HomeMy WebLinkAboutContract - Habitat for Humanity - Acquisition-Rehab - 1024 De Maude AvenueDate
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
1/30/17
Timmer
Department DCI
BPW Date 2/14/17 Phone Extension 5841
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
I-1 Other: Amendment
Required Information ;
Company or Vendor Name
Habitat for Humanity of St. Joseph Co., 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
Acquisition / Rehab — 1024 De Maude Avenue
Project Number
16-JC-11
Funding Source
CDBG
Account No.
212.1001.460.39.30
Amount
$ 106,360
Terms of Contract
1/01/17— 12/31/18
Purpose/Description
Salaries related to coordinating Neighborhood Leadership Academy
and neighborhood technical assistance
® Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.
Required For Change Orders Only
Amount of ❑ Increase $
❑ Decrease
$
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%
Dispersal After Approval
Copy Original
❑ ❑ Judy Love
❑ ❑
❑ ❑
COMMUNITY DEVELOPMENT PROGRAM CONTRACT
Habitat for Humanity of St. Joseph County, Inc.
Acquisition / Rehabilitation Activity
1024 De Maude Avenue, South Bend 46616
16-JC-11 (01)
THIS AGREEMENT is entered into this � day of 2017, by and between the City of
South Bend, State of Indiana, by and through its Board of Public Works! for and on behalf of the Department of
Community Investment (the "City") and Habitat for Humanity of St. Joseph County, Inc., (the "Agency" or
"Contractor") for the Acquisition / Rehabilitation Activity project. This award is granted under CFDA 14.218,
Community Development Block Grant Program, U.S. Department of Housing and Urban Development, Office of
Community Planning and Development, Grant Number B-16-MC-18-0011.
WHEREAS, the City has received a grant under Title I of the Housing and Community Development Act of
1974, (RL. 93-383), as amended, from the United States Department of Housing and Urban Development ("HUD");
and
WHEREAS, pursuant to this grant, the City is undertaking certain activities; and
WHEREAS, the City desires to engage the Agency to give certain assistance in connection with such
activities;
NOW, THEREFORE, the City and the Agency do mutually agree as follows:
1. DEFINITIONS: --As used in this Contract:
A. Agency means the entity, whether public or private, which has the responsibility for administering
a project or activity.
B. Area means the corporate boundaries of the City of South Bend or one or more sections of the
Neighborhood Revitalization Area as specifically delineated in the Scope of Services/Project
Description, Appendix I, of this Agreement.
C. Contactor means an entity other than an Agency (except as noted in the Labor Standards
Provisions), that furnishes to the City or to an Agency services or supplies (other than standard
commercial supplies, office space or printing services).
D. HUD means the United States Department of Housing and Urban Development or a person
authorized to act on its behalf.
E. Program means the Community Development Program approved by HUD as the same may be
amended from time to time.
2. SCOPE OF SERVICES/PROGRAM DESCRIPTION: The Agency shall perform all services according to the
Scope of Services/Project Description attached as Appendix I and made a part of this Contract.
3. AMENDMENTS: Any revision to this Contract, including Appendices, shall be made by written amendment to
this Contract and will be considered effective when approved by the City's Board of Public Works.
4. COMPLIANCE WITH APPROVED PROGRAM: All activities authorized by this Contract shall be performed
in accordance with the Scope of Services/Project Description (Appendix I), the approved Budget (Appendix I), the
Grant Conditions, and the relevant Department of Housing and Urban Development regulations and consistent with
governing state and federal statutes, rules and regulations as well as local ordinances.
5. SUBCONTRACTING: The performance covered by this Contract shall not be subcontracted, assigned or
delegated without the prior written consent of the City, which may be withheld at the sole discretion of the City.
6. AWARD: It is expressly understood and agreed that in no event will the City pay the Agency more than
$106,360.00 for full and complete satisfactory performance of this Contract. The City shall compensate the Agency
for fulfilling this Contract as provided in accordance with the terms and conditions contained herein.
7. PROGRAM INCOME: Any gross income directly generated from the use of the award funds shall be used only
for those activities delineated in the Scope of Services/Program Description and all relevant provisions of this Contract
shall apply to such activities. At the end of the program year, the City may require remittance of all or part of any
program income balances (including investments thereof) held by the Agency (except for certain exceptions).
Disposition of program income, as applicable, is outlined in the Scope of Services/Program Description, Appendix I,
and in compliance with 24 CFR 570.504(b) and (c).
8. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Agency agrees to comply with the provisions
of 24 CFR 570.502 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/Program Description of this Contract. In addition, costs must be legal and proper.
The Budget included in Appendix I 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 Contract shall be clearly identified and
readily accessible.
C. Restriction on Disbursements. No money under this Contract shall be disbursed by the Agency to
any contractor except pursuant to a written contract which incorporates the applicable requirements
of this Contract 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 Mahntenance of Records.
Records shall be maintained in accordance with requirements prescribed by HUD or the
City with respect to all matters covered by this Contract. Except as otherwise authorized
by HUD, such records shall be maintained for a period of four (4) years after receipt of
final payment under this Contract.
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 Contract.
(b) The Agency shall submit to the City:
(1) periodic progress reports as established in the Scope of Services/Project
Description attached as Appendix I, and
(2) a report at the conclusion of the project for which funds are provided under
this Contract which summarizes the successes or failures of the assisted activity.
Additionally, the Agency shall provide statistical data with respect to services
provided or persons benefited under this Contract.
3. Non -expendable Propelty.
(a) Inventory. The Agency shall keep inventory records, acceptable to the City, on all
non -expendable property purchased under this Contract. 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 Contract, 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 maintenance 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
Contract. The Agency shall pay for all articles so supplied.
E. Audits and Reviews:
I. City and Federal Audits.
(a) The City shall require governmental agency and nonprofit agency audits consistent
with 24 CFR Parts 84 and 85, respectively for those 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, 2014). 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, 2014). 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 Contract.
(c) At any time during normal business hours and as often as the City, HUD and/or the
Comptroller General of the United States may deem necessary, there shall be made
available to the City, HUD and/or representatives of the Comptroller General for
examination all of its records with respect to all matters covered by this Contract. 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 Contact.
2. Periodic Review. At regular intervals during the term of this Contract 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 to the Scope of Services/Program Description 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 Contract.
Termination.
I. By giving five (5) working days written notice specifying the effective date, the City may
terminate this Contract 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 Contract, including compliance with the approved program and
Contract conditions, 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 Contract;
(d) failure of the Agency to supply the City with monthly reports and data necessary to the
continuing planning process of the City; or
(e) suspension or termination by HUD of the grant to the City under which this Contract is
made, or the portion of it delegated by this Contract; 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 Contract amendments to the City.
2. The City may also terminate, assign or transfer this Contract when required by IUD
direction.
The Agency may propose to terminate this Contract 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 Contract 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 propose for which the award was made, the City may terminate the award
in its entirety.
G. Project Close -Out. In the event the Agency does not expend the amount allocated under this
Contract 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 Contract, as the case may be, shall no
longer be payable to the Agency under this Contract.
H. Reversion of Assets. At the conclusion, cancellation, assignment or termination of this Contract,
the disposition of assets under this Contract shall be in compliance with 24 CFR 570.502, 24 CFR
570.503, and 24 CFR 570.504 as applicable, which include but are not limited to the following:
1. Personal property and equipment acquired under this Contract shall revert to the City for
disposition in compliance with 24 CFR 570.502.
2. Where there is a residual inventory of unused supplies in excess of Five Thousand Dollars
($5,000) in total aggregate fair market value in which the Agency has vested title through
acquisitions under this Contract, and where there is no need for said supplies for any other
federally sponsored programs or projects, the Agency shall compensate the City for its
share in compliance with 24 CFR 570.502.
3. The Agency shall transfer to the City any funds on hand and any accounts receivable
attributable to the use of funds under this Contract at the time of expiration, cancellation,
or termination.
4. Real property under the Agency's control that was acquired or improved in whole or in part
with funds under this Contract, including loans made to the Agency, in excess of Twenty
Five Thousand and 00/100 Dollars ($25,000.00), unless otherwise specified in Scope of
Services/Program Description, Appendix I, shall be (a) used to meet one of the national
objectives pursuant to 24 CFR 570.208 until five years after expiration of this Contract, or
(b) not used in accordance with H(4)(a) of this section, in which event the Agency shall
pay to the City an amount equal to the current market value of the property less any portion
thereof attributable to expenditures of non -Contract funds for acquisition of, or
improvement to, the property.
