HomeMy WebLinkAboutAgreement – Funding to Support Programs and Services for NNRO - Northeast Neighborhood Revitalization OrganizationSERTICES WITH
NORTHEAST NEIGHBORHOOD
REVITALIZATION ORGANIZATION, INC.
(PROGRAMS AND SERVICES)
THIS AG REEMENT (the or th is "Agreement") is made effective thej5__* day
o f Lj &Sy 2020, by and between the CITY OF SOUTH BEND,
Indiana, acting by arid through its Board of Public Works (collectively the "City") and
NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION, INC.
(the "Organ
WHEREAS, the City finds that the area commonly described as the Northea
Neighborhood and depicted at AP]j�.,n IJ,x_J, (the "Neighborhood") is a neighborho
consisting of a significant number of low arid moderate incorrie individuals arid famili
and is at risk of developing the conditions set forth at Indiaiia Code § 36-7-1-3 witho
additional services being provided in the Neighborhood; arid
WHEREAS, the Organization is an Indiana non-profit corporation, with the
purpose of the social, physical and economic revitalization of the Northeast Neighborhood
in South Bend, Indiana; and
WHEREAS, the Organization has represented that it is a duty existing non-profit
corporation under Indiana law and exempt from federal income taxation Linder Section
50 1 (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 -exemption
Letter issued by the Internal Revenue Service, respectively attached as A V�qdjx,jt and
Apt?, j�jj\ III; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, including residents of the Neighborhood, which
services and programs are more particularly described at 1:'Nhibit A (collectively, the
"Program"); and
WHEREAS, the Organization is duty qualified to provide for, oversee and
administer the Program; and
WHEREAS, the City has appropriated funds for the Program in the amount of
Sc°Wnty live Thousiinrl and 00/100 Dollars ($75,000.00) (die "Contract Aonli tmi") zis
acquired by Indiana Code § 5-22-17 3 and the Contract Amount clues not exceed such
appropriation; and
WHEREAS, the City believes that the actions contemplated by this Agreement are
in thc. bes, intcre,,',s ol.file Iwalth, safety uiid vvelfai,: ofthe city a' -id its icsldcats aixl that
such actions comply with the public purposes and applicable provisions of state and local
la\,w.
NOW THEREFORE, for and in consideration of the nlydual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
;otrh act Anw inI an(I l NrO7, The Organization shall provide the programs
and services set forth at I xliwl� it (the "Program") on behalf of the City, for the Contract
..._
Amount for the period commencing January 1, 2020 and ending December 31, 2020. The
approved schedule for the Program is set forth at l N hillit 11, The Organization shall submit
quarterly reports to the Contract Administrator on March 31, June 30, September 30 and
December 31 showing the progress of the Program.
2. " °try �tti ..,J',teiC,gca,l rir�,ar i°rda kt..��t Pirr r tca�thm. The approved Program Budget
is set forth at N xhibit C hereto (the "Budget"), which exhibit is hereby incorporated herein
by reference. The Organization shall not seek fi-orn the City more than the Contract
Amount for any expenses related to the Project or otherwise. The Organization shall only
use the Contract Amount to implement the Project or provide the services in coil fornnancc
with the Budget and for no other purpose.
3. ('e�rrrirr�ra��tci�i /sir P� of eai,t. All payments shall be made quarterly (on or
approximately near March 31, June 30, September 30 and Deeeinber 31) for expenses
incurred during that quarter provided that the Organization provides an invoice and
sufficient evidence to the Contract Administrator (as defined herein) for such expenses
(including amounts allocated to staff time and expenses) including, but not limited to, a
budget expenditure report summarizing disbursements and expenditures of the Contract
Amount by the line items set forth in the Program Budget. The quarterly payments shall
be paid in equal amounts unless the Contract Administrator determines that the
Organization is materially failing to complete the Program in accordance vvith the Program
Schedule, in which case the City shall on[), be obligated to pay the applicable portion of
the Contract Amount substantiated by reliable evidence submitted by the Organization,
With any invoice for services required for payment hereunder, the Organization shall
submit a report to the Contract Administrator showing the progress of the Program. The
report shall provide an overview of the work of the Organization in progress and/or
completed in the Neighborhood including, but not limited to, the Program as outlined in
Exhibit A during tine Program Schedule (Exhibit B).
