken all corporate action necessary to enter into this Agreement; and
WHEREAS, the Organization has the expertise and resources to provide for,
oversee and administer the Program; and
WHEREAS, the City desires to allocate for the Program under the terms of this
Agreement Three Hundred Thousand and 00/100 Dollars ($300,000.00) ("Contract
Amount"), the Contract Amount does not exceed the amount appropriated for such
purpose; 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; and
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 programs
and services set forth at Exhibit A (the "Program") on behalf of the City, for the Contract
Amount for the period commencing July 1, 2018 and ending December 31, 2019. The
approved schedule for the Program is set forth at Exhibit B. The Organization shall
submit reports to the Contract Administrator on August 31 and December 31, 2018 and
April 30, July 31, October 31,2019 and January 31, 2020 showing the progress of the
Program, including a summary of all transactions detailing each recipient by name,
address, amount of funds attributable to the Contract Amount used, the amount of private
investment in resident homeowner property, the project commencement date and the
project completion date.
2. P� o i�am 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 spend more than the
amount for each line item, as described in the Budget, without the prior written consent
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of the City. The Organization shall only use the Contract Amount to implement the
Program or provide the services in conformance with the Budget and for no other
purpose.
3. Cona ensation or Pro am. To the extent the Contract Amount has not
previously been disbursed to the Organization, the Contract Amount shall be paid within
thirty (30) days of the latter of (i) the date the last party hereto executed this Agreement
or (ii) the completion of all actions necessary to appropriate the funds for the Program.
All funds unencumbered for the Program at the expiration of this Agreement shall be
returned to the City upon the City's written request.
4. Desigp and .Im lenientation of Pro rain. 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, City's Internal Auditor (as defined herein), or the Director of the Division of
Neighborhood Development 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 law. 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 otherwise available to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or otherwise available 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 preformed 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 City with a final accounting of the use and
disposition of the Organization. Unless otherwise authorized by the City or required by
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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. sect. (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 Contract. 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 Account standards. The City 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 o Inter°est. 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 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
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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.
company:
Karen L. White, Vice Chair
Urban Enterprise Association
of South Bend, Inc.
227 W. Jefferson Blvd., Suite 1400
South Bend, IN 46601-1830
City
Pamela C. Meyer, Director
Division of Neighborhood Development
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400
South Bend, IN 46601-1830
12. Equal Op ortuni . The Organization shall comply with federal, state and
local law in its hiring and employment practices and policies for any activity covered by
this Agreement.
13. Entire Agree7nent and Arnendinent. 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 Organization and have been fully empower to execute
and deliver this Agreement and that all necessary corporate action has been taken and
done.
15. Non -Collusion and Acce tance. The undersigned attests, subject to the
penalties of perjury, that he/she is the properly authorized representative, agent, member
or officer of the Organization and that he/she has not, nor has any other member,
employee, representative, agent or officer of the Organization, directly or indirectly, to
the best of his/her knowledge, entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he/she has not received or paid any
sum of money or other consideration for the execution of this Agreement other than that
which appears upon the face hereof.
W
IN WITNESS WHEREOF, the Pai ties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Date:
Gary A. Gilot, President
Therese J. Dorau, Member
Elizabeth A. Maradik, Mezx�ber
James A. Mueller, Member
2018
Suz n �F�ri4tzberg, �Mm�bcr�
ATTEST:
l4
in daM�Ma
URBAN ENTERPRISE ASSOCIATION
OF SOUTH BEND, INC.
Date: 7-- `(' — , 2018
ignalur•e
P •rote anre and Tille
EXHIBIT A
Program Description
The Organization shall provide the following services and programs:
Homeowner Repair Grant Program Establish a program designed to assist a
homeowner with repairs essential to assuring a safe, decent and sanitary housing
environment at their primary residence located within the targeted geographic
area as determined by the City. The program goals are to: offer the opportunity
individuals and families to Iive in safe and affordable housing; to address code
violations against qualifying residential properties; and to improve the housing
stock in the City of South Bend. The program is not intended to support repairs to
rental housing or housing other than a single family property. The program shall
require:
(1) Applicant must document ownership and the property must be the
applicant's primary residence and, a single family structure.