9. COMMUNITY DEVELOPMENT IDENTIFICATION IN PROJECT ACTIVITIES:
A. All buildings, offices, vehicles and other such property purchased or supported in whole or in part
with funds made available under this Contract shall identify the Program as a sponsor of the activity.
B. All pamphlets, brochures or other printed material prepared and/or distributed by the Agency in
connection with activities for which Community Development funding is provided under this
Contract shall identify the Program and HUD as sponsors of the activity by the inclusion of the
following statement in all such material:
This [brochure, pamphlet, etc.] was produced [in whole or in part] with the
assistance of the City of South Bend Community Development Program through
funds made available by the U.S. Department of Housing and Urban Development
under Title I of the Housing and Community Development Act of 1977.
C. Failure to comply with A or B above shall result in a disallowance of all costs incurred for the
activity.
10. COPYRIGHTS: If this Contract 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 Contract
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 equal
opportunity requirements applicable to Community Development Block Grant activities. Specifically, the Agency
agrees to comply with:
A. Title VII, Civil Rights Act of 1964, which provides that no person in the United States shall on the
ground of race, color, or national origin be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal financial
assistance.
Title VIII, Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988,
which provides for fair housing throughout the United States. Kinds of discrimination prohibited
include refusal to sell, rent, or negotiate, or otherwise to make unavailable; discrimination in terms,
conditions and privileges; discriminatory advertising; false representation; blockbusting;
discrimination in financing; and discrimination in membership in multi -listing services and real
estate brokers organizations. Discrimination is prohibited on the ground of race, color, religion, sex,
handicap, familial status (having one or more children under age 18 and/or pregnant women), and
national origin. The Secretary of HUD (and grantees) shall administer programs and activities
relating to housing and urban development in a manner affirmatively to further the policies of this
Title.
C. Section 109, Housing and Community Development Act of 1977, as amended, which provides that
no person in the United States shall on the ground of race, color, religion, national origin or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity funded in whole or in part with funds made available under this Title.
D. Section 504 of the Rehabilitation Act of 1973, which provides that handicapped individuals may not
be excluded from participation in, be denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
E. Executive Order 11063, as amended by Executive Order 12259, which requires equal opportunity
in housing and related facilities provided by federal financial assistance.
Executive Order 11246, as amended by Executive Orders 11375 and 12086, which prohibits
discrimination on the ground of race, color, religion, sex or national origin in all phases of
employment under federally assisted construction contracts, and requires contractors and
subcontractors to take affirmative action to ensure fair treatment in employment and training
practices.
G. Section 3, Housing and Urban Development Act of 1968, which provides that to the greatest extent
feasible, opportunities for training and employment shall be given to lower income residents of
HUD -assisted project areas, and that contracts for work in connection with such projects be awarded
to business concerns which are located in or are owned in substantial part by project area residents.
In connection with its compliance with Section 3 and the Section 3 Clause set forth below, the
Agency shall insert in full in all contracts and subcontracts for work financed in whole or in part
with assistance provided under this Contract the Section 3 Clause which follows:
"A. The work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance fiom the Department of Housing and Urban
Development ("HUD") and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The propose of Section 3 is
to ensure that employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance for housing.
Accordingly, Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and contracts for work in
connection with the project be awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
B. The parties to this Contract will comply with the provisions of Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in Title 24,
Code of Federal Regulations (24 CFR), and all applicable rules and orders of the Department issued
there under prior to the execution ofthis Contract. The parties to this Contract certify and agree that
they are under no contractual or other disability which would prevent them from complying with
these requirements.
C. The Contractor will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding if any, a notice
advising the said labor organization or workers' representative of his commitments under this
Section 3 Clause and shall post copies of the notice in conspicuous places available to employees
and applicants for employment or training. The notice shall describe Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; the name and location of the person(s) taking applications for
each of the positions; and the anticipated date the work shall begin.
D. The Contractor will include this Section 3 Clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of Federal
financial assistance, take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and Urban
Development under 24 CFR. The Contractor will not subcontract with any subcontractor where it
has notice or knowledge that the latter has been found in violation of regulations under 24 CFR and
will not let any subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
E. The Contactor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the contract is executed, and
(2) with persons other than those to whom the regulations of 24 CFR require employment
opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24
CFR.
F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all
applicable rules and orders of the Department issued thereunder prior to execution of this contract,
shall be a condition of the Federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CPR,
which may include termination of this Contract for default and debarment or suspension from future
HUD assisted contracts."