4. �, _ul l'�Irl�l��rw°�,aotirm rl,� l'� r,k•tfm. To the extent not set forth in
lac:..:-li ri ia.
Exhibit A, Exhibit B and [exhibit C, the Organization shall be solely responsible for the
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design and implementation of the Program, unless specifically directed otherwise by the
City, the City's Internal Auditor (as defined herein), or the Director of Neighborhood
Engagement or any person appointed by said 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 laws.
The Organization shall use the Contract Amount only for activities related to the Program.
The Organlzation Shall iUrthcr doer Into a written ogreemcr,, dog iimenting the
disbursement of funds attributable to the Contract Amount.
J. 1i rtrtwttt,6011- r 1 y �1 �V teat►1R 11" the City Controller makes a written
determination that funds are not appropriated or are otherwise unavailable to support tine
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or are otherwise unavailable to support the
continuation of performance shall be filial 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. Rc���re(flv_,Y_jy„Ci'q("Ich__(,)J�('og1111iyT1, 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 tine 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. wr�_ ,�Ic c a .� ,to t"i'c ci e].. The Organization shall keep
a itten record, in a Form acceptable to the City, related to the use and expenditure of the
Contract Amount. Within thirty (30) clays 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) ),cars of the date of this Agreement. The Organization understands and
agrees to comply Nvith the legal requirements of Indiana Code S 5-14-3-1 el sect.
(commonly known as Indiana's Access to Public Records Act), if applicable, with respect
to all documentation related to tine Contract Amount.
8. 11110il Pt"taggiicrareals. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, 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
tine Program in accordance with the provisions of this Agreement. If requested by the City
or the Contract Administrator, the Organization shall provide (lie City a progress report on
the Program, If requested by the City or the City's Internal Auditor. the Organization shall
3
\1
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 Accounts
standards. The City's Internal Auditor shall clean the City Controller or Acting City
Controller appointed pursuant to Indiana Code S 36-4--9-6 (the "City Controller") or any
person appointed or retained by the City Controller or the City for the purpose of auditing
the vrgamzation for this AgiCerllcut or other agreements Oi the City,
9. C( gffiovj, Irr�am�� «d�� The Organization hereby certifies and agrees that no
member, officer, or employee of the City, or its designees or agents, and no member of tile
governing body Of the City Of SOLrth Bend or the Organization (and Ito 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. Rc^Bartrrwa,r�,�°h . 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.
"['his Agreement is strictly for the bcncfrt 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 after the opportunity to consult with independent legal
caunsel. Neither party shall maintain that the language in the Agreement shall be construed
against any signatory hereto. Tile City and the Organization hereby renounce the existence
of any form of agency relationship, joint venture or partnership between the Organization
and the City and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as creating any such relationship between the City
and the Organization.
11. N-oll is rn;t; 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.
Qrg r„I;frra$twdtlr
:..•
Marco Mariam
Northeast Neighborhood
Revitalization Organization, Inc,
c/o South Bend Heritage Foundation
803 Lincolnway West
South Bend, IN 46616
City
Pamela C. Meyer
Department of Community Investment
City of South Bend, Indiana
227 W. Jefferson Boulevard. Suite 1400S
South Bend, IN 46601
4
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
BOARD Oa PUBLIC WORKS
Date: 2020
;A
A
Therese J. Dorau
jm'ci 411-1-
............ .
1, M, Martin
NORTHEAST NEIGHBORHOOD
RMT ALIZAT ION ORGANIZATION,
INC.
Date: 2020
. . . . ............
,
Panted %apne and hih?
12. 1;cra�r.tlal�,�ri�rtt;, The Organization shall comply with federal, state and
local laws in its hiring and employment practices and policies for any activity covered by
this Agreement.
13, l rrti e lgrcglrt�!ttt rrit�l...,li.sc,r�4-.hi.i i,tl. This Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and
merges and oiipersedes all prloi- discussions, agrcemeiits, and utldc:standing of any aiid
every nature between them. This Agreement may be amended only by separate writing,
approved by both the Organization and the City.
