HomeMy WebLinkAboutAgreement - Urban Enterprise Assoc of SB - Neighborhood Scale Development Matching Grant ProgramAGREEMENT FOR PROGRAMS AND SERVICES WITH
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC.
(NEIGHBORHOOD -SCALE DEVELOPMENT
MATCHING GRANT PROGRAM)
2019
1 II" AGREEMENT (this "Agreement") is made effective the �4' � day of
_ _- 2019 (the "Effective Date"), by and between the CITY OF SOUTH
BEND, INDIANA, a municipal corporation organized and operating under the laws of
the State of Indiana, acting by and through its Board of Public Works (the "City") and the
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (the
"Organization").
RECITALS
WHEREAS, the City finds that improving the business environment, aesthetic
appeal, and vitality of its traditional neighborhood centers will encourage additional
investment in those places, in the surrounding neighborhoods, and in the City more
generally; and
WHEREAS, the investment necessary to improve the business environment,
aesthetic appeal, and vitality of its traditional neighborhood centers to prevent or
eliminate blighted conditions and to encourage the necessary additional investment in
these places could not occur through regulatory processes or the ordinary operations of
private enterprise without public involvement; and
WHEREAS, the City finds that the areas listed at Apll pd I (the
"Neighborhood Centers") are vital to the City and its surrounding neighborhoods and that
providing for additional investment in the Neighborhood Centers will serve their
surrounding neighborhoods and the residents of the City; 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 the Neighborhood -Scale Development Matching Grant Program
and more particularly described at Exhibit A (the "Program") to serve the Neighborhood
Centers; and
WHEREAS, the Organization is an Indiana not -for -profit corporation and
pursuant to its Articles and Bylaws is 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, (0 eliminate prejudice and discrimination, or (g)
combat community deterioration; and
WHEREAS, the Organization has represented that it is 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 Indiana Secretary of State's confirmation
that the Organization is currently active and in good standing, as well as the copy of the
Organization's Tax Exempt Determination Letter issued by the Internal Revenue Service,
respectively attached as Apllx II and pclixmlli; and
WHEREAS, the Organization has the expertise and resources to provide for,
oversee and administer the Program; and
WHEREAS, the Commission desires to allocate for the Program under the terms
of this Agreement Two Hundred Thousand and 00/100 Dollars ($200,000.00) (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 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 on behalf of the City, for the Contract Amount for the
period commencing on the Effective Date, and ending December 31, 2020. The
approved schedule for the Program is set forth at Exhibit B., 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
iii`veSLill u� iii Lill-, Lv%,isiivviiivvu �.iii�ei, Ciiu Lit%, g1— L ag�iciiiiciiL U L
2. Progt:am mmBumet and Budget Modification. The approved Program
Budget is set forth at Exhibit Q, (the "Budget"). The Organization shall not spend more
than the amount for each line item, as described in the Budget, without the prior written
consent 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. Compensation ter 11 O pLn. 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. Any funds attributable to staff or a
contract for staff or services shall only be deemed to be encumbered to the extent the
percentage of services are provided through the termination date of this Agreement.
4. Design nd Inzrrc atttaton o Program. To the extent not set forth in
1 xhibit 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
the Executive Director of the Department of Community Investment (the "Executive
Director") or any person appointed by said Executive 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. 7wi rnfinatiot .. l ecRr rxt.m 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 canceled. 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 work on the Program
completed to the City's satisfaction prior to the effective date of termination. The City
will not be liable for work on the Program performed after the effective date of
termination. In no case shall total payment made to the Organization exceed the original
Contract Amount.
ecrr� i't° ca �a „ C 1tr•ycic°t. 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. aintencincwe o "Records ds 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 sixty (60) days of the expiration or termination of this
Agreement, the Organization shall provide the City with a final accounting of the use and
disposition of the Contract Amount by the Organization. Unless otherwise authorized by
the City or required by law, such records shall be maintained by the Organization for a
period of four (4) years after the date of expiration or termination 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),
3
if applicable, with respect to all documentation related to the Contract Amount.
