HomeMy WebLinkAboutAgreement - Cross Community CDC - Pilot Housing Subsidy ProgramAGREEMENT FOR PROGRAMS AND SERVICES WITH
CROSS COMMUNITY INC.
PILOT HOUSING SUBSIDY PROGRAM
THIS AGREEMENT (the or this "Agreement") is made effective the 20th day
of December 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") and CROSS
COMMUNITY INC. (the "Organization").
RECITALS
WHEREAS, the City believes that improving the appeal and vibrancy of the
City's neighborhoods with a range of new and different housing types will encourage not
only additional investment in these new properties but in the surrounding neighborhoods
and in the City more generally; and
WHEREAS, the City finds that there are neighborhoods within it that have
vacant parcels, an approved plan, and in which a significant number of low and moderate
income individuals and families reside, which without development are at risk of
additional dis-investment in those areas; and
WHEREAS, the City desires to encourage development on these vacant and
abandoned properties to improve their aesthetic appeal and encourage additional
investment not only in such properties but also in the surrounding neighborhoods and in
the City more generally; and
WHEREAS, the City finds that the condition of vacant properties is vital to the
City and its neighborhoods and that providing for additional investment in vacant
properties will serve that 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 a "risk mitigation" housing program,
commonly described as the Pilot Housing Subsidy Program more particularly described
at Exhibit (the "Program") to incentivize investment in vacant properties; and
WHEREAS, the Organization is an Indiana not -for -profit corporation and
pursuant to its Articles and Bylaws is organized exclusively for charitable, religious,
educational and scientific purposes, including, for such purposes, the making of
distributions to organizations that qualify as exempt organizations under 501 (c)(3) of
the Internal Revenue Code, or the corresponding section of any future federal tax code.
WHEREAS, the Organization has represented that it is duly existing as a not -for -
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
Exempt Determination Letter issued by the Internal Revenue Service, respectively
attached as Appgnd'ix l and �pgndband
WHEREAS, the Organization has the expertise and resources to provide for and
oversee the construction of housing, market properties, and engage potential buyers; and
WHEREAS, the City desires to allocate funds for the Program under the terms of
this Agreement for the sole purpose of "risk mitigation" for the Organization for the
construction of new homes in the Near Northwest neighborhood; 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 total amount to be paid under this Agreement
shall not exceed Five Hundred Thousand and 00/100 Dollars ($500,000.00) ("Contract
Amount"). The Organization shall provide the Program on behalf of the City, for the
Contract Amount during the period commencing March 1, 2019 and ending December
31, 2021. A more detailed schedule for the Program will be determined jointly by the
Organization and the City.
2. Contract Administrator. The Contract Administrator shall be the individual set
forth in Section 13.
3. "oir �c�amtE()ro �° f'Log qjq. The Organization shall be compensated up to
Seventy -One Thousand Four Hundred Twenty -Eight Dollars ($71,428) per residential
structure built, with a total reimbursement not to exceed the Contract Amount. The
Organization shall provide that person designated as the Contract Administrator by the
City with a reimbursement request including all documentation reasonably requested by
the Contract Administrator, which shall include but not be limited to a certificate of
occupancy for the structure and a statement that the funds were used exclusively in
furtherance of the Program, as set forth in this Agreement. The final request for
reimbursement shall be received by the Contract Administrator no later than October 31,
2021. All funds unencumbered for the Program at the expiration of this Agreement shall
be returned to the City.
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4.. Des, , ttel i°rr�o '.f'rtgr crm. To the extent not set forth herein or in
Exhibit- A., the Organization will work with the City's Director of Planning and its
Director of Neighborhood Development in the design and implementation of the Program
to ensure any new development aligns with the neighborhood and City objectives, unless
specifically directed otherwise by the City, the City Controller, or the Director of the
Division of Neighborhood Development, or 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 and shall submit quarterly reports to the
Contract Administrator, based on the approved schedule and showing the progress of the
Program, including a summary of all transactions and identifying the property address,
amount of funds attributable to the Contract Amount used for the construction at the
property, the amount of private investment in the property, the project commencement
date, and the project completion date.
S. Telyr matron Lrfrrr rrt. 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 City will not
be liable for work on the Program performed after the effective date of termination, and
all requests for reimbursement by the Organization shall be properly submitted prior to
the termination date.
6. Remc i r°ear w r..mca . c rrtrcrct. The Organization's failure to complete the
Program or otherwise perform in accordance with the terms this Agreement or the
timeframes agreed upon in the schedule 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. The Organization shall repay any portion of the Contract Amount expended for
matters not within the scope of the Program or the Budget.
7. Alldinterratice of Records, _Access to Ji"ecor ds. 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 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.
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8. r�rlitwwwRe r�crr bra; r:ts^. The Organization agrees to make all information available
to the Indiana State Board of Accounts, the City Controller, and the Contract
Administrator as requested to comply with any audit 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 or the timelines set forth on the agreed
schedule. If requested by the City or the City Controller, 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.