(2) A maximum of one grant per property address.
(3) The maximum grant shall not exceed twenty thousand dollars
($20,000) unless a lead based paint hazard is found and in that case
an additional $5,000 is available if necessary.
(4) To be eligible, the subject property must not have an affirmed
demolition order or be under contract for demolition and be current
on property taxes.
(5) Before any work is commenced, any required building permits for
the grant project must be obtained for an applicant by the
respective contractor to continue to be eligible for the program.
(6) Specific program guidelines must be finalized, which clearly
establish the grant process and schedule.
(7) No funds may be disbursed for a grant unless pursuant to a written
contract which provided for default conditions consistent with the
program guidelines and clearly establishes remedies for instances
of default.
(8) To be eligible, an applicant must agree, in the written contract
referenced above, to hold the City of South Bend, Indiana, and the
City of South Bend, Board of Public Works (collectively, the
"City") and the UEA harmless and to indemnify the City and UEA
for any damages or costs related to any claim, suit or demand
related to any action occurring as a result of the applicant's
application or participation in the program.
(9) All repairs are to the residential structure only. The grant will not
fund repairs made to accessory structures such as sheds, garages,
fences or other improvements on the property.
EXHIBIT B
Prograin Schedule
1. Create a Program consistent with this Agreement — No later than July
23, 2018
2. Commence marketing for the program by July 23, 2018
3. Review, analyze and have Organization staff be in a position to
recommend or deny a completed application within fifteen (15)
business days of receipt.
4. Approve or reject a completed application within thirty (30) days from
receipt or notify applicant of a deficiency or special circumstance
requiring additional deliberation.
5. Provide notice to applicant of approval or reject within five (5) days of
approval or rejection.
6. Monitor project and disburse funds consistent with Program guidelines
and this Agreement.
7. Applications will be accepted until September 21 2018 or funding is
no longer available, whichever comes first.
EXHIBIT C
Program Budget
Funds Available for Homeowner Repair Grant Program Disbursements: $300,000.00
APPENDIX I
Certificate of Existence
(issued within last year evidencing that the Organization is in good standing)
INBiz: Your one -stop source for your business.
Page I of I
- ' - (http://www.INBiz.IN.gov)
Business Details
URBAN ENTERPRISE
Business
ASSOCIATION OF
Business ID.
198403-411
Name:
SOUTH BEND INC
Domestic Nonprofit
Business
Active
Entity Type:
Corporation
Status:
Creation Date:
03/12/1984
Inactive Date:
227 W. JEFFERSON
Principal
BIND., SUITE 1200 S.,
Expiration
Perpetual
office
SOUTH BEND, IN,
Date:
Address:
46601, USA
Business
Jurisdiction of
Indiana
Entity Report
03/31/2019
Formation:
Due Date:
Years Due:
Principal Information
Print Entity Details
Title Name Address
Chairman KAREN L. WHITE 1912 MALVERN WAY, SOUTH BEND, IN, 46614, USA
Page I of 1, records 1 to 1 of 1
Registered Agent Information
Type: Individual
Name: PAMEL•A C. MEYER, EXECUTIVE DIRECTOR
UEA OF SOUTH BEND INC., 227 W. JEFFERSON BLVD. SUITE 1400 S, SOUTH
Address: BEND, IN, 46601 - 0000, USA
Back Filing History Name History Assumed Name History
Return to'Search Certified Copies Request
i_,,. _1/1 1 ,...n — n ..ro..t �t g„�, ,�R�Co�,•�1,/R„ „�P�cTnfrnma4inn`Ih3�cin ccTrI— 7117Rkhu... 7/16/2018
APPENDIX II
Copy of Federal Tax -Exemption Letter
GrE �
lt� internal Revenue Servic
Urban Enterprise Association
of South Bend, Inc.