8. Audit Reau irrya nt.. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City Controller, and the Executive
Director or 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 Executive Director or the Contract Administrator, the Organization shall provide
the City a progress report on the Program. If requested by the City Controller, the
Executive Director, or the Contract Administrator, 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. C"rIrc_,� cJ Irtt`e�. 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. R
Lelationshi). 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 this Agreement after the opportunity to consult with
independent counsel. Neither party shall maintain that the language in this 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
V betti,etweer� *�� Organization and the City and agrlce that nothing corltained licreirl or in any
ween L11V Vl
document executed in connection herewith shall be construed as creating any such
relationship between the City and the Organization.
11. Notices. Any notice required or permitted to be delivered hereunder shall
be deemed to be delivered, 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.
M
Citv:
Executive Director
Dept. of Community Investment
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601-1830
OLmIz
Karen White, Chairman
Urban Enterprise Association
of South Bend, Inc.
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601-1830
12. lIwLgl C1 ,00rl'unld . 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. 1i"attire A �qnLeAl rrnc [razc�ta rrr�:��u��. 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.
14.4msslgarxm. 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.
15. No Waiver. 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. Saver abi1hy,. 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. 4cl itionrrl Re,aresentatrorxs. The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they
are the duly authorized officers of the Organization and have been fully empowered to
execute and deliver this Agreement and that all necessary corporate action has been taken
and done.
18. Non -Collusion emind II(I �Jrlrr��°-ce. 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,
5
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.
(Remainder of page intentionally left blank)
3
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA, URBAN ENTERPRISE ASSOCIATION
by and through its Board of Public Works OF SOUTH BEND, INC.
Gary A. Gilot, President Karen L. White, C hairnian
"1 Lei .�se i (L Li, ein ier
F,. azabeth A. Maradik, Member
ire evieve E. Miller,
aura O'Sullivan, Member
Attest:
..�,uCL
�,la Martin, C1 wk.
7
EXHIBIT A
Program Description
The Organization shall provide the following services and programs:
Neighborhood -Scale Development Matching Grant Program —
Establish a program designed to encourage private investment by commercial,
industrial, and mixed use property owners or lessees in the Neighborhood
Centers. The program goal is to promote exterior improvements that enhance the
appearance, value, and character of the property and support the business
environment and vitality of the Neighborhood Center. Lessees must provide
written proof that the property owner has authorized the proposed improvements.
The program shall require:
(1) A maximum of one grant per property address.
(2) A private investment of at least forty thousand dollars ($40,000),
which may include the cost of improvements made to the interior
of a building.
(3) A matching public investment not to exceed fifty percent (50%) of
the total project cost. The maximum grant shall not exceed two
hundred thousand dollars ($200,000).
(4) Projects that create a significant visual improvement to the
Neighborhood Centers and are consistent with any revitalization
plan adopted by the City.
(5) To be eligible, the subject property must be current on property
taxes.
(6) A minimum of two (2) estimates from licensed contractors
detailing the scope of work with itemized prices must be obtained
before a project is approved. Applicants may bid 1vr wolk on tllelr
own grant project if they are licensed and/or qualified to perform
the work. However, when serving as their own contractor,
applicants will not be reimbursed for labor related costs.
(7) Before any work is commenced, any required building or sign
permits for the grant project must be obtained for an applicant to
continue to be eligible for the program.
(8) Specific program guidelines must be established, which clearly
establish the grant process.
(9) No funds may be disbursed for a grant unless pursuant to a written
contract which provides for default conditions consistent with the
program guidelines and clearly establishes remedies for instances
of default.
(10) To be eligible, an applicant must agree to hold the City of South
Bend, Indiana harmless and to indemnify the City 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.
Under the program, the following shall be ineligible improvements for grant
funding:
(1) Improvements in progress or completed prior to the grant award,
including for items counted toward the match requirement
(2) Interior improvements not associated with exterior work; however,
the cost of interior improvements may be counted toward the
match requirement
(3) Removal or enclosure of architecturally important features
(4) Window or door bars or security gates
(5) Demolition of buildings
(6) Alterations that decrease the accessibility for people with
disabilities
(7) Refinancing of existing debt
(8) Property acquisition
(9) Environmental consulting or hazardous materials testing services
or abatement or clean-up costs
As part of the implementation of this program, the Organization may use a portion
of the Contract Amount to engage an architectural firm to advise applicants on
project design at no cost to the applicant.
