HomeMy WebLinkAboutAmended and Restated Agreement – Additional Funding for Neighborhood Corridors Matching Grant Program - Urban Enterprise Association of South Bend, Inc.AMENDED AND RESTATED AGREEMENT FOR PROGRAMS AND
SERVICES WITH
URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC.
(NEIGHBORHOOD CORRIDORS MATCHING GRANT PROGRAM)
THIS AMENDED AND RESTATED AGREEMENT FOR PROGRAMS
AND SERVICES
202t05 b his `and be weeen)thesmade effective the day of
CITY OF SOUTH BEND,y , INDIANA, a
municipal ca rp�oration 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 and the Organization entered into an agreement entitled
"Agreement For Programs And Services With Urban Enterprise Association of South
Bend, Inc. (Fagade Matching Grant Program) (Lincolnway West and Western Avenue)"
dated December 9, 2014, and amended by addenda dated August 11, 2015; November 10,
2015; December 22, 2015; November 22, 2016; February 28, 2017; November 14, 2017;
June 12, 2018; and February 26, 2019, providing for a matching grant program for
Lincolnway West and Western Avenue (collectively, the "Lincolnway West and Western
Avenue Agreement"); and
WHEREAS, the City and the Organization also entered into an agreement entitled
"Agreement For Programs And Services With Urban Enterprise Association of South
Bend, Inc. (Fagade Matching Grant Program) (Mishawaka Avenue and Miami Street)"
dated February 27, 2018, and amended by an addendum dated March 12, 2019, providing
for a matching grant program for Linden Avenue, Miami Street, Mishawaka Avenue and
Portage Avenue/Elwood Avenue (collectively, the "Mishawaka Avenue and Miami Street
Agreement"); and
WHEREAS, the Parties desire to combine, amend, and restate the Lincolnway
West and Western Avenue Agreement and the Mishawaka Avenue and Miami Street
Agreement; and
WHEREAS, the City finds that Lincolnway West, Linden Avenue, Miami Street,
Michigan Street, Mishawaka Avenue, Portage Avenue, and Western Avenue (the
"Corridors") are important corridors in South Bend and act as traditional neighborhood
centers, and the City believes that improving the aesthetic appeal of these streets will
encourage additional investment not only along them but also in their surrounding
neighborhoods and in the City generally; and
WHEREAS, the investment necessary to improve the aesthetic appeal of the
Corridors to prevent or eliminate blighted conditions likely would not occur through
regulatory processes or the ordinary operations of private enterprise without public
involvement; and
WHEREAS, the City finds that the Corridors, more particularly described at
pwgllji;x-1 are vital to the City and its neighborhoods and that providing for additional
investment in the Corridors will serve the Corridors, their surrounding neighborhoods, and
the residents of the City; and
WHEREAS, in light of the foregoing, the City desires to provide for the
continuation, development, and administration of certain services and programs,
commonly described as the Neighborhood Corridors Matching Grant Program and more
particularly described at exhibits A and A-1 (the "Program") to serve the Corridors; 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 copy of its most recent status filing with the Indiana
Secretary of State and the copy of its Tax Exempt Determination Letter issued by the
Internal Revenue Service, respectively attached as Appqndix 11 and Appendix III; 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 Fifty Thousand and 00/100 Dollars ($250,000.00), in
addition to funds granted to grantees but not yet disbursed pursuant to the terms of the
Lincolnway West and Western Avenue Agreement or the Mishawaka Avenue and Miami
Street Agreement (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.
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
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1. Contract Amount and Term. The Organization shall provide the programs
and services set forth at Exhibit A and pursuant to the guidelines attached as Exhibit A-1
on behalf of the City, for the Contract Amount for the period commencing January 1, 2020,
and ending March 31, 2021. 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 investment in the Corridor, and the project grant
agreement date.
2. l-rygreim Buy& tend The approved Program Budget
is set forth at Exhibit C (the "Budget"). 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 " r 11rogrant. 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. For clarity, any funds remaining unencumbered
pursuant to the Lincolnway West and Western Avenue Agreement or the Mishawaka
Avenue and Miami Street Agreement may be expended pursuant to the terms of this
Agreement. Further, funds granted but not yet disbursed pursuant to the Lincolnway West
and Western Avenue Agreement or the Mishawaka Avenue and Miami Street Agreement
shall be paid in accordance with the terms of those agreements.