1200 County -City Building
south Send, Indiana 46601
Department of tW`reasury n �
Washington, DC 20224
Person to Contact: Mr. Daume
Telephone Number: (202) 566-3844
Refer Aeplyto: E:EO:R: 2--4
Date:
�.rJR 2 9 '
Employer Identification Number: 31.-1118740
Key District: Cincinnati
Accounting period Ending: December 31, 1990
Foundation StatFoorm1990iRequired: Yes(a)(3)
Dear Applicant:
Based on information supplied( and assumiyour operations
ng
will be as stated in your application for recognition of exemption,
we have determined you are axeri�pt froiri' federalincome theCodex as an,
section' 501(a) of the internal Revenue_ Code
organization described in section 501{c}(),
J are not a private
We have further determined that you of the Code,
foundation within the in
in thein (sectian(s) above.
because you are an organization described
If your sources of support, or your purposes, character, or
method of operation change, please let your key district know sa
that office can consider the effect of the change on your exempt
status and foundation status. In the case of an amended document
or bylaws, please seylaws to'
nd a copy of the amended docuaurt key
or bDistrict
your key district. Also, yc�u should informy
Director of all changes in your name or address.
As of January �., 1984, you are liable for taxes under thesF
(social
Federal insurance Csecurity taxes) an
ontributions Act our employees
remuneration of $1.0o or more you pay o each of Y imposed
during a calendar year. you are not liable for the tax
Tax Act (FUTA).
under the Federal. Unemployment
Since you are not a private faundatian, you are Howeveerr, subject
, you are
to the excise taxes ander t from federal excise taxes. 1f you
not automatically eer 42 of the Code.
xemA or other federal
have any questions about excise, employment,
taxes, please contact your key District Director.
2
Cuban Enterprise Association of South Bend, Inc,
Donors nay deduct contributions to you as provided in section
170 of the code. Bequests, legacies, devises, transfers, or gifts
to you or for your use are deductible for federal..estate and gift'
tax purposesx,if they m6et the applicable provisions of sections
2055, 2106, and 2522 of the
Donors (including private foundations) may rely on this ruling
unless the Internal Revenue Service publishes notice to the
Your
509(a) status as shown above,
contrary, However, if you lose y
donors (other than private foundations) may not rely on the
classification shown above if they were in partsponsossibl such
or were aware 'of, the act that resulted in your
status, or they acquired knowledge that the Internal Revenue
service had given notice that you would be removed from that
classification. Private foundations may rely on the classification
as long as you were not directly or indirectly controlled b them
or by disqualified persons with respect to them. However, private they
foundations may not rely on the classification shown above if acquired knowledge that the Internal Revenue Service had given
notice that you would be removed from that classification.
If your organization conducts fund-raising events such as
benefit dinners, auctions, membership drives, etc., where help Your
of value is received in return for contributions, y
ou candonors avoid difficulties with their er income
treatment of returnsby
assisting them in determining the prop
contributions. To do this you should, 'in advance of the event,
determine the fair market value of the benefit received andstate
it in your fund --raising materials such as solicitations,
and receipts in such a sway that your donors can determine how much
is deductible and how much is not. To assist you in this, the
Service. has issued Publication 13 9 �, Dedu� t� bAn� s . o Xau may obta�n
V_O tJ .4--
copi.es of Publication 1391 from your key is ri -
In the heading of this letter we have indicated whether you
must file Form 990, Return of organization Exempt from Income Tax.
If Yes is indicated, You are required to file Form 990 only if Your'
gross receipts each year are normally more than $25,000. If your
gross receipts each year are not normally more. than $25,000, we ask
that you establish that you are not required to file Form 990 by
completing Part I of that Form for your first year. ereafter,
you will not be required to file a return until. your gross
exceed the $25,000 minimum. For guidance in determining if your
gross receipts are "normally" not more than the $25,000 limit,
the instructions for the Form 990. If a return is required, it
must be filed by the 15th day of thenffifth�o month
$10 after day hecendged�
your annual. accounting period.=_ A penalty o
when a return is filed late, unless there is reasonable cause for
3
Urban Enterprise ,association of south Bend, Inc.
the delay. The maximum penalty charged cannot exceed $5,000 or 5
percent of your gross receipts for the year, whichever is less.