The contracts shall also include additional language from Section 3 and from 25 U.S.0 450e to the extent
work performed in connection with Section 3 covers Indian housing assistance.
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 570.606, 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.) and the provisions of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, or seq.) and the regulations issued pursuant to
these Acts, 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 Contract on
any district, site, building, structure, or object listed in or found by the Secretary of the interior,
pursuant to 24 CFR 570.202, to be eligible for inclusion in the National Register of Historic Places.
E. Labor Standards. When applicable, the Agency agrees to comply with the provisions of 24 CFR
570.603 and related local requirements which may be issued fi-om time to time by the City of South
Bend's Department of Community and Economic Development. The Agency shall include in all
applicable construction contacts the provisions of federal law imposing labor standards on federally
assisted construction, including, but not limited to residential projects for use by eight (8) or more
families.
F. Architectural Barriers and the Americans with Disabilities Act, The Agency agrees to comply with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151) in designing, constructing, or altering
buildings meeting the definition of Aresidential structure at 24 CFR 40.2. The Agency also agrees
to comply with The Americans with Disabilities Act (ADA) in providing comprehensive civil rights
to individuals with disabilities in employment, public accommodations, government services, and
telecommunications; and complying with applicable handicapped access requirements of Federal,
State, and City requirements.
G. Cultural Environment. The Agency agrees to comply with the provisions of Executive Order 11593
H. Flood Disaster. The Agency agrees to comply with the provisions of the Flood Disaster Act of 1973
(42 U.S.C. 4001, et seq.) and regulations issued pursuant to it.
Identity Theft Prevention -Program. When applicable, the Agency agrees to comply with the
provisions of the Fair and Accurate Credit Transactions Act ("FACTA"), 15 USC 1681, the
regulations promulgated thereunder (16 CFR 681) and all related local requirements (including the
South Bend Board of Public Works Resolution No. 77-2008) which may be adopted from time to
time by the City of South Bend. The Agency shall include in all applicable contracts, the provisions
of federal, state and local law imposing an obligation to detect, prevent and mitigate identity theft
in connection with certain credit transactions on federally assisted projects.
14. LEAD -BASED PAINT: Notwithstanding any other provision, the Agency performing residential housing
rehabilitation under this contract, agrees: to comply with the regulations set forth in 24 CFR 570.608 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; to perform notification of lead -based paint hazard to tenants and
purchasers as prescribed; and to perform inspection, testing, and abatement actions as regulations require. Every
contract or subcontract including painting, pursuant to which such federally assisted construction or rehabilitation is
performed, shall include appropriate provisions prohibiting the use of lead -based paint.
15. DRUG -FREE WORKPLACE: The Agency hereby covenants and agrees to make a good faith effort to provide
and maintain a drug -free workplace. The 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 the Agency's
workplace.
False certification or violation of the certification may result in sanctions including, but not limited to, suspension of
payments, termination of the Grant or contract and/or debarment of grant opportunities with the State of Indiana for
up to three (3) years.
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.
16. PROHIBITIONS:
A. Prohibition Against Payments of Bonus or Commission. The assistance provided under this Contract
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 Contract, 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.
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. In the procurement of supplies, equipment, construction, and services by the
Agency:
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 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 Contract.
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.
In all other situations, no Covered Person who exercises or has exercised any functions or responsibilities
with respect to CDBG activities assisted under this part, or who is in a position to participate in a decision
making process or gain inside information with regard to such activities, may obtain a financial interest or
benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement
with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity,
either for themselves or those with whom they have business or immediate family ties, during their tenure or
for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a
part of the UDAG project, and shall cover any such financial interest or benefit during, or at any time after,
such person's tenure. A "Covered Person" is any person who is an employee, agent, consultant, officer, or
elected official or appointed official of the recipient (the City), or of any designated public agencies, or of
subrecipients (the Agency) that are receiving funds under this part.
D. Political Activity Prohibited. None of the funds, materials, property or services provided directly
or indirectly under this Contract shall be used for any candidate for public office or for political
activities.
E. Prohibition of Religious Discrimination and Assistance for Religious Activities and/o
Organizations. Organizations that are religious or faith -based are eligible, on the same basis as any
other organization, to participate in the CDBG program. An organization that participates in the
CDBG program shall not, in providing program assistance, discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion or religious belief. None of
the funds, materials, property or services provided under this Contract may be used to promote
religious activities as set forth in 24 CFR 570.2000).