9. 'rqfljt . J htgrg,,st. 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 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. Relationvhip. 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 and had 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
them and agree that nothing contained herein or in any document executed in connection
herewith shall be construed as creating any such relationship between them.
11. 1ndeonWficaUon_9LQy. The Organization hereby agrees to indemnify, defend,
and hold harmless the City and its officials, employees, and agents, from any and all
claims of any nature which arise from the performance by the Organization under this
Agreement and from all costs and attorney fees in connection therewith, except for claims
arising out of the negligence or intentional acts or omissions of the City or its officials,
directors, employees, or agents. The obligations of the Organization under this section
shall survive the termination of this Agreement.
12. ,i ssi rah rrr��w. The Organization shall not assign or subcontract the whole or any
part of this Agreement or its obligations hereunder without the prior written consent of
the City.
M
13. Noficev. 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.
Company: City:
Michael Patton Pamela C. Meyer, Director
Cross Community Inc. Division of Neighborhood
707 Sherman Avenue Development
South Bend, Indiana 46616 City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400
South Bend, IN 46601-1830
14. E'qual..9? carton t ` n- iscrinfinatio l gM1.Y7ancq. The Organization shall
....._.
comply with all applicable laws and regulations in its hiring and employment practices
and policies for any activity covered by this Agreement. The Organization shall comply
with all federal, state, and municipal laws, regulations, and standards applicable to its
activities pursuant to this Agreement including, but not limited to, the requirements
imposed by Ind. Code 22-9-1-10 (non-discrimination), the provisions of Ind. Code 5-22-
16.5 (disqualification for dealings with the government of Iran), and the provisions of
Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment
of unauthorized aliens). Additionally, the Organization shall not discriminate against any
person seeking to participate in the Program, nor will it use any portion of the Contract
Amount to advance or facilitate its religious activities or the religious activities of any
other organization. Each of the foregoing provisions is incorporated herein as if set forth
in full, and the Provider certifies that she is in compliance with each such provision and
shall remain in compliance through the term of this Agreement.
15. No Waiver. r. No failure or delay on the part of either party in exercising any right
under this Agreement will operate as a waiver of, or impair, any such right. No single or
partial exercise of any such right will preclude any other or further exercise thereof or the
exercise of any other right. No waiver of any such right will have effect unless given in a
written document signed by the party waiving such right. No waiver of any right will be
deemed a waiver of any other right hereunder.
16. sac?yerability. In the event any portion of this Agreement shall be held illegal,
void, or ineffective, the remaining portions hereof shall remain in full force and effect. If
any of the terms or conditions of this Agreement are in conflict with any applicable
statute or rule of law, then such terms and conditions shall be deemed inoperative to the
extent that they may conflict therewith and shall be deemed to be modified to conform to
such law.
17. / nlirMe Aereenient and Arraend)raent. 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,
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approved by both the Organization and the City.
18. lIdditional Re resentation.s. 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.
19. Non ollysion and AcmmMLgn. c,. 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.
C,
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTI-I BEND, INDIANA, CROSS Co
BOARD OF PUB1,1C WORKS
Act
Gary A. Gii Ot, President
Therese J. frau, N/lember
�r
Suzanne M. Fiitzb—erg'—,—'
Member
IE'17.4a, L!th A. Ma—radik,—"—"'-'---
Member
Member
ATTEST:
F '
1"nb
Liam
EXHIBIT A
Program Description
Pilot Housing Subsidy Program
During the term of this Agreement, the Organization will establish a program in
conjunction with the City's Department of Community Investment, to promote,
build, market and assist homebuyers in the purchase of new housing within
targeted areas. The pilot program will be designed to encourage public/private
housing investment in a specified and targeted geography on vacant parcels based
on development plans that align with the neighborhood and City objectives.
The program goals are to:
(1) Develop vacant City -owned and Organization -owned lots
(2) Offer the opportunity to improve and maintain the character and value of the
property and surrounding neighborhood
(3) Offer financial support in the form of gap financing for the construction of
new single family and/or duplex residential structures
(4) Support the opportunity for individuals and families to live in safe and
affordable housing.
The program shall require:
(1) A maximum of one subsidy per residential structure
(2) The per structure construction subsidy shall be Seventy -One
Thousand Four Hundred Twenty -Eight Dollars ($71,428.00).
(3) Property must be owner -occupied single family or owner -occupied
duplex residential structures
(4) Development is to occur first on land owned by Cross Community
Inc. and approved by City
(5) Design of residential structure to be approved by the City
APPENDIX I
Certificate of Existence
(issued within last year 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
the State of Indiana, the custodian of the corporate records and the proper official to execute this
certificate.
I further certify that records of this office disclose that
CROSS COMMUNITY, INC.
duly filed the requisite documents to commence business activities under the laws of the State of
Indiana on November 11, 2016, and was in existence or authorized to transact business in the State of
Indiana on December 17, 2018.