4. Des 'g ernr rr rtc rrrc ntert1on cr I r c r carry:. To the extent not set forth in
Exhib t..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
City, the City Controller, the Executive Director of the Department of Community
Investment 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.
S. l eyrrrrrnat'`rear j..... If the City Controller makes a written
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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
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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. Remedies ,fir Breach ... o 'Cqwr acl, 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. Ma nten tra c� rr 'Recur( 11cce ,� o 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 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 of 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. uc(ttww 4,,,c rar �xrrre�rts. 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
certified public accountant (or as applicable, the Indiana State Board of Accounts) and in
accordance with applicable Indiana State Board of Account standards.
9. Conicts cr �"rate�r' � =.`eft. 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. Re 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
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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 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. Notyes. 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.
City:
Executive Director
Dept. of Community Investment
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601-1830
rggn za�:
Karen White
Urban Enterprise Association
of South Bend, Inc.
227 W. Jefferson Blvd., Suite 14005
South Bend, IN 46601-1830
12. l r tcrl t 111 rr tyjgx . 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. Additionally, the Organization shall comply with all federal, state, and
municipal laws, regulations, and standards applicable to its activities pursuant to this
Agreement, including, but not limited to, the requirements imposed by Indiana Code §22-
9-1-10 (non-discrimination), the provisions of Indiana Code §5-22-16.5 (disqualification
for dealings with the government of Iran), and the provisions of Indiana Code §22-5-1.7
(requiring E-Verify for new employees and prohibiting the employment of unauthorized
aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and
the Organization certifies that it is in compliance with each such provision and shall remain
in compliance through the term of this Agreement.
13. Recitals, Exhibits, and Appendices. The Recitals at the beginning of this
Agreement, as well as the attached Exhibits and Appendices, are integral to and by this
reference are fully incorporated into this Agreement.
14. Entire A&gc,:+ l...and Ainendnrent. 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.
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1 S. �'�ddil oval Ra pw esentcations. 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.
16. "'on -Collusion and lieceptance. 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)
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. Gi of Presid
ent Signature
Therese J. Dorau, Member
eph R. Molnar, Member
Attest:
41.,nda,Martin, Clerk
Printed Name and Title
EXHIBIT A
Program Description
The Organization shall provide the following services and programs:
Matching Grant Program — Establish and/or administer a program
designed to encourage private investment by commercial, industrial, residential,
and mixed use property owners or lessees on the Corridors. Commercial property
includes property used primarily for for -profit, nonprofit, or religious activities.
The program goal is to promote exterior improvements that enhance the
appearance, value, and character of the property. The program is not intended to
support deferred maintenance. 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 address per year.
(2) A matching public investment not to exceed fifty percent (50%) of
the total project cost. The maximum grant shall not exceed thirty
thousand dollars ($30,000). In certain cases, it may be beneficial
to the program and provide overall value to the City to increase the
matching public investment; such cases shall be determined only
after consultation with and a written confirmation from the
Executive Director of the Department of Community Investment or
his or her designee.
(3) Any funds granted pursuant to the Lincolnway West and Western
Avenue Agreement or the Mishawaka Avenue and Miami Street
Agreement in accordance with their terms shall be paid in
accordance with such terms.
(4) Any program funds remaining but not yet committed pursuant to
the Lincolnway West and Western Avenue Agreement or the
Mishawaka Avenue and Miami Street Agreement may be awarded
pursuant to the terms of this Agreement.
(5) Projects that create a noticeable visual improvement to the
Corridors and are consistent with the revitalization plan for the
Corridors approved by the Contract Administrator.
(6) To be eligible, the subject property must be current on property
taxes.
(7) 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 for work on their
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.
(8) 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.
(9) Specific program guidelines, which clearly establish the grant
process, have been established and are attached hereto as Exhibit
A-1. The Parties agree to operate in accordance with the
guidelines.
(10) No funds may be disbursed for a grant unless pursuant to a written
contract which provided for default conditions consistent with the
program guidelines and clearly establishes remedies for instances
of default.
(11) 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.
(12) The Organization may pay grant funds to a third -party lender upon
written authorization from the grantee.
Under the program, the following shall be ineligible improvements for grant
funding:
(1) Improvements in progress or completed prior to the grant award
(2) Interior improvements not associated with exterior work
(3) Removal or enclosure of architecturally important features
(4) Window or door bars or security gates
(5) Demolition of structures
(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 architectural firms to advise applicants on
project design at no cost to the applicant. For clarity, any agreements engaging
architectural firms shall be entered into between the architectural firm and the
Organization, not the City.
EXHIBIT A-1
Program Guidelines
(attached)
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2020 Program Guidelines
The Matching Grant Program
In partnership with the City of South Bend, the Urban Enterprise Association (UEA) is pleased
to offer the Neighborhood Corridors Matching Grant Program to provide funding for
qualifying exterior improvements to commercial, mixed use, and industrial buildings located
on eligible blocks of Lincolnway West, Linden Avenue, Miami Street, Michigan Street,
Mishawaka Avenue, Portage Avenue, and Western Avenue. The program will assist in
funding well -designed projects that make a noticeable visual improvement to the street and
are consistent with the goals of neighborhood and corridor plans, when present.
Purpose
The intent of the Neighborhood Corridors Matching Grant Program is to
• enhance the appearance, value, and character of corridor properties,
• encourage investment by business and property owners along the corridors,
• generate additional sales for corridor businesses, and
• promote a walkable urban development pattern.
The program is not intended to support deferred maintenance.
Grant Terms
Grant Share (of total project cost)
Maximum Grant Amount
Minimum Grant Amount
Minimum Private Investment
50%
$30,000 (50% of a $60,000+ project)
$1,500 (50% of a $3,000 project)
$1,000
The grant is structured as a reimbursement program; you must complete the project and
contribute your private match before grant funds are issued to you.
Architectural Services
Basic architectural services, such as conceptual drawings and recommendations on
materials, are provided free of charge to applicants as part of this program. Architectural
services will be provided following submission of the pre -application. If you require complete
architectural services, such as full construction sets, you should hire your own architect. If
you choose your own architect, the program architect will review your proposed project for
consistency with these program guidelines.
Eligibility
To be eligible for a matching grant, the property must have frontage on the street and be
within the following boundaries:
• Lincolnway West: between LaSalle Avenue and west city limits (near Maplewood Ave.)
• Linden Avenue: between Walnut Street and Olive Street
• Miami Street: between Lincolnway East and Altgeld Street
• Michigan Street: between Bronson Street and Donmoyer Avenue
• Mishawaka Avenue: between Eddy Street and Logan Street
• Portage Avenue: between Diamond Avenue/Angela Boulevard and Kinyon Street,
plus Elwood Avenue from Portage Avenue to Wilber Street
• Western Avenue: between William Street and west city limits (near Mayflower Road)
The improvements should be visible from the street. A business use must be present on the
property or be established within six months of final grant payment. Property taxes must be
current. The property must not be listed for sale.
Projects may be comprised of one eligible item or any combination of eligible items.
Projects Eligible for Grant Funding
• Restoration of fapade to original or comparable appearance
• Restoration of architectural features
• Brick or masonry, including cleaning and tuck pointing
• Painting or other appropriate fapade treatments of exterior surfaces
• Windows or doors, using clear glass
• Awnings and canopies (fabric or metal)
• Signs (building or monument)
• Murals and public art
• Decorative lighting (dark sky compliant) that highlights the front of the building
• Landscaping
• Decorative fencing (wrought iron or decorative aluminum with 4' maximum height)
• Curb and sidewalk
• Bike racks and outdoor tables, chairs, benches, and areas for commercial purposes
Projects Not Eligible for Grant Funding
• Interior improvements or improvements to single -use residential buildings
• Improvements not visible from the street
• Regular and deferred maintenance items
• Removal or enclosure of architecturally important features
• Roof replacement or repairs, except when serving as an architectural element
• HVAC systems
• Freestanding signs, except monument signs
• Parking lot paving
• Chain link fencing
• Security systems, window or door bars, security gates, and driveway gates
• Demolition of structures
• Environmental consulting, hazardous material testing services, or abatement costs
• Property acquisition
Improvements in progress or completed prior to grant approval
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Grant Process
1. Review the Neighborhood Corridors Matching Grant Program Guidelines.
2. Submit the matching grant pre -application form. Pre -applications may be submitted
at any time, but they will not be accepted after September 8, 2020. The UEA will
review the pre -application to verify qualification.
3. Meet with the UEA and the program architect at the project site to discuss the
proposed improvements. The program architect will assist you with design concepts.
The UEA will then provide you with an application form.
4. Using the design concepts, contact at least two (2) licensed contractors to obtain
detailed written estimates for your project. You must call the Building Department at
(574) 235-9554 to verify that your contractors are licensed. Estimates should be
provided by local contractors when possible. At least two itemized estimates for an
identical scope of work for each project component are required with the application.
All labor, sales taxes, and permit fees should be included in the estimates. When
appropriate, provide color and material samples with the application.
5..
Submit the application. Applications will be awarded on a first -come, first -served
basis. Applications may be submitted at any time, but will not be accepted after
September 28, 2020. A completed application must include the following:
Completed application form;
At least two (2) estimates from licensed contractors that detail scope of work
with itemized prices. Estimates should include all labor, sales taxes, and
permit fees; and
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➢ Color and material samples for the work to be performed (when applicable).
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6.
The UEA will review applications for completeness and scope of work and then will
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approve or reject the application. You will receive notice of this decision. Any grant
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award will be determined based on the cost of the lower of the two estimates.
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7.
If your application is accepted by the UEA, sign the grant agreement. Grant payment
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will not be made if work begins prior to the grant agreement signing.
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8,
Provide the UEA with a copy of any required building or sign permits prior to
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beginning the project.
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9.
Complete your project as approved. Projects must be completed within 120 days of
approval; extensions can be granted under special circumstances.
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Notify the UEA when your project is completed. Provide your grant payment request
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with proof of private investment, such as paid invoices or receipts, to the UEA.
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Payment will not be distributed until proof of your private investment is submitted
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and the project is completed as determined and approved by the UEA. The grant
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check will be made payable to you. You are responsible for providing full payment to
your contractor(s). Payment processing may take 2-4 weeks following final project
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acceptance.
Grant Process at a Glance
Additional Information
All work on approved projects is subject to City building and zoning codes and must
follow all permit and inspection procedures as outlined by the City of South Bend
Building Department.
• Grantee is responsible for all project costs until the project is completed as approved
and the grant payment is made.
A maximum of one grant may be received per address per year.
The UEA reserves the right to reject any and all applications up to the time of the
grant agreement signing. The specific program guidelines detailed herein are subject
to revision or amendment by the UEA in consultation with the City of South Bend.
Subject to the availability of funding, this program may be discontinued at any time.
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EXHIBIT B
Program Schedule
1, Continue the Program consistent with this Agreement during the
Contract Term.
2. 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 Facade Matching Grant Disbursements and Fees for Architecture
Consulting Services: $250,000.00, in addition to any uncommitted program funds and
any outstanding grants awarded but not disbursed to grantees pursuant to the terms of the
Lincolnway West and Western Avenue Agreement or the Mishawaka Avenue and Miami
Street Agreement.
APPENDIX I
Corridors
To be eligible for a matching grant, the property must have frontage on the street within
the following boundaries:
• Lincolnway West: between LaSalle Avenue and west city limits (near
Maplewood Ave.)
• Linden Avenue: between Walnut Street and Olive Street
• Miami Street: between Lincolnway East and Altgeld Street
• Michigan Street: between Bronson Street and Donmoyer Avenue
• Mishawaka Avenue: between Eddy Street and Logan Street
• Portage Avenue: between Diamond Avenue/Angela Boulevard and Kinyon
Street, plus Elwood Avenue from Portage Avenue to Wilber Street
• Western Avenue: between William Street and west city limits (near Mayflower
Road)
APPENDIX II
Most Recent Status Filing of Organization
Entity Type: Domestic Nonprofit Corporation Business Status: Active
Creation Date: 03/12/1984
Inactive Date:
Principal Office Address: 227 W. JEFFERSON BLVD., SUITE 1200 Expiration Date: Perpetual
S., SOUTH BEND, IN, 46601, USA
Jurisdiction of Formation: Indiana Business Entity Report Due 03/31/2021
Date:
'I Years Due.
�t 'f �fd , d �;, WEE l l !� �f l= ,... �/
Title Name Address
Chairman KAREN L. WHITE 1912 MALVERN WAY, SOUTH BEND, IN, 46614, USA
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 -
11000, USA
APPENDIX III
Copy of Federal Tax -Exemption Letter
uE�
Internal Revenue Servic
Urban Enterprise Association
of South Bend, Inc.