F. Lobbying Prohibited. None of the funds provided under this Contract shall be used for publicity or
propaganda purposes designed to defeat or support legislation pending before Congress.
17. 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 an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, or 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 comf act, 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 and
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 Ten Thousand and 00/100
Dollars ($10,000.00) and not more than One Hundred Thousand and 00/100 Dollars ($100,000.00)
for each such failure. All liability arising from an erroneous representation shall be borne solely by
the tier filing that representation and shall not be shared by any tier to which the erroneous
representation is forwarded.
IS. CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY
EXCLUSION --LOWER TIER COVERED TRANSACTIONS: A person who is debarred or suspended shall be
excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. The
Agency shall include the following clause without modification, in all proposals, agreements, contracts, proposals, or
other lower tier covered transactions. (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):
Certification Regarding Debarment Suspension, Ineligibility and Voluntary Exclusion -- Lower
Tier Covered Transaction: 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.
19. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide by all
applicable federal rules and regulations, as amended fiom time to time, including but not limited to those federal rules
and regulations referred to in this Contract. Unearned payments under this Contract 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 Title I of the Housing and Community Development Act of 1974, is suspended or terminated.
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 II prior to the City's approval of this
Agreement.
21. CLAIMS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City, its officers,
agents or employees from any and all claims of any nature whatsoever which may arise from the Agency's performance
of this Contract; provided, however, that nothing contained in this Contract shall be construed as rendering the Agency
liable for acts of the City, its officers, agents or employees.
11
IN WITNESS WHEREOF, the City and the Agency have executed this Contract as of the date first above written.
ACQUISITION / REHABILITATION ACTIVITY
1024 DE MAUDE AVENUE, SOUTH BEND 46616
Habitat for Humanitu of St. Joseph Coun
BY: V
,TITLE: / �6 P -,A f i
DATE: a- r 3 % l7
APPROVED FOR CITY OF SOUTH BEND
1"42,� --�
lv
Pamela C. Meyer, D' lector of Neigh rhood Engagement
DEPARTMENT,OF COMMUNITY INVESTMENT
DATE: ! _/S= /
12
CITY OF SOUTH BEND
BOARD
�OFF PUBBLIC WO I S -
Gary A. Gilot, President
E a/ethh A. Maradik, Member
Therese J. Doran, Meu er
y?
Jamb A. Mueller, Member
Suzanna M. Fritzberg, Member
ATTE�T: CLERK U h
\
DATE: -2 46e - --
APPENDIX
SCOPE OF SERVICES / PROJECT DESCRIPTION
Habitat for humanity of St. Joseph Comity, Inc.
Acquisition / Rehabilitation Activity
1024 De Maude Avenue, South Bend 46616
16-JC-11 (01)
1/01/2017 - 12/31/2018
PURPOSE AND INTENT
The City of South Bend, in creative and affirmative partnership with City residents, private enterprise,
neighborhood and community organizations, and the Federal Government, is committed to the national
housing objectives of "creating a suitable living environment, decent housing, and economic
opportunities" for all persons. In attempting to achieve these objectives, the City of South Bend has
identified this project to address "creating economic opportunities." Additionally, the City has determined
that, for this project, there is a need to secure the services of an organization with special expertise.
Therefore, program funds will be utilized through Habitat for Humanity of St. Joseph County, Inc. to
conduct acquisition and /or rehabilitation in the Near Northwest Neighborhood of South Bend as part of a
larger effort to reduce the number of vacant and abandoned properties in South Bend and provide safe,
decent affordable housing to low -moderate income tenants.
TARGETED GOALS
The targeted goal for the Acquisition / Rehabilitation Activity project [16-JC-11 (01)] is to reduce the
number of vacant and abandoned properties in South Bend and provide safe, decent affordable
housing to low -moderate income residents. Funds will be used to acquire and / or rehabilitate the
single-family home located at 1024 De Maude Avenue, South Bend, for resale to a low -moderate
income family.
If, for any reason, there is difficulty in achieving this goal, the Agency must notify the Department of
Community Investment of the problem(s) so the matter(s) can be rectified in a timely manner.