This penalty may also be charged if a return is not complete, so
please be sure your return is complete before you file it.
You are required to make your annual return available for
public inspection for three years after the return is due. You are
also required to make available a' copy of your exemption
application, and supporting documents, and this exemption letteiF.`
Failure to make these documents available for public inspection may
subject you to a penalty of $10 per day for each day there is a
failure to comply (up to a maximum of $s, 000 in the case of an
annual return) . See internal Revenue service Notice 88--120, 1988-2
C.B. 454, for additional information.
You are not required to file federal income tax returns unless
you are subject to the tax on unrelated business income under
section 511 of the Code.. If you are subject to this tax, you must
file an income tax return on Form 990--T, Exempt organization
Business Income Tax Return. In this letter we are not determining
whether any of your present or proposed activities are unrelated
trade or business as defined in section 513 of the Code.
You need an employer identification number even if you have: -
no employees. Please use that number on all returns you file and
in all correspondence with the internal Revenue service.
We are informing your key District Director of this ruling.
Because this letter could help resolve any questions about your
exempt status and foundation status, you should keep it in your
permanent records.
If you have any questions about this ruling, please contact
the person whose name and telephone number are shorn in the heading
of this letter. For other matters, including questions concerning
reporting requirements, please contact your key District Director.
Sincerely,
A. -
Jeanne S. Gessay
Chief, Exempt organizations
Rulings Branch 2
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONT'RACTOR'S, NON-COLLILISION 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 0
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 ($20,0,00,000) 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 bythe Indiana Department of Administration.
Non -Collusion Novi -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 (34) 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, 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 (I.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 Un,ited States. l 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 fou ndry 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 thiat the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this /104;1 day of 20_
C 'tttn�irm) &ZJ/ on ra5p4/Biddert( irml
XWMY, 'I,
W" "LORYLTIMMER
NOTARY% 1;
— * St, Joseph County
%'u 001 MY COMMi88ion Explres
September 23,2025
of Contractor/Bidder or lts
Printed Name and Title
Subscribed and sworn to before me this day of 20—L$
U
My Commission Expires �Iqck, �,S ZbOS
Not ry ublic La �Lj t—
J L . -M�Ovvlcr
County of Residence 1, 1
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUB1,IC WORKS
AGENDA rrEM REVIEW REQUEST FORM
1-9.
Date Augusty, 2018
Name Pam Meyer Department DC1
BPVV Date August 14, 2018 Phone Extension 5845
Required Prior to Submittal to Board
Legal Attorney Name Clara McDaniels , Sandra Kennedy
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
X Agreement
F-1 Professional Services
Bid Opening
Quote Opening
❑ Change Order No.
F1 Ease/Encroach.
n Other:
]a Contract
El Resolution
0 Bid Award
F-1 Quote Award
0 C/O & PCA No.
El Traffic Control
M �=
F] Req, to Advertise [:] Title Sheet
NMA
Company or Vendor Name Urban Enterprise Association of South Bend, Inc.
New Vendor El Yes M No El If Yes, Approved by Purchasing
MBENVBE Contractor E] MBE F1 WBE
Project Name, City Pilot Homeowner Repair Program
Project Number N/A . .. . ......
Funding Source COIT
Account No. N/A
Amount $ 300,000.00
Terms of Contract 7/23/18-,12/31/19
Purpose/Description To administer a homeowner repair program in areas directed by City.
[J Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Required -for Chap
Amount of ❑ increase $ . ........
❑ Decrease
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change: %
Dispersal After Approval
Copy Original
❑ Pam Meyer, DCI
.. ..... . ..... ..... .......
El