14. hl"<,frt,ttv,Iqrl ,R y,e,s.t°wali(P)SThe 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, ' ni CollirsioRt mr amse.l �lr °t°la�trrt fit, The Organization hereby represents and
certifies that it may enter into this agreement under Indiana Code § 5-22-16.5-8 and, to the
extent applicable, has executed and tiled with the City a "CONTRACTOR'S NON -
COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION
REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIM[NATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR
FOUNDRY PRODUCTS", the form of which is attached hereto and incorporated herein
as Aj1 j) Irclir LV prior to the City's approval of this Agreement.
(remainder af'page inlenlionaI4) left blank)
. . ..........
Program Description
The Organization shall preserve and revitalize the northeast neighborhood by
providing the following services and programs:
I Develop and execute an annual development plan for encouraging private
sector investment.
2. Evaluate existing infrastructure in the neighborhood with neighborhood input
and provide a recommendation to the City for requested infrastructure
improvements, including improvements to Eddy St. (between Campeau and
Colfax).
Design, develop and implement the following activities or programs provided
that the Organization implements such activities in a manner that is acceptable
to the Contract Administrator,
• General Operations
• Eddy Street Commons Partnership
• Triangle Residential Development
• St. Joseph High School area planning
• University coordination and partnerships
• Support of market -rate housing development
• Support of low -moderate income housing development
Upon the written request of the City, participate in miscellaneous City
initiated revitalization projects or programs, including acting as an acquisition
agent to secure options for the City for properties in or near the Neighborhood
in accordance with any guidelines provided by the City.
Update the neighborhood plan as needed and implement efforts as requested
by the City.
Provide semi-annual reports to the Department of Community Investment
regarding any upcoming Neighborhood initiatives or events and
recommendations on how the Department could coordinate its efforts with the
upcoming initiatives or events.
Promote activities within Northeast Neighborhood sponsored or encouraged
by the City, including but not limited to the Northeast Neighborhood Council
efforts, through the best medium, whether print, electronic media, signage or
otherwise.
Ak"-
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Program Schedule
The Organization shall preserve and revitalize the northeast neighborhood by providing the
Program as described in Exhibit A during the period of January 1, 2020 — December 31, 20M
EXHIBIT
Program Budget
Total Cost for Programs and Services $75,000.00
APPENDIX
Depiction of Northeast Neighborhood
NoM�lcmo'� Nc(qhl�orhocd Pcvc�opnicnll- Amzi
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APPENDIX II
Certificate of Existence
{issued v.ithin last 60 days vvideucing that the Organization is in good aiandingj
APPENDIX III
Copy of Federal Tax -Exemption Letter
When the prospective Contractor is unable tocertify *, any oythe statements below, ushall attach onexplanation mthis Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING
INVESTMENT WITH |RAN,EMPLOYMENT ELIGIBILITY VERIFICATION, NDN'03CR|Nl|NATION COMMITMENT
AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
STATE OF
(Must becompleted for all quotes and bids. Please type or print)
)S5:
COUNTY
The undersigned Contractor, being duly sworn upon hb/her/itsoath, affirms under the penalties ufperjury thau
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 no/tu 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 o/persons, firms, or corporation has,
have or will receive directly or indirectly, any rebate, fee, gift, commission orthing ofvalue on account
ofsuch 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
1 Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality ofIran, or as otherwise defined at Ind. Code g 5-22'16.5.5' as amended
from time -to -time.
b. 4aprovided byInd. Code §5-33,1G.5-8,asamended from bme-to-time,aContractor |s
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 orits affiliate, bafinancial 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,
m=, � m�wmwonPeuu""o"/mx*�m""/I, I"��*NO � (;
4, Contractor does not knowingly employ orcontract with an unauthorized alien, nor retain any
employee urcontract 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 mfall ofContractor's
newly hired employees through the E^/erify pm#/am as defined by I.C. 23-5-1.7`3. Contractor's
documentation of enrollment and participation in the E-Verify Program is included and attached as part
ofthis bid/qun»e;and
5. Contractor shall require his/her/its subcontractors performing work under this public contract
tucertify that the subcontractors do not knowingly employ orcontract with an unauthorized alien, nor
retain any employee or contract with a person that the subcontractor subsequently learns is on
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 cum a breach of this provision no later than thirty (30) days after being notified by
the City.