EXHIBIT B
Program Schedule
1. Create and continue a Program consistent with this Agreement during
the Contract Term.
2. Commence and continue marketing for the Program and continue
processing applications during the Contract Term.
3. Review, analyze, and have Organization staff in a position to
recommend or deny application within thirty (30) business days of
receipt.
4. Approve or reject application within sixty (60) days from receipt or
notify applicant of a deficiency or special circumstance requiring
additional deliberation.
5. Provide notice to applicant of approval or rejection within ten (10)
days of approval or rejection.
6. Monitor project and disburse funds consistent with Program guidelines
and this Agreement.
EXHIBIT C
Program Budget
Funds Available for Neighborhood Scale Development Grant Disbursements
and Fees for Architecture Consulting Services: $200,000.00
APPENDIX I
Qualifying Neighborhood Centers
• Lincolnway-Charles Martin
• Lincolnway-Olive
• Lincolnway-Wilber
• Linden -College
• Miami-Calvert/Ewing
• Miami -Indiana
• Michigan -Indiana
• Michigan -Sample
• Mishawaka -Beyer to Esther
• Mishawaka-30"
• Portage -California
• Portage -Elwood
• Western-Kaley (Cultural District)
• Western -Walnut (Arts & Design District)
APPENDIX II
Indiana Secretary of State Confirmation of Organization's Active Status
APPENDIX III
Copy of Federal Tax -Exemption Letter
Entity Type: Domestic Nonprofit Corporation
Creation Date: 03/12/1984
227 W. JEFFERSON BLVD., SUITE 1200
Principal Office Address: S., SOUTH BEND, IN, 46601, USA
Jurisdiction of Formation: Indiana
Business Status: Active
Inactive Date:
Expiration Date: Perpetual
Business Entity Report Due 03/31/2021
Date:
Years Due:
Title Name Address
Chairman KAREN L. WHITE 1912 MALVERN WAY, SOUTH BEND, 1N, 46614, USA
Type: Individual
Name: PAMELA C. MEYER, EXECUTIVE DIRECTOR
Address: UFA. OF SOUTH BEND INC., 227 W. JEFFERSON BLVD. SUITE 1400 S, SOUTH BEND, IN, 46601 -
01100, USA
internal Revenue Servic m*
Urban Enterprise Association
of South Bend, Inc.
1200 County -City Building
South Bend, Indiana 46601
Department of tW--reasuryMA
r,
Washington. DC 20224 "
Person to Contact; Mr. Daume
Telephone Number: (202) 566-3844
Refer Reply to: E:Eo:R: 2--4
Date: "'rR cc. 9 r'
Employer Identification Number: 31-11.18740
Key District: Cincinnati
Accounting Period Ending: December 31, 1990
Foundation Status Classification: 509(a)(3)
Form 990 Required.: Yes
Dear Applicant:
Based on information supplied, and assuming your operations
will be as stated in your application for recognition of exemption,.
we have determined you are exetpt from' federal" income tax under
section" 501(at) of the .Internal Revenue` Code (the Code) as an --
organization described in sections 3 L.
We have further determined that you are not a private
foundation within the meaning of section 509(a) of the Code,
because you are an organization described in the section(s) above.
if your sources of support, or your purposes, character, or
meththatoo operation
consider thepeffectlof therchan change
know so
change,y Ydistrict g your
ur exempt
status and foundation status. In the case of an amended document,.".
or bylaws, please send a copy of the atended.dodument or bylaws to -
your key district. Also, you should .inform your key District
Director of all changes in your name or address.
As of January 1., 1984, you are' liable for taxes under then
Federal insurance Contributions Act (social security taxes) on
remuneration of $100 or more you p; "each of your employees
during a calendar year. You are not liable for the tax imposed
under the Federal Unemployment Tax Act (FUTA).
Since you are not a private foundation, you are not subject
to the excise taxes under Chapter 42 of the Code. However, you are
not automatically exempt from other federal excise taxes. If you
have any questions about excise, employment, or other federal
taxes, please contact your key District Director.