INCOME GUIDELINES
Households with income in the low or moderate income range (as defined from time to time by IIUD) are eligible
applicants for assistance under this activity. Annual limits as of March 28, 2016 are:
FY 2016 CDBG Income Limits (Effective 3/28/16)
1-Person
Household
2-Person
Household
3-Person
Household
4-Person
Household
5-Person
Household
6-Person
Household
7-Person
Household
8-Person
Household
30%AMI
12,050
16,020
20,160
24,300
28,440
32,580
35,450
37,700
50%AMI
20,000
22,850
25,700
28,550
30,850
33,150
35,450
37,770
80%AMI
32,000
36,600
41,150
45,700
49,400
53,050
56,700
60,350
(Median income for a family of four: $57,100)
ACTIVITY SERVICE AREA
The activities under this contract must take place in the Near Northwest Neighborhood of South Bend, at
the properly located at 1024 De Maude Avenue.
13
TIMETABLE
Costs may be incurred when the agency is notified to proceed by the Department of Community
Investment. This activity shall commence on January 1, 2016, and shall continue to and include
December 31, 2018. All funds unobligated by 12/31/18 and all funds unspent by 1/31/19 will be subject
to reprogramming at the option of the City.
PROGRAM BUDGET
The total CDBG budget for the Acquisition / Rehabilitation project 116-JC-11 (01)] shall not exceed
$106,360.00. It is understood that funds can be moved between eligible activities as costs increase or
decrease because of market conditions. However, the developer fee cannot exceed 12.5% of funds
expended or a maximum of $11,818.00.
Architectural/Engineering $ 2,000.00
Lead -based Paint Evaluation/Reduction $ 8,000.00
Construction $ 84,542.00
Developer Pee (not to exceed) $ 11,818.00
$106,360.00
PROGRAM INCOME
At the end of each calendar year, or another annual date agreed upon by the Agency and the City, the
Agency shall remit to the City all program income balances associated with this activity. This is understood
to include monthly mortgage principal payments as well as lump -sum payouts collected by the Agency,
generated through the sale of assisted properties. Remittances to the City shall be accompanied by payment
records provided by the mortgage servicer.
COST CATEGORIES
Generally, costs must be necessary, reasonable and directly related to the grant. In accordance with the
statement of purpose and intent, the following eligible cost categories have been established: acquisition
of real property, including, but not limited to, appraisals, purchase cost, and closing fees; rehabilitation
construction and holding costs associated with the property acquired and rehabbed with CDBG finds.
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 prior written approval from the
Department of Community Investment.
PRIOR APPROVAL
Prior written approval from the Department of Community Investment will be required in order to expend
funds for cost categories, types of activities, or locations not listed above. Prior written approval must
also be obtained for any reductions, deletions, or additions to the approved line item budget.
FINANCIAL AND ADMINISTRATIVE REPORTS
The Agency shall use the Reimbursement and Progress Report supplied by the City for submission of
claims and activity status reports to the City. The Progress Report must include summary of activities
conducted over the reporting period. The Agency understands that claims for reimbursement of expenses
(goldenrod forms) shall be accompanied by proper documentation (check copies, invoices, staff time
distributions, etc.)
The City reserves the right to refuse any or all claims not properly supported with adequate and proper
documentation of claims and activity progress.
14
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
STATE OF
(Must be completed for all quotes and bids. Please type or print)
) 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. 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
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.
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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.
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
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
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). 1
hereby certify that I and all subcontractors employed by me for this project will use steel products or
foundry products made in the United States on this project if awarded. I understand I have an
affirmative duty to notify the City in my bid that my proposal does not include the use of steel products
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.
Dated this c� 7 ( day ofsJ,x n. , 20 /7
9a kl, k'' f F0 K 9"'M a n rf's n F ISf, �osc� h
Contr cto r/Bidd er.(Firm) CG t*n•
Signature of Cclractor/Bid'der or Its Agent
�Ja' 126 R a'-5j �kP c-(t V e
Printed Name and Title
f'�ecfo✓
Subscribed and sworn to before me this o 3' `t day of \icc� 20 /7
My Commission Expires VunC �4 2,0Z3
County of Residence
Non -Collusion Nan -Debarment Affidavit Non Iran Form 2016
Notary Public
'Jz,.Scap 4 .
ELENA FLYNN
;t. Joseph County
EEEz—_
Nly Commission Expires
June 4, 2023