6. Persons, partnerships, corporations, associations, mrjoint venturers awarded m 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 City contract with respect to hire,
tenure, terms, conditions' or privileges mfemployment, 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
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, o/ any
combination of the foregoing including, but not limited to, public works contracts awarded under public
bidding |a«m 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 e VVomen's
Business Enterphse("V8E") as factor in determining the lowest, responsible, responsive bidder,
In nuevent shall persons or entities seeking the award of City contract be required to award a
subcontract to an k4BE/VVB[; however, it may not unlawfully discriminate against said VVBE/K4DE. 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 ornoncompliance 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 o/its agencies, boards wrcommissions.
Contractor agrees not Lodiscriminate against or intimidate any employee urapplicant 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
^w"omm,)nmmI I �m°m°,,^mm~ w^"I I-,)"h*°me
orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material
breach n/contract.
1, 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 (1,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
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 yroducts or foundro !,roducts made in the United States the Cit�o throuAh its director of yublic
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.
| hereby affirm Linder the penalties cfperjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated this day of A�. 20 20
,
Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this- dayof Fc-��L�A(,L�4
K8yCommission Expires
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date .............. 2/5/2020
Department -
Name ..............Pam ale„r DCI
BPW Date 2/25/2020 Phone Extension 5845
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Diversity Compliance
and Inclusion Officer
Review and
Prior to
Officer Name Aladean Dc],Zose,/M. Patton
BPW Attorney `"'
Attorney Name 11arikM
Dept. Attorney
AttorneyName Sa��a�l'u� �� I�a� �t��egal
Purchasing
INfichael Selauunidtl
...R., .....
Check,t t Item �"ypt� -Required t�r° All Submissions
Professional Services Agreement ���� ���
�� � Contract Proposal
EJ Open Market Contract
0 Amendment/Addendum.•.• Special Purchase, QPA
E] Bid Opening
E] Bid Award ❑ Req. to Advertise ❑ Title Sheet
E] Quote Opening
E] Quote Award E] Reject Bids/Quotes
Proposal Opening
E] C/O & PCA No. El PCA
Chg. Order, No.
(❑ Traffic Control Resolution
�' O then:
Ease./Encroach
ect ryrwt wInformation
CompanyorVen or Name
�M�tI���Q
harat�a��,l-�a 1�aw,�I�����N�pp��� 9�,�!�b Pur
� �ta��ai t���aaai�atla�aaa
Yes If Yes Approved y chasing
New Vendor
❑❑ No
MBE/WBE Contractor
MBE WBE Completed E-Verify Form Attached No es
❑❑
Project Name
'a�a vte.�� nds w e
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raamaal atl,�1�°t��..
Project Number
20J007aa� u_�,µ_.... ........ ._. � _m...............a.
Funding Source
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EDIT
Account No.
�..w... -.._ ._ w--•••-
408.1001.39.30�
Amount
75,000,00
Terms of Contract
January ] 2020 Decemlaea 31 2020
Purpose/Description
",sty 1,� I a a, 9 as l aaag to sall hs � t C Gj t t _4ja.w� k In natrdic"I lµli
r lttt al„1a atN oaas rcsidcritial�a�btl coaam-le ci"'ll dev laal wIl' a Nlt;f aar.... t;
with noillic ass
grganzaiton
Amount of
Previous Amount
Increase $
Decrease (;
Increase
Current Percent of Change: Decrease
New Amount $
Total Percent of Change: Increase
OPINION OF PROGRAM ADMINISTRATOR* TIIAT MWBE GOAL SETTING UNDER
SOUTH BEND MUNICIPAL CODE CHAPTER 14.5 IS NOT REQUIRED
Date: X /,1U
Date of Board of Public Works or Other Approving Body (Specify) Meeting:
Project Number:,.
Additional Comments:
I hereby certify that the above project does not require goal setting under the terms of South
Bend's Inclusive Procurement and Contracting Ordinance #10693-19, as codified in Chapter 14.5
Article 2, Section 14.5-3 of the South Bend Municipal Code.
Sigtttttrt
Michael Patton
Program Administrator
*Program Administrator means the person designated by and reporting directly to the Mayor to support the City's
inclusion, diversity, equity, and access goals.
Opinion of Program Administrator Form