,��� �,;,„�',�'•,�y�'n:t,�T''�'�-t G��'{�",,,-^�«..l""�,... �;r�r,,Sr"�r"°�r ";�"'" .'�I�G>��� �f�,�l�j
.:r,.7.o,
?_0
2
Urban Enterprise Association of South Bend, Inc.
I I events such as
If your organization c
auctions,benefit dinners, membership ■ g
of value is .
ur
donors ^• • difficulties
• • • • . w • •
• them in determining the proper tax treatment of
assisting
contributions. - To do, this • should, of
determine the fair market value of - benefit _ -
At in • • materialssolicitations,
and receipts in such a way that your donors determine how
deductibleis • how much is! not.
Service has issued Publication.• • ^ r^
to ons Condu
copies of Publication 1391 from • district office.
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 $23,000.k If your
gross receipts each year are not normally more than 2 ,000, e ash
that you establish that you, are not required to file Form 990 by
completing Fart I of that Form for your first year. Thereafter,
you will not be required to file a return until your gross receipts
exceed the $25,000 minimum. For guidance in determining if your
gross receipts are "normally" not more than the $25, 000 limit, see
the instructions for the Form 990. If�a return is required it-i
must be filed by e l nth day of the fifth month after the end ofl
your annual accounting period.A penalty of $1.0 a day is charged.
when a return is filed late, unless there is reasonable cause for
!, 7. fir.
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 lettew;
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 $5, 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 shown in the heading
of this letter. For other matters, including questions concerning
reporting requirements, please contact your key District Director.
Sincerely,
Jeanne S. Gessay
Chief, Exempt Organizations
Rulings Branch 2
_. .f'
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF ; J LA )
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:
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
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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.
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.
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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 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). I 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 f day of 20
Coa1'ra or/13idder (Firm)
L L. TIM _ ... ..�...___........ �.
��N ORY MER
Lase ph Cw* Signature of i orttl'�aotolr"B�dd'er or Its Agent
S"bmberIII23,2025,/�
Printed Name and Title .........
Subscribed and sworn to before me this 13 wwww,w _, day of , 2011
My Commission Expires
Public # , :�150 r,i�fN � ►�,{�°'
County of Residence _ITIT�ITm1
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date Sc t l er 26, 2019
Name Michael Divitalbg Department DCI
BPW Date October 8, 2019 Phone Extension 5843
qured Prior to Submittal to Board
BPW Attorney ❑ Attorney Name
Dept. Attorney ® Attorney Name Sandra Kennedy
Purchasing
Check the A ro Ejgt _ tem
.
— l clt
0 Professional Services Agreement El Contract
[l Open Market Contract 0 Amendment/Addendum
[:] Bid Opening El Bid Award
❑ Quote Opening El Quote Award
Proposal Opening Fj C/O & PCA No.
El Chg. Order, No. ❑ Traffic Control
[]_Other:
eq4 red Information
All Submissions
[ I Proposal
❑ Special Purchase, QPA
❑ Req. to Advertise
Reject Bids/Quotes
PCA
[� Resolution
Ease./Encroach
❑ Title Sheer
Company or Vendor Name Urban Enters?_rise Association of South Berrd Inc.
Yes If Yes, Approved by Purchasing
New Vendor Y
No
MBE/WBE Contractor WBE Completed E-Verify Form Attached ® No
Project Name Nei borhood-Scale DevelopmentMatchingGrant Program
Project Number
w _. _.............. - .....
......----...... ......
Funding Source EDIT .
.............. ........ ...............a _.
Account No. 408-1001-460.39-30 / 19JO14
Amount $200,000
Terms of Contract
........ ....-_....�
Purpose/Description Provide fund n) to UEA to administer a commercial and mixed -use
building and property improvement grant for projects in neWIborhood
centers
Amount of ❑ ase $
Previous Amount $
Increase
Current Percent of Change: Decrease ( /o _._...... �..............
0
New Amount $
Increase
Total Percent of Change: Decrease ( /o _... _...............
0
Time Extension Amount:
New Completion Date: