HomeMy WebLinkAboutAddendum to Agreement - Urban Enterprise Assoc of South Bend - West Side Main Streets Matching Grant ProgramEIGHTH ADDENDUM TO
AGREEMENT FOR PROGRAMS AND SERVICES WITH
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC.
(FACADE MATCHING GRANT PROGRAM)
(LINCOLNWAY WEST AND WESTERN AVENUE)
THIS EIGHTH ADDENDUM (this "Addendum") is made and entered into this
day of , 20 J., by and between the CITY OF SOUTH BEND, INDIANA, a
municipal corpora .gin organised and operating under the laws of the State of Indiana, acting by
and through its Board of Public Works (the "City"), and the URBAN ENTERPRISE
ASSOCIATION OF SOUTH BEND, INC. (the "Organization").
RECITALS
WHEREAS, the City and the Organization have entered into an agreement entitled
"Agreement For Programs And Services With Urban Enterprise Association of South Bend,
Indiana, Inc. (Facade Matching Grant Program) (Lincolnway West and Western Avenue)" dated
December 9, 2014, and amended by addenda dated August 11, 2015; November 10, 2015;
December 22, 2015; November 22, 2016; February 28, 2017; November 14, 2017; and June 12,
2018 (collectively the "Agreement"), providing for the Fagade Matching Grant Program (the
"Program"); and
WHEREAS, the City desires to allocate for the Program under the terms of this
Addendum an additional Two Hundred Thousand and 00/100 Dollars ($200,000.00), which
combined with the Nine Hundred Twenty -One Thousand and 00/100 Dollars ($921,000.00)
previously allocated under the terms of the Agreement, would create a total allocation of One
Million One Hundred Twenty -One Thousand and 00/100 Dollars ($1,121,000.00) (the "Contract
Amount'), and as required by Indiana Code § 5-22-17-3, the Contract Amount does not exceed
the amount appropriated for such purpose; and
WHEREAS, the parties desire to amend and extend the Agreement by this Addendum;
and
WHEREAS, the Organization further represents that it has taken all corporate action
necessary to enter into this Addendum; and
WHEREAS, the City believes that the actions contemplated by this Addendum are in the
best interests of the health, safety and welfare of the City and its residents and that those actions
comply with the public purposes and applicable provisions of state and local law.
NOW THEREFORE, the parties mutually agree as follows:
1. Section 1 (Contract Amount and Term) of the Agreement is modified to read in its
entirety as follows:
The Organization shall provide the programs and services set forth at Exhibit A on behalf
of the City, for the Contract Amount for the period commencing December 15, 2014, and
ending December 31, 2019. The approved schedule for the Program is set forth at
Exhibit [ . The Organization shall submit a report to that person designated by the City
as the Contract Administrator within sixty (60) days of the expiration or termination of
this Agreement 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 the Corridor, the project
commencement date and the project completion date.
2. Exhibit C to the Agreement is hereby amended and replaced with Exhibit C to this
Addendum.
3. The parties agree that all other terms and conditions as set forth in the Agreement
shall remain in full force and effect.
(Remainder of page intentionally left blank)
IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA,
by and through its Board of Public Works
Gary A. Gilot, President
_...._.....
.
Elizabeth A. Maradik, Member
n�
Therese J. Dorau, Member
ATTEST:
` .::.................... ,.. �.:..
ld M. Martin, Clerk
URBAN ENTERPRISE ASSOCIATION
OF SOUTH BEND, INC.
Ale
Printed Name and Title
C'� diet
EXHIBIT C
Program Budget
Funds Available for Fagade Matching Grant Disbursements
and Fees for Architecture Consulting Services: $1,121,000.00
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)
STA-rE OF ,
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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:
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
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 201.6
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 _ day of &L 20_ Q
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Contractor/Bidder (Firm)
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Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of _ , 20�
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County of Residence
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
(YD
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date Februag 15, 2019 Department DCI
BPW Date February 26, 2019
. ..... . Phone 584,3
Name Michael DivitaW
0 Legal
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ca
0 R Controller
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Purchasing
Check the A
-Agreement
Claim
Bid,.Ope�nin,
Quote�Oeninc
Chi Order No,
Ease./Encroach.
Other:
Company or Vendor Name
New Vendor
—BI f/- W-- B "E" C-"o—n -t r' a c' t or
P�ect Name
Project Number
Fund ina Source
Account No,
Amount
- - -- - — ----- .....
Terms of Contract
'Purp'o'-se" /D —es cr-i p t i -o -n
Attorney Name Sandra Kennedy
Controller review is required for all Contracts $5,000.00 or more
and greater than one year in length per the City Purchasing
Policy
ropriate Item T
7-Contract —-
Bid Award
Quote Award
bl—O -&P C-A No
Traffic Control
Required for All Submissions
-1-1.1-M- Proposal ---- --- . . ..... . . r
Req. to Advertise
PCA
Res 6I6 Fion
Rec ired Information
Urban Enterprise Association of South Bend, Inc.
Yes MBE�`B E Yes, Ar^roved
by Purchasir
-1
West
e- Main Streets M
a t c —hi n—g Grant Program
COIT
404.1001.460.39.30 19JX01
$200,000
=511
I E, --for ChangeOrders
e
Amount of E Decrease
Addendum
Title Sheet