HomeMy WebLinkAboutAgreement (Grant)-Provide Rental Assistance to Eligible Oaklawn ClientsBOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
10/06/16
Timmer
Department DCI
BPW Date 10/25/16 Phone Extension 5841
I Required Prior to Submittal to Board
Legal ®
Attorney Name Michael Schmidt
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
n
Other:
Company or Vendor Name
Oaklawn Psychiatric Center Inc.
New Vendor
❑ Yes ® No ❑ If Yes, Approved by Purchasing
MBEM/BE Contractor
❑ MBE ❑ WBE
MBEM/BE Contractor Requested ® No ❑ Yes Name of Company
Project Name
Shelter +Care - Oaklawn
Project Number
16-JS-06
Funding Source
Continuum of Care Program Grant (CoC)
Account No.
212.1001.460.39.30
Amount
$278,076
Terms of Contract
9/01/16 — 8/31/17
Purpose/Description
Provide rental assistance to eligible Oaklawn clients
® Required Contractor's Certification Form Attached (Non -
Collusion Non -Discrimination Non -Debarment E-Verify,Iran etc
Required For Change Orders Only
Amount of ❑ Increase $
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Copy
Original
®
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U�0
Love
Dispersal After Approval
2015 CONTINUUM OF CARE PROGRAM GRANT AGREEMENT
Oaklawn Psychiatric Center, Inc. — S+C Oaklawn
September 1, 2016—August 31, 2017
HUD Grant # IN0009LSH001508
THIS AGREEMENT is entered into this -) f 7"'� day of 6;-' in ryi 6>y- , 2016 by
and between the City of South Bend, State of Indiana, by and through its Board of Public Works,
for and in behalf of the Department of Community Investment (the "City") and Oaklawn
Psychiatric Center, Inc. (the "Subrecipient" or "Agency"). This award is granted under CFDA
14.267, Continuum of Care Program, Department of Housing and Urban Development, Office of
Community Planning and Development, Grant Number IN0009L5H001508.
WHEREAS, the City has received a grant (the "Grant') under Subtitle F of Title IV of the
Stewart B. McKinney Homeless Assistance Act, 42 USC 11301 et seq. (the "Act') and the
Continuum of Care Program regulation (the "Regulation"); and
WHEREAS, the City desires to engage the Subrecipient to give certain assistance in
connection with such undertakings and the Subrecipient desires to perform the activities
identified herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth
herein, the City and the Agency do mutually agree as follows:
1. DURATION: This Agreement shall commence on September 1, 2016, and terminate
on August 31, 2017.
2. DEFINITIONS: As used in this Agreement:
A. "Subrecipient' means the entity, whether public or private, which has the
responsibility for implementing a project, activity, or service.
B. "HUD" means the U.S. Department of Housing and Urban Development, the
Secretary thereof or a person authorized to act on his/her behalf.
C. "Program" means the Continuum of Care Grant approved by HUD as the same
may be amended from time to time.
3. SCOPE OF SERVICES: The Agency shall perform all services according to the attached
"Scope of Work for PY2015 Competition" and the Continuum of Care Interim Rule.
Upon publication fore effect of a Final Rule for the Continuum of Care program, the
final Rule will govern this Agreement instead of the Interim Rule.
4. AMENDMENTS: Any revision to this Agreement, including Attachments, shall be
made by written amendment to this Agreement.
5. COMPLIANCE WITH APPROVED PROGRAM: All activities authorized by this
Agreement shall be performed in accordance with the Act and the Regulation.
6. SUBCONTRACTING: The performance covered by this Agreement shall not be
subcontracted, assigned or delegated without the prior written consent of the City.
AWARD: It is expressly understood and agreed that in no event will the City pay
the Agency more than $278,076 for full and complete satisfactory performance of
this Agreement. The City shall compensate the Agency for fulfilling this Agreement
as provided in accordance with the terms and conditions contained herein on the
basis of the fair market value of each Supportive Rental Housing unit occupied, per
month.
8. PROGRAM INCOME: It is anticipated that no income shall ever be directly generated
from this activity, however, if income is received, the Agency must contact the City
on how the funds can be used.
9. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Agency agrees to comply with
the provisions of 24 CFR 340 and its applicable requirements and standards which
include but are not limited to the following:
A. Allowable and Allocable Costs. Costs must be necessary, reasonable and directly
related to the scope of services of this Agreement. In addition, costs must be
legal and proper. The budget included in the attachments shall control amounts
of allowable expenditures within budget categories.
B. Documentation of Costs. All costs shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers or other official
documentation evidencing in proper detail the nature and propriety of charges.
All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting
documents pertaining in whole or in part to this Agreement shall be clearly
identified and readily accessible.
C. Restriction on Disbursements. No money under this Agreement shall be
disbursed by the Agency to any contractor except pursuant to a written contract
which incorporates the applicable requirements of this Agreement and HUD
regulations and unless the contractor is in compliance with HUD requirements
for applicable accounting and fiscal matters.
D. Records and Reports:
1. Establishment and Maintenance of Records. Records shall be maintained in
accordance with requirements prescribed by HUD or the City with respect to
all matters covered by this Agreement. Except as otherwise authorized by
HUD, such records shall be maintained for a period of three (3) years after
receipt of final payment under this Agreement.
2. Reports.
(a) At such times and in such forms as HUD or the City may require, there
shall be furnished to HUD or the City such statements, records, data and
information as HUD or the City may request pertaining to matters
covered by this Agreement.
(b) Additionally, the Agency shall submit an Annual Performance Report to
the City within forty-five (45) days following the conclusion of the project
for which funds are provided under this Agreement which report
summarizes the successes or failures of the assisted activity. The Agency
shall also provide statistical data with respect to services provided or
persons benefited under this Agreement.
3. Non -Expendable Property.
(a) Inventory. The Agency shall keep inventory records, acceptable to the
City, on all non -expendable property purchased under this Agreement.
The Agency shall submit an inventory record of all items at the end of the
program year and resubmit it each program year with revisions as
necessary.
(b) Insurance and Maintenance. For all non -expendable property purchased
under this Agreement, the Agency shall maintain sufficient insurance to
cover the cost of replacement due to loss by fire, theft, or accidental
damage. The Agency shall also be responsible for the replacement and
upkeep of all such property.
4. Cooperation with Agency. The City shall provide all available maps, reports,
and other data requested by the Agency to accomplish the services which are
the subject of this Agreement. The Agency shall pay for all articles so
supplied.
E. Audits and Reviews.
1. City and Federal Audits.
(a) The City shall require governmental agency and nonprofit agency audits
consistent with 24 CFR Parts 84 and 85, respectively forthose agencies that
have combined receipts of federal financial assistance totaling Five
Hundred Thousand Dollars ($500,000) or more in a fiscal year (applicable
to fiscal years starting on or before December 25, 2015). The City shall
require governmental agency and nonprofit agency audits consistent with
2 CFR Part 200 for those agencies that have combined receipts of federal
financial assistance totaling Seven Hundred Fifty Thousand Dollars
($750,000) or more in a fiscal year (applicable to fiscal years starting on or
after December 26, 2015). However, all agencies receiving any award
amount under this contract must submit, at a minimum, a fiscal year-end
financial statement. Audits / financial statements must be submitted to
the City no later than nine (9) months after the end of the agency's fiscal
year.
(b) The City may make an examination of the Agency's fidelity bonding and
fiscal and accounting procedures to determine whether these procedures
meet the requirements of this Agreement.
(c) At any time during normal business hours and as often as the City, HUD
and/or the Comptroller General of the United Stated may deem
necessary, there shall be made available to the City, HUD and/or
representatives of the Comptroller General for examination of all its
records with respect to all matters covered by this Agreement. Further,
the Agency shall permit the City, HUD and/or representatives of the
Comptroller General to audit, examine and make excerpts of transcripts
from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
2. Periodic Review. At regular intervals during the term of this Agreement the
City may conduct reviews of the content and progress of the Agency services.
