HomeMy WebLinkAboutAgreement - Center for the HomelessAGREEMENT FOR PROGRAMS AND SERVICES WITH
THE CENTER FOR THE HOMELESS, INC.
(PROGRAMS AND SERVICES)
T IS AG EMENT (the or this "Agreement") is made effective the
day of , 2017, by and between the CITY OF SOUTH BEND,
INDIAN , a nicipal corporation organized and operating under the laws of the State
of Indiana, acting by and through its Board of Public Works (collectively the "City") and
THE CENTER FOR THE HOMELESS, INC. (the "Organization").
RECITALS
WHEREAS, the Organization is an Indiana non-profit corporation, with a
mission to break the cycle of homelessness; bring people together to discover the worth,
dignity, and potential of one another; and pioneer a service model worthy of replication;
and
WHEREAS the Organization has been the lead agency for the St. Joseph County
Homeless Continuum of Care; is leading the merger of the local Continuum with the
Balance of State Continuum; and manages the Homeless Management Information
System (HMIS) for homeless data collection among local service providers; and
WHEREAS, the Organization has represented that it is a duly existing non-profit
corporation under Indiana law and exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code, as evidenced by the copy of the Indiana
Secretary of State's Certificate of Existence for the Organization and the copy of its Tax -
exemption Letter issued by the Internal Revenue Service, respectively attached as
Appendix I and Appendix II; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, which services and programs are more particularly
described at Exhibit A (collectively, the "Program"); and
WHEREAS, the Organization is duly qualified to provide for, oversee and
administer the Program; and
WHEREAS, the City has appropriated funds for the Program in the amount of
Forty Thousand Dollars ($40,000.00) (the "Contract Amount"); and
WHEREAS, the City believes that the actions contemplated by this Agreement
are in the best interests of the health, safety and welfare of the City and its residents and
that such actions comply with the public purposes and applicable provisions of federal,
state and local law.
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
1. Contract Ainount and Tenn, The Organization shall provide the Program
on behalf of the City for the Contract Amount for the period commencing September 1,
2017 and ending August 31, 2018. The schedule for the Program is set forth at Exhibit B
(the "Program Schedule"). The Organization shall submit monthly reports to the
Contract Administrator with requests for reimbursements on the 151, of each month
beginning with October 15, 2017 through September 15, 2018.
2. Program Budget. The Program budget is set forth at Exhibit C hereto (the
"Budget"), which exhibit is hereby incorporated herein by reference. The Organization
shall not seek from the City more than the Contract Amount for any expenses related to
the Program or otherwise. The Organization shall use the Contract Amount to implement
the Program in conformance with the Budget and for no other purpose.
3. Compensation for Program. Upon both parties' execution of this
Agreement, the City will reimburse the Organization based on monthly documentation of
time costs in carrying out the Program. To request such reimbursement, the Organization
will submit to the Contract Administrator (as defined below) satisfactory documentation,
including at least (a) an invoice detailing the expenses the Organization seeks to have
reimbursed, and (b) a report summarizing disbursements and expenditures of the Contract
Amount to date by the line items set forth in the Budget and describing the progress of
the Organization's implementation of the Program. Wherever possible, the Organization
will not request reimbursement of less than Two Thousand Dollars ($2,000) at a time.
By way of example, the Organization may request reimbursement for $3,000 in expenses
by providing an invoice detailing those particular expenses, and a progress report
showing the disbursements and expenditures of the Contract Amount (exclusive of the
$3,000 in expenses the Organization seeks to have reimbursed). The City may withhold
any payments under this Agreement in the event the Contract Administrator determines
that the Organization is materially failing to complete the Program in accordance with
this Agreement.
4. Design and Implementation of Program. To the extent not set forth in
Exhibit A, Exhibit B and Exhibit C, the Organization shall be solely responsible for the
design and implementation of the Program, unless specifically directed otherwise by the
City, the City's Internal Auditor (as defined herein), or the Director of Neighborhood
Engagement or any person appointed by said Director or the City to administer this
Agreement (the "Contract Administrator"). The Program and this Agreement must be
performed and administered in accordance with all applicable federal, state and local
laws. The Organization shall use the Contract Amount only for activities related to the
Program.
5. Termination of _Aj.,yeement. If the City Controller makes a written
determination that Rinds are not appropriated or are otherwise unavailable to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or are otherwise unavailable to support the
continuation of performance shall be final and conclusive. Effective thirty (30) days after
delivery of a written termination notice, the City may terminate this Agreement, in whole
or in part, for any reason, if the City determines that such termination is in the best
interest of the City. The Organization shall be compensated for completion of the
Program properly done prior to the effective date of termination. The City will not be
liable for work on the Program performed after the effective date of termination. In no
case shall total payment made to the Organization exceed the original Contract Amount.
6. Remedies for Breach of Contract. Failure to complete the Program in
accordance with this Agreement may be considered a material breach, and shall entitle
the City to impose sanctions against the Organization including, but not limited to,
suspension of all payments, and/or suspension of the Organization's involvement in the
Program, on behalf of the City. The Organization shall repay any portion of the Contract
Amount expended for matters not within the scope of the Program or the Budget. In
addition to the foregoing, the City may pursue any and all remedies available to it at law
or in equity.
