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ENSURING THE PARTICIPATION OF SMALL DISADVANTAGED BUSINESS,AND WOMEN-OWNER <br /> BUSINESS <br /> State, local, and Indian tribal governments are required by to take all necessary affirmative steps in contracting for the <br /> purchase of goods or services to assure that minority firms,women-owned business enterprises,and labor surplus area firms <br /> are used whenever possible or as specified in the Program NOFAs. Nonprofit recipients of assistance(are required by 2 <br /> CFR 200321 to make positive efforts to utilize small businesses,minority-owned firms,and women's business enterprises, <br /> and Labor Surplus Area Firms whenever possible MBE/WBE. <br /> FAIR HOUSING <br /> is <br /> is The Recipient must take steps to affirmatively further fair housing; and when gathering public input, planning, and <br /> implementing housing related activities,will include participation by neighborhood organizations,community development <br /> organizations, social service organizations, community housing development organizations, community development <br /> organizations, and members of each affected community or neighborhood which might fall into the assistance category of <br /> low and moderate income communities. <br /> MODIFICATIONS <br /> The Recipient must contact IHCDA prior to requesting an amendment or modification that affects the budget, activities, <br /> beneficiaries,or time frame for accomplishing the proposed activities. Substantial amendments may he cause for IHCDA to <br /> review the Application submitted to determine whether the Project is meeting is stated goals and timelines. This Agreement <br /> may not be modified except by an instrument in writing executed by each of the parties hereto.Substantial Amendments to <br /> the budget may have to be submitted to HUD for a final approval. <br /> CONFIDENTIALITY <br /> Recipient must adopt procedures to ensure that all client information is handled and maintained in a confidential manner and <br /> in compliance with the requirements of all applicable state or federal laws,rules,and regulations,including,but not Iimited <br /> to,those relating to the release of Social Security numbers in I.C. § 4-1-10 and the notice of'security breach provisions in <br /> I.C.§4-1-11. <br /> Confidential information means any individually identifiable information, whether oral or written, about the participants <br /> who receive services and/or assistance from grantees and/or sub-recipients of the IHCDA. Employees,agents,contractors <br /> it or others who require access to confidential client information must sign a confidentiality agreement commensurate with the <br /> conditions set forth in this Agreement. <br /> BONDING REQUIREMENTS <br /> For any construction contracts or subcontracts exceeding$100,000,the following is required: <br /> Ii a. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" shall <br /> consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a <br /> bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be <br /> required within the time specified. <br /> b. A performance bond on the part of the contractor for one hundred percent (100%) of the contract price. A <br /> "performance bond" is a bond executed in connection with a contract to secure fulfillment of all the contractor's <br /> obligations under such contract. <br /> c. A payment bond on the part of the contractor for one hundred percent(100%) of the contract price.A "payment <br /> bond" is a bond executed in connection with a contract to assure payment as required by law of all persons <br /> supplying labor and material in the execution of the work provided for in the contract. <br /> d. Where bonds are required: <br /> The bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part <br /> 223,"Surety Companies Doing Business with the United States." <br /> LIEN WAIVERS <br /> For any construction contract or subcontract exceeding$100,000,the Recipient must ensure that each contractor executes a <br /> lien waiver for all services, construction work performed, materials furnished, and equipment and fixtures furnished. <br /> 1HCDA must receive copies of any and all affidavits,indemnity agreements,lien waivers,certificates,and other documents <br /> as requested. <br /> LEAD-CITY of SOUTH BEND LD-018-003 <br /> l Recapture Page 16 of23 <br />