If, as a result of such review, it is the opinion of the City that revisions of the
Scope of Services (see paragraphs 2 and 3 above) are necessary or the
methods employed by the Agency are inappropriate, the City may require
such revisions by notifying the Agency in writing. Upon receipt of such
notification of revision, the Agency shall, within ten (10) days, propose the
manner in which such revisions shall be made. The proposed revisions shall
be subject to the City's written approval and amendment to this Agreement.
F. Termination.
1. By giving five (5) working days written notice specifying the effective date,
the City may terminate this Agreement in whole or in part for cause, which
shall include:
(a) failure, for any reason, of the Agency to fulfill in a timely and proper
manner its obligations under this Agreement, including compliance with
the approved program and the conditions of this Agreement, and such
statutes, executive orders, and HUD directives as may become applicable
at any time;
(b) submission by the Agency to the City of reports that are incorrect or
incomplete in any material respect:
(c) ineffective or improper use of funds provided under this Agreement;
(d) failure of the Agency to supply the City with monthly reports and data
necessary to the continuing planning process of the City;
(e) suspension or termination by HUD of the Grant to the City under which
this Agreement is made, or the portion of it delegated by this Agreement;
provided, however, that if the Grant is merely reduced and in the
absence of any contrary HUD directive, the Agency may readjust its
budget and recommend amendments to this Agreement to the City
2. The City may also terminate, assign or transfer this Agreement when
required by HUD direction.
3. The Agency may propose to terminate this Agreement in whole or in part, for
good cause only, by giving at least thirty (30) days written notice specifically
stating the cause for such requested termination. Any such request for
termination shall be subject to the written approval of the City, acted upon
by the City within ten (10) days of receipt of the notice of request to
terminate. The decision of the City shall be final and conclusive, provided
that such approval shall not be unreasonably withheld.
4. This Agreement may also be terminated by either the City or the Agency in
whole or in part, by mutual agreement setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if in the case of a partial termination, the
City determines that the remaining portion of the award will not accomplish
the purpose for which the award was made, the City may terminate the
award in its entirety.
G. Project Close -Cut. In the event the Agency does not expend the amount
allocated under this Agreement or the project is canceled, expired, assigned or
terminated for any reason, any funds not claimed by the Agency and approved
by the City for allowable costs by the end of the term or by the date of
cancellation, expiration, or termination of this Agreement, as the case may be,
shall no longer be payable to the Agency under this Agreement.
H. Reversion of Assets. It is anticipated there will be no assets at the conclusion,
cancellation, assignment or termination of this Agreement. If there are the
Agency shall contact the city for appropriate disposition under applicable OMB
circulars.
10. COPYRIGHTS: If this Agreement results in a book or other copyrightable material, the
author may copyright the work, but the City and HUD reserve royalty free,
nonexclusive, and irrevocable licenses to reproduce, publish, or otherwise use, and to
authorize others to use, all copyrighted material and all material which can be
copyrighted.
11. PATENTS: Any discovery or invention arising out of or developed in the course of work
aided by this Agreement shall be promptly and fully reported to HUD for
determination by HUD as to whether patent protection on such invention or
discovery, including rights under any patent issued thereon, shall be disposed of and
administered in order to protect the public interest.
12. EQUAL OPPORTUNITY AND NONDISCRIMINATION: The Agency agrees to comply
with the nondiscrimination and equal opportunity requirements made applicable to
Shelter Plus Care Grant activities by 24 CFR 582.330.
13.OTHER REQUIREMENTS: Notwithstanding the City's responsibilities with respect to
the requirements listed below, the Agency agrees to comply with the following
requirements, when applicable:
A. National Program for Minority Business Enterprise. The Agency agrees to comply
with the provisions of Executive Order 11625.
B. Relocation and Acquisition. The Agency agrees to comply with the provisions of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. 4601), as amended, and the regulations at 24 CFR 582.335,
which may be amended from time to time.
C. Environment. The Agency agrees to comply with the Clean Air Act (42 U.S.C.
7401, et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.),
the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321,
et seq.) and the regulations pursuant to these Acts, and the environmental
review responsibilities of 24 C.F.R. 582.230, when applicable.
