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HomeMy WebLinkAboutAgreement - New Construction Pilot Housing Subsidy Program in the Sherman Harrison Area– Urban Enterprise Association of South Bend, Inc.AGREEMENT FOR PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (PILOT HOUSING SUBSIDY PROGRAM NEW RESIDENTIAL CONSTRUCTION TARGET AREA PROGRAM) 2019 THIS AGR EEMENT (this "Agreement") is made effective the 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 environment, aesthetic appeal, and vitality of its neighborhoods will encourage additional investment in the surrounding neighborhoods, and in the City more generally; and WHEREAS, the investment necessary to improve the environment, aesthetic appeal, and vitality of its traditional neighborhoods 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 area listed at + L�endji2:...j (the "Target Area") is vital to the City and its surrounding neighborhoods and that providing for additional investment in this area will serve the 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 a Partnership to construct residential development options commonly described as the New Residential Construction Target Area Program and more particularly described at Exhibit A (the "Program") to serve the neighborhood; 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 4. esie � and �"inpl r ientation c� " �'� �� . To the extent not set forth in Exhibit A Exhibit , and Exhibit C., the Organization shall coordinate work with the City's Department of Community Investment for the design and implementation of the Program, 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. S. 7'6,nr natr'on o A I(• e!aa sr , 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 completion of the Program properly done 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. 6. Reonedies fi)rc r, cContract. 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. Alaiwentinee to "L?ecqtm& Access tv 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), if applicable, with respect to all documentation related to the Contract Amount. 8.—lttclrt lit^gj.ti ertienl . 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 requested related to the receipt and use of the Contract Amount and the Organization's performance in delivering the Program in accordance with the provisions of this Contract. If requested by the City or the Contract Administrator, the Organization shall provide the City a progress report on the Program. If requested by the City or the City Controller, the Organization shall arrange for a financial and compliance audit of the Contract Amount to be conducted by an independent public or 9 every nature between them. This Agreement may be amended only by separate writing, approved by both the Organization and the City. 14. Additional Represe),rtations. 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. 15. 1von Collusi !Id J( el qne . 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. (Remainder of page intentionally left blank) EXHIBIT A Program Description The Organization shall provide the following: New Residential Construction Program — Assist with the process to identify partner(s) to build housing in the Sherman/Harrison Target Area. The program goal is to promote the development of new residential units that enhance the appearance, value, and character of the target area and surrounding neighborhood. The process shall require the Organization to identify partners that could be either a private or non-profit developer. The Organization will coordinate the design and implementation with the City, to include the review and approval process. The requirements will include: A total of $550,000 to be available for awards to one or more successful proposals. A maximum of one award per applicant. A submission of proforma(s) specifying amount and ratio of private investment. Building(s) are to be consistent with character of surrounding neighborhood. Projects that create a significant visual improvement to the Target Area and neighborhood and are consistent with the Near Northwest Neighborhood Plan. To be eligible, the applicant must have a financial process in place and submit their most recent audit or financial statements No funds may be disbursed for an award unless pursuant to a written contract which provides for default conditions consistent with the requirements and clearly establishes remedies for instances of default. To be eligible, an applicant must agree to hold the Urban Enterprise Association of South Bend, Inc. and 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. Sales proceeds must be used in future housing development in a to be determined area approved by the City. EXHIBIT C Program Budget Funds Available for New Residential Construction in Target Area $550,000.00 Appendix 1 a California Rex APPENDIX II Record Proof that Organization is Active and Current with its Business Entity Report Filings with the Indiana Secretary of State 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 O F rn "a�) ) 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 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 _ day of DCOL20 LORY L TINNIER 4DA; St Joseplh Couftty *, My Commission xplr prnr3,202 Contrac or Bidder (Firm) ­41 11" SigPiature of Contractopr/Bidder or Its `Agent Printed Name and Title Subscribed and sworn to before me this day of , 2I My Commission Expires No ar Public I County of Residence, Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 0 1/11/2019 12:49 PM BUSINESS ID 198403-411 BUSINESS TYPE Domestic Nonprofit Corporation BUSINESS NAME URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND INC ENTITY CREATION DATE 03/12/1984 JURISDICTION OF FORMATION Indiana PRINCIPAL OFFICE ADDRESS 227 W. JEFFERSON BLVD., SUITE 1200 S., SOUTH BEND, IN, 46601, USA YEARS 2019/2020 EFFECTIVE DATE 01/11/2019 EFFECTIVE TIME 10:39 AM REGISTERED AGENT TYPE Individual NAME PAMELA C. MEYER, EXECUTIVE DIRECTOR ADDRESS UEA OF SOUTH BEND INC., 227 W. JEFFERSON BLVD. SUITE 1400 S, SOUTH BEND, IN, 46601 - 0000, USA SERVICE OF PROCESS EMAIL pmeyer@southbendin.gov I acknowledge that the Service of Process email provided above is the email address at which electronic service of process may be accepted and is publicly viewable. INEWMEMEN" NEEMEMERMSEEMSEM TITLE Chairman FAUJUR 1912 MALVERN WAY, SOUTH BEND, IN, 46614, USA APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 0 1 / 11/2019 12:49 PM IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE STATEMENTS CONTAINED HEREIN ARE TRUE, THIS DAY January It, 2019. SIGNATURE Pamela C> meyer TITLE Registered Agent Business ID: 198403-411 Filing No.: 8146738 APPENDIX III Copy of Federal Tax -Exemption Letter Internal Revenue SeMc Urban Enterprise Association cation of ,South. Bend, Inc. 1200 county --City Building South Bend, Indiana 40501 Department of thy' reasury MA ,tl Mr.,. Employer Identification Number: 31-1118740 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 recogn:.tion of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code (the Code) as an organization described in section 0IZ. We have 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 method of operation change, please let your key district know so that office can consider the effect of the change on your exempt status and foundation status. In the case of an amended document or bylaws, please send a copy of the amended document 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 the - Federal Insurance Contributions act (social security taxes) on remuneration of 100 or more youpa,`_ t 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. f - a•,x -, r.. o _.,. f e y re ,,`j° „d /P .,-y� d „ """ r �^n �''`," l -V r. y p 4 Urban Enterprise Association of South Bend, Inc. Donors may deduct contributions to you as provided in section 170 of the Code, Berpuests, legacies, devises, transfers, or gifts to y�)u or for yo,ur: use are deductible for federal estate and gift tax purposp-s,'if they meet the applj�:,,Lje pt-ovisions of sections 2055, 2106, and 2522 of the Code, Donors (including private foundations) may rely on this rUlAng unless the Internal Revenue Service publishes notice trr the contrary,,, However, if you lose your 5o9(a) status as shown above, donors (other than private foundations) May not rely i:)n the classification shown above if they were in part responsible for, or were aware of, the act that resulted in your loss of such status, or they d(,quired knowlcdge that f-,hP, Internal Revenue Service had given notice that you would be removed from that cla_ss- Eication. Private fou,ndations may rely on the classification _" J L as long as you were not directly or indirectly controlled by them or by disqualified persons with respect to them. 1-fowever, private foundations may not rely on the classification shown above if they acquired knowledge that the Interna]. Revenue Service had given notice that you would be removed from that classification. If your organization conducts fund-raising events such as benefit dinners, auctions, membership drives, etc. , where something is -rer-eived in return for contributions, you can help your donors avoid difficulties with their income tax returns by assisting them in determining the proper tax treatment of their contributions. To do this you should, in advance of the event, determine the fair market value of the benefit received and state it in your fund-raising materials such as solicitations, tickets, and receipts in such a way that your donors can determine how much is deductible and how much is not. ro assist you in this, the ) F a � �Ma I Service has issued Publication 1391, DeqLuctij� P Nl'ts Made - u in obtain .a , dug purj�L-R4_q. _Events. Yo ay copies of Publication 1391 from your key 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 $25,000. If your gross receipts each year are not normally more than $25,000, we ask that you establish that you are not required to file Form 990 by completing Part I of that Form Eor your first year. rhereafter, 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 must be filed by the 15th day of the fifth month after the end of your annual accounting period., A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for 1, M-'.ban 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 inspectionthree also required to make available a copy of your exemption supportingapplication, and . theseFailure to make documents available for public inspection may subjecto day Servicefailure to comply (up to a maximum of $5,000 in the case of an annual return) . See Internal Revenue 454, for additional You are not required to you are subject to the tax section 511 of the Code.. If file an income tax return Business Income Tax Return. whether any of your present trade or business as defined file federal income tax returns unless on unrelated business income under you are subject to this tax, you must on Form 990-T, Exempt Organization In this letter we are not determining or proposed activities are unrelated 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 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 12/05/19 Name Pam Meyer ............................m.....�.n�_...�.......................... Department DCI BPW Date 12/19/19 Phone Extension 5845 '!��/��=s ^^ '��x�'x' � � IIWXPWW"JiVItlIBItlIrtI�Ti IRf�IRfItIflMI 'P ���«��"'✓?1f!¢;','¢;','¢;','¢;','iFA4SrvPyM P91NI����MR�81diMdN�MIM�IflIINIIIIMIIMIMIMIMIMIMIMIY�M.'MY�mMNAii-m..,,,,,;H�VIM&9d4ifMW'�'�v Nb„M91V'ib�M�hYHN _ _' 'ury9# IC tfir .d Prior to Submittal to ._ ..._�" n .. Board.: �m�...�.. BPW Attorney ® Attorney Name Clara Daniels Dept. Attorney H Attorney Name Purchasing ® Michael Schmidt Sandra Kennedy [❑p aServices Agreement Contract .�� — gr -�����- ������� Professionalnal S Open M Contract E] Amendment/Addendum EJ Bid Opening [:] Bid Award EJ Quote Opening Quote Award E] Proposal Opening ❑ C/O & PCA No. ❑] Chg. Order, No. Ej Traffic Control F-1 Other: mpggjrcd Information Pbmassaons.:. roposa......wm..m_.........� .... El Special Purchase, QPA El Req. to Advertise ❑ Title Sheei Reject Bids/Quotes ❑ PCA E] Resolution IR Ease./Encroach Companyor Vendor Name 1 of South Bead Inc. New Vendor Yes If Yes, , Approved by Purchasing ® No MBE/WBE Contractor MBE ❑ WBE Completed E-Verify Form Attached ❑ Nos Project Name New Construction Pilot Housing Subsidy Program Project Number 19JO15 Funding Source EDIT Account No. ........ .. ............ ... - ... ........ .............. 408.1001 460.39 30 Amount $550,000.00 Terms of Contract December 19, 2019-December 31 2021 Purpose/Description Develop and manage process with DCI to result in new housing constructic in Sherman Harrison Target Area �... _� For Cham Orders Only Amount of Increase � _ ,.... -- ❑ Decrease ($ ) Previous Amount $ Current Percent of Change New Amount El Increase % Decrease ( % Increase % Total Percent of Change: Decrease C. % Time Extension Amount: New Completion Date: