Loading...
HomeMy WebLinkAboutAddendum - DCI - Urban Enterprise V & A Property Repair Matching Grant ProgramBOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date July 6, 2016 Name Pam Meyer Department Community Investment BPW Date July 26, 2016 Phone Extension 5845 r _ Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt, Andrea Huntington, Ben Dougherty Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ®Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control F1 Other: ny or Vendor Name Urban Enterprise Association of South Bend, Inc. New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description J Yes X No ❑ If Yes, Approved by Purchasing MBE ❑ WBE V&A Property Repair Matching Grant Program 1001.460.39.30 $ 96,500.00 total; addendum adds $30,000 to original $66,500 October 1, 2014-December 31, 2017 Provides matching grants to homeowners and landlord owners to repair a V&A property and live in or rent for a minimum of 3 years ® Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For Chanqe Orders Only Amount of ❑ Increase ❑ Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ® ❑ ❑ ❑ Dispersal After Approval Pam Meyer, DCI Andrea Huntington, Legal SECOND ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (VACANT & ABANDONED PROPERTY REPAIR MATCHING GRANT PROGRAM) kTHIS SECOND ADDENDUM (this "Second Addendum") is made and entered into this day of 2016, by and between the CITY OF SOUTH BEND, INDIANA, a municipal corpora on 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 have entered into an agreement entitled "Agreement For Programs And Services With Urban Enterprise Association of South Bend, Indiana, Inc. (Vacant & Abandoned Property Repair Matching Grant Program)" dated the 9th day of December, 2014, as amended by the Addendum To Agreement For Programs And Services With Urban Enterprise Association of South Bend, Indiana, Inc. (Vacant & Abandoned Property Repair Matching Grant Program) dated April 12, 2016 (collectively, the "Agreement'), providing for the Vacant & Abandoned Property Repair Matching Grant Program (the "Program"); and WHEREAS, the City and the Organization desire to amend and extend the Agreement by this Second Addendum; and WHEREAS, the City believes that the actions contemplated by this Second Addendum are in the best interests of the health, safety and welfare of the City and its residents and that those actions comply with the public purposes and applicable provisions of state and local law. NOW THEREFORE, the parties mutually agree as follows: 1. Section 1 (Contract Amount and Term) of the Agreement is modified to read in its entirety as follows: The Organization shall provide the programs and services set forth at Exhibit A on behalf of the City, for the Contract Amount for the period commencing October 1, 2014 and ending December 31, 2017. The approved schedule for the Program is set forth at Exhibit B. 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, 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 vacant & abandoned property, the project commencement date and the project completion date. 2. Exhibit A to the Agreement is deleted and replaced with Exhibit A to this Second Addendum. 3. Exhibit C to the Agreement is deleted and replaced with Exhibit C to this Second Addendum. 4. The person signing this Second Addendum on behalf of the Organization represents that s/he is duly authorized by all necessary corporate action of the Organization to sign this Second Addendum and bind the Organization to its terms. 5. The parties agree that all other terms and conditions as set forth in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Second Addendum to be executed as of the day and year first above written. CITY OF SOUTH BEND, INDIANA, by and through its Board of Public Works Gary A. Gilot, President David P. Relos, Member �a L ua� Elizabeth A. Maradik, Member 4-In Therese Dorau, ber Jame ueller, Member Attest: Qda Martin, Clerk URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. 5& Signature 'Iel YC[_ — Ghalt ' Printed Name and Title EXHIBIT A Program Description The Organization shall provide the following services and programs: Repair Matching Grant Program — Establish a program designed to encourage private investment by vacant & abandoned property owners in South Bend neighborhoods. Vacant & abandoned properties are those properties designated as such by the City. The program goals are to: to address all code violations against qualifying residential properties; to offer the opportunity to improve and maintain the vacant & abandoned property housing stock in the City of South Bend; and to offer the opportunity individuals and families to live in safe and affordable housing. There will be two segments to the Program: (1) For homeowners of single family structures and (2) For owners of single family, duplex or tri-plex rental structures. The program shall require: Homeowners: (1) A maximum of one grant per property address. (2) The maximum grant shall not exceed ten thousand dollars ($10,000) and The minimum grant shall be five thousand dollars ($5,000). (3) Homeowner applicants are required to invest matching funds of at least 20% of the total grant award for eligible repairs at the property. The minimum homeowner investment is $1000. Landlords: (1) A maximum of one grant per property address. (2) The maximum grant shall not exceed ten thousand dollars ($10,000). The minimum grant shall be five thousand dollars ($5,000). (3) Landlord applicants are required to invest matching funds of 100% of the grant award. for eligible repairs at the property. The minimum landlord investment is $5,000. All Properties: (1) Projects that address any and all code violations that exist at the eligible property.. (2) To be eligible, the subject property must have proper insurance, not have an affirmed demolition order or be under contract for demolition and be current on property taxes. (3) A minimum of two (2) written estimates for all project components are required. This could include the cost of materials and parts if the applicant is doing the work themselves or estimates from a contractor solicited to do the work. For all electrical, plumbing and HVAC work, the two (2) written estimates must be from licensed contractors. The estimates. will detail the scope of work with itemized prices and must be obtained before a project is approved. (4) Before any work is commenced, any required building permits for the grant project must be obtained for an applicant to continue to be eligible for the program. (5) Each contractor employed by the applicant for an approved project must submit a certificate of liability insurance prior to any disbursement of funds. (6) Specific program guidelines must be finalized, which clearly establish the grant process and schedule. (7) 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. (8) To be eligible, an applicant must agree to hold the City of South Bend, Indiana, and the City of South Bend, Board of Public Works (collectively, the "City") and the Urban Enterprise Association of South Bend, Inc. (UEA) harmless and to indemnify the City and UEA 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. (9) All repairs are to the residential structure only. The grant will not fund repairs made to accessory structures such as sheds, garages, fences or other improvements on the property. EXHIBIT C Program Budget Funds Available for V and A Repair Grant Disbursements: $96,500.00 Wien the prospective Can tractor is unable to certify to any of the stalemenis below, It shall attach an explanation to thisAffrdavit 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 SS: -COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that; I. Contractor has not, nor has any other member, representative, or agent of the film, 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 farther 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-Coltusion Nun -Debarment Affidavit Non Iran Form 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. Nan -Collusion Non-Debanuent Aflydavit Non Iran Form 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 on this project if awarded. 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 hue and correct. Datedthis 10f�) day of 7 tJIU 201Ij RYL.TIMME Joseph Counrymmission E;Orestembet23,2017No =;7w qq l.( cat) enI I ! - trP d4Gc�r IC B rrnn cSPS�UFI (� CoonntrraactorBidder (Firm) t b2e Signature of Contractor/Bidder or Its Agent kt2&-n L- Wh(k- viO'e-C�Sa�r Printed Name and Title Subscribed and sworn to before me this day of 2OA-6 My Commission Expire 3 N tar Public County of Residence�7SP�1� Nan -Collusion Nan-Debnnnent Affidavit Non Iran Form