D. Historic Preservation. The Agency agrees to comply with the National Historic
Preservation Act (16 U.S.C. 470 et seq.) and regulations pursuant to it. The
Agency agrees to take into account the effect of the project for which
Community Development funding is provided under this Agreement on any
district, site, building, structure, or object listed in or found by the Secretary of
the Interior, to be eligible for inclusion in the National Register of Historic Places.
E. Architectural Barriers. The Agency agrees to comply with the Architectural
Barriers Act of 1968 (42 U.S.C. 4151) when applicable and with handicapped
access requirements of the State of Indiana and the City of South Bend.
Cultural Environment. The Agency agrees to comply with the provisions of
Executive Order 11593.
G. Flood Disaster. The Agency agrees to comply with the provisions of the Flood
Disaster Act of 1974 (42 U.S.C. 4001, et seq.) and regulations pursuant to it.
H. Building Standards. The Agency agrees that any building for which Shelter Plus
Care Grant Funds are used will comply with the provisions of 24 C.F.R. 582.305.
I. Recordkeeping. The Agency Agrees to comply with the recordkeeping and
confidentiality standards detailed in 24 C.F.R. 582.300(d).
J. Use Limitations. The Agency agrees to the limitations on assistance contained in
24 C.F.R. 582.115.
K. Homeless Assistance. The Agency agrees to comply with the provisions in 24
C.F.R. 582.300 concerning assistance and participation of homeless individuals in
the program.
L. Displacement. The Agency agrees to minimize displacement of persons and to
provide for relocation assistance for displaced persons as a result of the project
as discussed in 24 C.F.R. 582.335.
M. Eligible Activities. The Agency agrees that Shelter Plus Care Grant Funds will be
used only for eligible activities discussed in 24 C.F.R. 582.1.
N. McKinney-Vento Act. The Agency agrees to abide by the requirements of the
McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11301, et seq., regarding
the implementation of policies to assist in preventing discharge of persons from
publicly funded institutions or systems of care from immediately resulting in
homelessness.
O. Information Collecting. The Agency agrees to comply with HUD's standards for
the collection and reporting of information and participation in a local
information system.
14. PROHIBITIONS:
A. Prohibition Against Payments of Bonus or Commission. The assistance provided
under this Agreement shall not be used in payment of any bonus or commission
to obtain HUD or City approval of the application for such assistance or for
additional assistance, or any other approval or concurrence required under this
Agreement, Title I of the Housing and Community Development Act of 1974, as
amended, or HUD regulations with respect thereto; provided, however, that
reasonable fees or bona fide technical, consultant, managerial or other such
services, rather than solicitation, are not prohibited if otherwise eligible as
program costs.
B. Prohibition Against Kickbacks. The Agency agrees to comply with the Copeland
"Anti -Kickback" Act (18 U.S.C. 874) which prohibits kickbacks from public works
employees.
C. Conflict of Interest.
1. No member, officer, or employee of the City, or its designees or agents, no
member of the governing body of the City of South Bend or the Agency (and
no one with whom they have family or business ties) who exercises any
functions or responsibilities with respect to the program during his or her
tenure or for one year thereafter, shall have any personal or financial
benefit, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the program assisted
under the Agreement.
2. The Agency agrees that it will incorporate into every written contract the
following provision:
"INTEREST OF CONTRACTOR AND EMPLOYEES: The Contractor covenants that
no person who presently exercises any functions or responsibilities in
connection with the Community Development Program, and no one with whom
they have family or business ties, has any personal financial benefit, direct or
indirect in this Contract."
D. Political Activity Prohibited. None of the funds, materials, property or services
provided directly or indirectly under this Agreement shall be used for any
candidate for public office or for political activities.
E. Prohibition of, and Elimination of, Lead -Based Paint Hazard. Notwithstanding any
other provision, the Agency agrees to comply with the regulations set forth in 24
CFR 576.57 (c) and all applicable rules and orders issued thereunder which
prohibit the use of lead -based paint in residential structures undergoing federally
assisted construction or rehabilitation and require the inspection and abatement
of lead -based paint hazards. In addition, appropriate action must be taken to
protect shelter occupants from hazards associated with lead -based paint
abatement procedures. Every contract or subcontract including painting, pursuant
to which such federally assisted construction or rehabilitation is performed, shall
include appropriate provisions dealing with lead -based paints required under 24
CFR 579.57 (c).
