HomeMy WebLinkAboutAgreement - Community Investment Staff for Work Related to UEA UEZ Programs - Urban Enterprise Association of South Bend, Inc.am
1316 COUNTY -CITY BUILDING ��
"� PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD
�� FAx 574/ 235-9171
SOI JTH BEND. INDIANA 46601-1 930 -
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LIC WORKS
November 12, 2109
Karen L. White
Urban Enterprise Association of South Bend, Inc.
3702 W. Sample St.
South Bend, IN 46619
RE: Agreement
Dear Ms. White:
The Board of Public Works, at its meeting held on November 12, 2019, approved the above
referenced agreement for Community Investment staff help with UEA/UEZ programs, in the
amount of $40,000 paid to the city.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
AGREEMENT FOR STAFF SUPPORT
THIS AGREEMENT is between the Urban Enterprise Association of South Bend, Inc.,
an Indiana not -for -profit corporation (UEA), and the City of South Bend, by and through its
Board of Public WOA
�ks 01 beliali"cal its Community Investment Department (City) entered into
this ], ' day of ... vem 2019,
WHEREAS, UEA has as its purpose to further the economic development, social
welfare, and common good of the City of South Bend with emphasis in the City's Urban
Enterprise Zone, through the development of job opportunities and the elimination of blighting
or deteriorating physical conditions within the City; and
WHEREAS, UEA has entered into and will enter into contracts with the City to assist in
implementation of economic development and community development projects; and
WHEREAS, in order to carry out its purposes and to assist the City in certain economic
development and community, development projects, staff support for UEA would be beneficial
and necessary; and
WHEREAS, UEA does not have personnel or economic resources to perform staff
functions without City assistance; and
WHEREAS, the performance of staff support by City employees would directly relate to
carrying out neighborhood, community, redevelopment, and/or economic development plans of
the City.
NOW, THEREFORE, the City and UEA mutually agrees as follows:
1, The City will provide staff support to UEA under the following terms and conditions:
A. Areas of Staff Support to be provided to UEA include but are not necessarily
limited to:
1. Administrative support for all aspects of corporate operation.
2. Applicant processing to include intake, eligibility and claims processing.
3. Property management to include planning, and acquisition and disposition
processing.
4. Accounting and financial reporting functions, including grant applications
and reporting.
5. Provide assistance and counsel to board and committees
Staff Support will be provided for specific or ongoing projects of UEA, where the performance
of staff support duties by City employees, in the opinion and discretion of the Executive Director
of the Community Investment Department, directly relates to carrying out neighborhood,
redevelopment and/ or economic development and/ or community development plans of the City.
2. (a). For the provision of services described in 1., herein above, the City shall be
compensated annually by the UEA in the total annual sum of Forty Thousand Dollars
($40, 000).
reimburse(b). To the extent the UEA does not have on account funds in an amount sufficient to
the City as provided --unpaid balance • and o+ to the City
shall be deemed not to constitute a current
UEA has • a • an • • -e• sufficient
funds• reimburse the City such
The City and UEA mutually acknowledge and agree to fulfill all responsibilities to
which they are ormay subjectunder Title I of _ Housing and Community
Development Act of • i_ 5301 et. seq. as amended),and the conditions
excludedimposed under Title VI of the Civil Rights Act of 1964, as amended providing that mot
person shall, on the grounds of race, age, sex, color, religion or national origin, be
from participation be denied the benefits of, or be • • to
discrimination in the undertakingand carrying out of -w- assisted • •
and the regulations of - -• - of •g . • UrbanDevelopment
effectuating that title.
4. The term of this Agreement shall be from January 1, 2020 to and including December
31, 2020. However, this Agreement can be terminated by written notice by either
party, delivered to the offices of the other party, giving thirty (30) days' written
notice.
5. The City and UEA agree that no staff member shall have the authority to bind or
commit UEA unless so authorized by resolution of the UEA board of directors or
executive committee, provided that nothing in this section prohibits staff members
from ! on preliminary n-.• -n such negotiations hav- been
generally • -• by board or •,
IN WITNESS WHEREOF, UEA and the City have executed this Agreement as of the
date first above written.
URBAN ENTERPRISE ASSOCIATION
OF SOUTH BEND, INC.
Ile L
........ .......... ..._._ r.....
Karen L. White,.Chair
Date: q—)I—j 9
CITY OF SOUTH BEND BOARD
OF PUBLIC WORKS
By:
--------
Gary A. Gilot, President
By:_..............m...... _- _.,
tic c -V�e E
Bv: - J - .A
in
ME
Attest:
Date:
ember
O'Sullivan, Member
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Linda M. Martin, Clerk
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 .... ............. _ l )
Y ) 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 [ran 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 day of ' F L , ?o k,
NOr0.AY
1 County
.,
MY �im EXOMS
$0tem? r23w ''
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Contractor/Bidder (Firm)
SignatureIT of Contractor/Bidder
or Its Agent
Printed Name and Title .-mmIT WWWWWWW__
Subscribed and sworn to before me this clay Mmm y
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My Commission 1..°pires s" f ft _,29 J� �....._
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Count of Residence - ' � .._
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
11/05/19
WNW
Department DCI
BPW Date 11/12/19 Phone Extension 6209
1i:%/�',YYrtFhrYh2M MN MWu90U' III�IN M�XNI4'dwHIWA.'JPmIC aeP,m»z.,v: Rum flAlrMl�fl�M YJA'. Npl�'N PoiJ@ia'1�.1 + +/i/i/iw�vivH,�
Required Prior to Submittal ........_ �m.....� __..�.� _._.._.....�y�.
m mittal to Board
BPW Attorney ® Attorney Name Clara Daniels
Dept. Attorney ® Attorney Name Sandra Kenned
Purchasing ® Michael Schmidt �
Check the Appropriate Item Type - 1
El Professional Services Agreement Z Contract
El Open Market Contract El Amendment/Addendum
❑ Bid Opening ❑ Bid Award
Fj Quote Opening ❑ Quote Award
Proposal Opening E.] C/O & PCA No.
❑ Chg. Order, No. ❑ Traffic Control
�' Other:
Information
Ammmmmm Su bmissions
L J Proposal
❑ Special Purchase, QPA
EJ Req. to Advertise
E] Reject Bids/Quotes
PCA
Resolution
❑ Ease./Encroach
❑ Title Sheel
Company or Vendor Name
EnteipriseAssociation� of South Bend, Inc.
New Vendor
If Yes, Aww_
0 ❑ ppcowed by Purchasing
® No
MBE/WBE Contractor
❑ ❑
MBE Completed E-Verify Form Attached ❑ Nos
Project Name
Staff Services
Project Number
,.. �.. m.............rw
N_ �... � .. ........ .... ...�.....�r_
/A
Funding Source
UEA Funds paid to City
Account No.
N/A
Amount
$40,00...
0.00
Terms of Contract
I/l/2020-12/3� .... .. ��
/2020
Purpose/Description
_Payment to City for DCI staff work related to U programs
For Chan e Orders 0111
Amount of Increase $
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Previous Amount $
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Completion Date:
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%
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