I further certifiy this Domestic Nonprofit Corporation has filed its most recent report required by
Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of
withdrawal, dissolution, or expiration has been filed or taken place. All fees, taxes, interest, and
penalties owed to Indiana by the domestic or foreign entity and collected by the Secretary of State
have been paid.
In Witness Whereof, I have caused to be affixed my
signature and the seal of the State of Indiana, at the City
of Indianapolis, December 17, 2018
a dr
CONNIE LAWSON
SECRETARY OF STATE
201611111166597 / 2018821348
All certificates should be validated here: https://bsd.sos.in.gov/ValidateCertificate
Expires on January 16, 2019.
APPENDIX II
Copy of Federal Tax -Exemption Letter
INTERNAL REVENUE
SERVICE
DEPARTMENT OF THE TREASURY
P. O. BOX 2508
CINCINNATI, OH
45201
Employer Identification Number:
Date: DEC 15
2016
81-4477516
DLN:
26053747003286
CROSS COMMUNITY
INC
Contact Person:
707 SHERMAN AVENUE
CUSTOMER SERVICE ID# 31954
SOUTH BEND, IN
46616-0000
Contact Telephone Number:
(877) 829-5500
Accounting Period Ending:
December 31
Public Charity Status:
170(b) (1) (A) (vi)
Form 990/990-EZ/990-N Required:
Yes
Effective Date of Exemption:
November 11, 2016
Contribution Deductibility:
Yes
Addendum Applies:
No
Dear Applicant:
We're pleased to tell you we determined you're exempt from federal income tax
under Internal Revenue code (IRC) Section 501(c)(3). Donors can deduct
contributions they make to you under IRC Section 170. You're also qualified
to receive tax deductible bequests, devises, transfers or gifts under
Section 2055, 2106, or 2522. This letter could help resolve questions on your
exempt status. Please keep it for your records.
Organizations exempt under IRC Section 501(c)(3) are further classified as
either public charities or private foundations. We determined you're a public
charity under the IRC Section listed at the top of this letter.
If we indicated at the top of this letter that you're required to file Form
990/990-EZ/990-N, our records show you're required to file an annual
information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N,
the e-Postcard). If you don't file a required return or notice for three
consecutive years, your exempt status will be automatically revoked.
If we indicated at the top of this letter that an addendum applies, the
enclosed addendum is an integral part of this letter.
For important information about your responsibilities as a tax-exempt
organization, go to www.irs.gov/charities. Enter 114221-PC'I in the search bar
to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities,
which describes your recordkeeping, reporting, and disclosure requirements.
Letter 947
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
Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended
from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit,
is a person identified on list published by the Indiana Department of Administration.
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.
I, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 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.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this../J l,k day of , 20 J
c'�' of Contractor/Bid
Sig
rt�i3tur . ractor/Bid r or. Its gent °
Printed Name and Title
Subscribed and sworn to before me this 444'� day of 1 ",a- - J, 20—LB
My Commission Expires as A oa `f Crv.
Notary Public
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Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 17.2018
Name
Pam Meyer
Department
DCI
BPW Date
�iawar��i�m�mrivrim�rr�nreww�rvr.�i
December 20, 2018
� iumrev�mi�;wwm®�
Phone Extension 5845
uv�w�rorn�uuronm�m�am� � �n�rreimiimwwwwwr�w mmw rr�a�n�im�
uured Prior to Submittal to Board
Legal ® Attorney Name Sandra Kennedy
Controller ® Controller review is required for all Contracts $5,000.00 or more anc
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the
Agreement
❑ Professional Services
E] Bid Opening
Quote Opening
Change Order No.
El Ease/Encroach.
Other:
iropriate Item „Type — Reqi
❑ Contract
❑ Resolution
El Bid Award
Quote Award
[ C/O & PCA No..
❑ Traffic Control
d" for All Submissions
Proposal ❑ Addendum
❑ Req. to Advertise ❑ Title Sheet
uuired Information
Company or Vendor Name Cross Community CDC
❑ PCA
New Vendor
❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor
❑ MBE ❑ WBE
Project Name
Pilot Housing Subsidy Program - New Housing Construction
Project Number
18J034
Funding Source
EDIT
Account No.
� 408.1001.460.39.30.........................__w� �..� �... ..�.�.�............. .� ....._�..
Amount$....5.00,000.00.....�__.........���
....................................................................................m.................�..m..�.......u...
Terms of Contract
.........................
1 _.w......................_....__.._................................................................................................aY
/l/19-12/31/2021
Purpose/Description
Subsidize contractution of 7 homes in Near Northwest Target Area
® Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment„ E-V rif , Iran etc
Rewired For Chahae Orders Only
Amount of ❑ Increase $
w
E] Decrease $
Previous Amount $
Current Percent of Change: /o
New Amount
Total Percent of Change: %
Dispersal After Approval
Copy Original
® ® Pam Meyer, DCI
El 1:1