F. Prohibition of Assistance for Religious Activities and/or Organizations. None of the
funds, materials, property or services provided under this Agreement maybe used
to promote religious activities or to assist religious organizations in promoting
secular activities unless specifically allowed under 24 CFR 582.115.
G. Lobbying Prohibited. None of the funds provided under this Agreement shall be
used for publicity or propaganda purposes designed to defeat or support
legislation pending before Congress.
15. CERTIFICATION REGARDING LOBBYING: The undersigned representative of the
Agency certifies, to the best of his or her knowledge and belief, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or any employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract,
Grant, loan, or cooperative agreement, the undersigned representative of the
Agency shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
C. The undersigned representative of the Agency shall require that the language of
this certification be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, agreements) and that all subrecipients shall
certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by 31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
16. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION OF LOWER TIER COVERED TRANSACTIONS: A person who is
barred or suspended shall be excluded from federal financial and nonfinancial
assistance and benefits under federal programs and activities. The undersigned
representative of the Agency certifies, to the best of his or her knowledge and belief,
that:
A. Neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
Agreement; and
B. It will include the following clause without modification, in all proposals,
agreements, contracts, proposals, or other lower tier covered transactions:
Certification Regarding Debarment, Suspension Ineligibility and Voluntary
ExclusionCLower Tier Covered Transaction: (1) The prospective lower tier
participant certifies , by Submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment declared
ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency. (2) Where the prospective lower tier participant is
unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
17. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide
by all applicable federal rules and regulations, as amended from time to time,
including but not limited to those federal rules and regulations referred to in this
Agreement. Unearned payments under this Agreement may be suspended or
terminated upon refusal to accept any additional conditions that may be imposed by
HUD at any time or if the Grant to the City under the Stewart B. McKinney Homeless
Assistance Act Subtitle B of Title IV (42 USC 11301 (1988)), as amended, is suspended
or terminated.
18. CLAIMS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless
the City from any and all claims of any nature whatsoever which may arise from the
Agency's performance of this Agreement; provided, however, that nothing contained
in this Agreement shall be construed as rendering the Agency liable for acts of the
City, its officers, agents or employees.
19. DRUG -FREE WORKPLACE. The Agency hereby covenants and agrees to make a good
faith effort to provide and maintain a drug -free workplace as specified in 24 C.F.R.
Part 24. Agency will give written notice to the City within ten (10) days after receiving
actual notice that an employee has been convicted of a criminal drug violation
occurring in Agency's workplace.
The Agency certifies and agrees that it will provide a drug -free workplace by:
A. Publishing and providing to all of its employees a statement notifying their
employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the Agency=s workplace and
specifying the actions that will be taken against employees for violations of such
prohibition; and
B. Establishing a drug -free awareness program to inform their employees of the (1)
the dangers of drug abuse in the workplace; (2) the Agency=s policy of maintaining
a drug -free workplace; (3) any available drug counseling, rehabilitation, and
employee assistance programs; and (4) the penalties that may be imposed upon
an employee for drug abuse violations occurring in the workplace.
C. Notifying all employees in the statement required by subparagraph (a) above that
as a condition of continued employment the employee will (1) abide by the terms
of the statement; and (2) notify the Agency of any criminal drug statute conviction
for a violation occurring in the workplace no later than five (5) days after such
conviction;
D. Notifying in writing the City within ten (10) days after receiving notice from an
employee under subdivision (c)(2) above, or otherwise receiving actual notice of
such conviction;
E. Within thirty (30) days after receiving notice under subdivision (c)(2) above of a
conviction, imposing the following sanctions or remedial measures on any
employee who is convicted of drug abuse violations occurring in the workplace:
(1) take appropriate personnel action against the employee, up to and including
termination; or (2) require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes by a
Federal, State or local health, law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug -free workplace through the
implementation of subparagraphs (a) through (e) above.
20. The Organization hereby represents and certifies that it may enter into this agreement
under Indiana Code § 35-44-1 and, to the extent applicable, has executed and filed
with the City a "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", the form of which is attached hereto and incorporated herein as
Appendix I prior to the City's approval of this Agreement.
(Balance of page intentionally left blank)
10
IN WITNESS WHEREOF, the City and the Agency have executed this Agreement as of the
date first above written.
OAKLAWN PSYCHIATRIC CENTER, INC.
111 By
Title Pre. ),raf�anj. -k o
DEPARTMENT OF COMMUNITY INVESTMENT
Pamela C. Meye
Director, Neighborhood Engagement
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
GaryA_Gilo`t, President
c I�-�
Jam A. Mueller, Member
UJ .
$ujL+ fAMFri ,jmember
A
Therese J. Do
ATT ST:
Cle <
A. Maradik, Member
11
SCOPE OF SERVICES — PROJECT DESCRIPTION
2015 CONTINUUM OF CARE PROGRAM GRANT AGREEMENT
Oaklawn Psychiatric Center, Inc. — S+C Oaklawn
September 1, 2016—August 31, 2017
HUD Grant # IN00091.51-1001508
STATEMENT OF PURPOSE AND INTENT:
The primary purpose of the Oaklawn Psychiatric Center, Inc. S+C Activity grant is to fund
tenant -based supportive rental housing assistance for eligible persons in accordance with the
requirements in 24 CFR 578.37(a) and 24 CFR 578.51(d).
PROPOSED GOAL(S):
The targeted goal of Oaklawn Psychiatric Center, Inc. S+C Activity is to provide eligible Oaklawn
clients with tenant -based rental assistance at locations throughout St. Joseph County.
TIMETABLE:
The activity shall commence as of September 1, 2016 and shall continue to and include
August 31, 2017.
COST CATEGORIES:
Costs must be necessary, reasonable and directly related to the grant in accordance with the
Statement of Purpose and Intent. Eligible cost categories are: Rental Assistance.
PROGRAM BUDGET:
The total cost of the Oaklawn Psychiatric Center, Inc. 2015 S+C Program Activity shall not exceed
$278,076.00.
PRIOR APPROVAL:
To expend funds for cost categories, types of activities, or locations not listed above will require
prior written approval from the Department of Community Investment. Prior written approval
must be obtained for any reductions, deletions, or additions to the approved line item budget.
NON -EXPENDABLE PROPERTY:
Notwithstanding any provision herein to the contrary, no costs may be incurred for non -
expendable property (equipment, furniture, fixtures, etc.) without obtaining written approval
from the Department of Community Investment.
FINANCIAL AND ADMINISTRATIVE REPORTS:
The Agency shall utilize the Monthly Reimbursement and Program Report (R & P Report)
supplied by the City for submission of claims and activity status reports to the City. The Agency
understands that:
1) Claims for reimbursement of expenses (goldenrod forms) shall be accompanied by an
R & P Report and by proper documentation (check copies, invoices, staff time
distributions, etc.) and;
2) R&P reports shall be due with each request for reimbursement. The final report is due at
the completion of the activity.
The City reserves the right to refuse any or all claims not properly supported with adequate and
proper documentation of claims and activity progress.
12
Wien III e prospeciive Contractor is mrable to certify to any of the statements beloip, it shall attach oil explanation to this Affulavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH MAN, 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 _TA/ )
/ ) SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contactor 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 hid. 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-Debannont Atndavit Non Iran Form
the energy sector in Iran; and (ii) at the tune 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/ifs 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 fiom 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-Debammnt Affidavit Non Iran Fonn
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 true and correct.
Dated this agth day of , 2016
Signature of Connractor/Bit� � or Agent
Printed Name and Title
Subscribed and sworn to before me this '-"�q k day of, A pAm 20%%
My Commission Expires��
Notary Public jJc
County of Residence E I kGl(
CHARLOTTE S. SPRUNGER
Elkhart County
MyCammissionExpires
•, %!:°•^'t4,S!:
JLS M1�16. 26222M
Non -Collusion Non -Debarment Affidavit Non Iran Form