1200 County -City Building
South Bend, Indiana 46601
,r V//G.P yr,% fY-C•Y..l.vc rr.>liu .•P
Department of th`-reasury 113
Washington. DC 20224
Person to Contact; Mr. Daume
Telephone Number: (202) 566-3844
Refer Reply to: E : EQ : R: 2--4
Date:
,rR 9
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 exempt from* federal" income tax under
section" 50,(a) of the .Internal Revenue" Cade (the Code) as an:
organization described in section.501
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 sections) above.
if your sources of support, or your purposes, character, or
method of operation change, please let your key distract 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'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 thef.,
Federal Insurance Contributions act"(social security taxes) on
remuneration of 100 or more you p ,y._td "Ach 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.
Gr,'s rGr trrJ�/zYdrIG ,r�re-/ e-, � rr-t .
. J : 7. o.
X
2
Urban Enterprise Association of South Bend, Inc.
Donors may deduct contributions to you as provided in section
170 of the Code. Bequests, legacies, devises, transfers, or gifts
to you or for your, Use are deductible -for federal...esta ' tq_�%gd gift--
tax p�uxposesAi,f they meet the applicable provisions of sections
2055, 2106, and 2522 of the Code.
Donors (including private foundations) may rely on this ruling
unless the Internal Revenue service publishes notice to the
contrary, However, if you lose your 509(a) status as shown above,
donors (other than private foundations) may not rely on 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 acquired knowledge that the Internal Revenue
Service had given notice that you would be removed from that
classification. Private foundations may rely on the classification
as long as you were not directly or indirectly controlled by them
or by disqualified persons with respect to then. However, private
foundations may not rely on the classification shown above if they
acquired knowledge that the internal Revenue Service had given
notice that you would be removed from that classification.
"111 if your organization conducts fund-raising events such. as
"J benefit dinners, auctions, membership drives, etc., where something
of value is received 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. To assist you in this, the
Service has issued Publication 1391, 2(_adUctib_i_1_i_t_Y_9f PUM9Dts- -M'_11de
to Or__qALi_j.4ation _ uc 7_you may obtain
,gL c_end ftin Fund-RaisjEg, Events.
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 micre than $25f000.�, 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 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. lf.a return is required, itli�
must be filed by the 15th day of the fifth month after the end of,e1r.
your annual accounting period.�� A penalty of $10 a day is charged
when a return is filed late, unless there is reasonable cause for
3
��i
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 thereturn is due. You are
also required to make available a` copy of your exemption
application, and supporting documents, and this exemption l.etter:'�
Failure to make these documents available for public inspection may
subject you to a penalty of $1.0 per day for each day there is a
failure to comply (up to a maxi -mum 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
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 �� )
SSA
.1 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-Debannent Affidavit Non Iran Fonn 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-Debannent Affidavit Non Iran Fonn 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.
,e
Dated this / S day of , 20AP0 w ®�,J f / S('. IL0
��^•.
LORY L. TIMMER
St Joseph County
> „ gA
My Oornmiselon Expl es
September23,2025
Subscribed and sworn to before me this Al
My Commission Expires
County of Residence
Non -Collusion Non-Debannent Affidavit Non Iran Fonn 2016
(:'onte`acto�r/Bidder (Firm)
Signature of Co�ltractoa�' . Idcler c ' s Agent
. k1 C/�
Printed Name and Title
-day ofM--PkWr _ 20
No a Public r L . 7741 ►n er
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date Februal*v 13 2020 .... . ...._. _ ,.�.
Name Michael Divita*Department DCI
BPW Date February 25 2020 Phone Extension 5843
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Review and A � at �elr� Prior to Submittal to Board
Diversity Compliance ® Officer Name Aladean. DeRose / Michael Patton
and Inclusion Officer
�... .. _..... m.........
BPW At ..... ....�
torney z Attorney Name Clara McDaniel;s
Dept. Attorney Z Attorney Name Sandra Kennedy
Purchasing 0!,
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(� Professional Services Agreement Contract
E] Open Market Contract ® Amendment/Addendum
❑ Bid Opening 0 Bid Award
Quote Opening Quote Award
E] Proposal Opening E❑ C/O & PCA No.
❑ Chg. Order, No. F-1 Traffic Control
( I Other:
Current Percent of Change
New Amount
Increase %
..................
Decrease ( %
Increase %
Total Percent of Change: Decrease %)
Time Extension Amount:
New Completion Date:
br All Submissions
❑l Proposal
E] Special Purchase, QPA
Req. to Advertise
[❑ Reject Bids/Quotes
PCA
Fj Resolution
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❑ Title Sheei