7. Maintenance of Records, Access to Records. The Organization shall keep
a written record, in a form acceptable to the City, related to the use and expenditure of the
Contract Amount. Within thirty (30) days of the expiration or termination of this
Agreement, the Organization shall provide the City with a final accounting of the use and
disposition of the Contract Amount by the Organization. Unless otherwise authorized by
the City or required by law, such records shall be maintained by the Organization for a
period of four (4) years of the date of this Agreement. The Organization understands and
agrees to comply with the legal requirements of Indiana Code § 5-14-3-1 et seq.
(commonly known as Indiana's Access to Public Records Act), if applicable, with respect
to all documentation related to the Contract Amount.
8. Federal Funds; Audit Requirements. The Organization expressly
acknowledges that all or a portion of the Contract Amount will be paid by the City using
federal Rinds subject to reporting and audit requirements provided by federal law. The
Organization agrees to cooperate in good faith with the City and to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, and the
Contract Administrator as requested to comply with any reporting requirement or audit
request related to the receipt and use of the Contract Amount and the Organization's
performance in delivering the Program in accordance with the provisions of this
Agreement. If requested by the City or the Contract Administrator, the Organization
shall provide the City a progress report on the Program. If requested by the City or the
City's Internal Auditor, the Organization shall arrange for a financial and compliance
audit of the Contract Amount to be conducted by an independent public or certified
public accountant (or as applicable, the Indiana State Board of Accounts) and in
accordance with applicable Indiana State Board of Accounts standards. The City's
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Internal Auditor shall mean the City Controller or Acting City Controller appointed
pursuant to Indiana Code § 36--4-9---6 (the "City Controller") or any person appointed or
retained by the City Controller or the City for the purpose of auditing the Organization
for this Agreement or other agreements of the City.
9. Conflicts of Interest. The Organization hereby certifies and agrees that no
member, officer, or employee of the City, or its designees or agents, and no member of
the governing body of the City of South Bend or the Organization (and no one with
whom there is a family or business tie) who exercises any functions or responsibilities
with respect to the receipt and use of City funds during his or her tenure or for one year
thereafter, shall have any financial benefit, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
Program. To the extent the Program involves the awarding of a contract or grant, the
Organization shall not award the same to a person or entity that creates a conflict of
interest described in Indiana Code § 5-16-11-5.5.
10. Relationship. The Organization shall at all times be an independent
contractor for the performance of the Program rather than an employee of the City, and
no act, action or omission to act by the Organization shall in any way bind or obligate the
City. This Agreement is strictly for the benefit of the parties and not for any third -party
or person. This Agreement was negotiated by the parties at arm's length and each of the
parties hereto has reviewed the Agreement after the opportunity to consult with
independent legal counsel. Neither party shall maintain that the language in the
Agreement shall be construed against any signatory hereto. The City and the
Organization hereby renounce the existence of any form of agency relationship, joint
venture or partnership between the Organization and the City and agree that nothing
contained herein or in any document executed in connection herewith shall be construed
as creating any such relationship between the City and the Organization.
11. Notices. Any notice required or permitted to be delivered hereunder shall
be deemed to be delivered when deposited in the United States Postal Service, postage
prepaid, registered or certified mail, return receipt requested, addressed to the City or the
Organization, as the case may be, at the address set forth below.
Organization:
Steve Camilleri
Executive Director
Center for the Homeless Inc.
813 S. Michigan Street
South Bend, IN 46601
Cam:
Pamela C. Meyer
Director, Neighborhood Engagement
Department of Community Investment
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601
12. fqual 4ppor-tunin). The Organization shall comply with federal, state and
local laws in its hiring and employment practices and policies for any activity covered by
this Agreement.
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13. Entire Agreement and Amendment. This Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and
merges and supersedes all prior discussions, agreements, and understanding of any and
every nature between them. This Agreement may be amended only by separate writing,
approved by both the Organization and the City.
14. Additional Representations. The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they
are the duly authorized officers of the Organization and have been fully empowered to
execute and deliver this Agreement and that all necessary corporate action has been taken
and done.
15. Non -Collusion can A,rceptanee. Prior to the City's execution of this
-
Agreement, the Organization will execute and file 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 III.
(remainder ofpage intentionally left blank)
15.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Date: , 2017
Gary A. Gilot, President
Therese J. Dckau, Member
- 2L�,
Elizabeth A. Maradik, Member
James A. Mueller, Member
Suzanna M. Fritzberg, Member
ATTEST:
I A
CENTER FOR THE HOMELESS INC.
EXHIBIT A
Program Description.
The Organization shall provide services dedicated to the design,
development and management of the Public Law 111-22 ("PI,111-22") Division
B, the "Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009" ("HEARTH ACT").
Such services are more specifically defined below related to the coordination with
and, implementation of, the St. Joseph County Homeless Continuum of Care
merger with the Balance of State Continuum (BOS) that includes but is not
limited to implementation of a Coordinated Entry system no later than January 28,
2018;
Design and develop coordinated entry (CE) system for Permanent Supportive Housing in
conjunction with the Balance of the State Continuum of Care (I30S) and St. Joseph
Homeless Region 2a Planning Council
Assist the BOS and Region 2a Planning Council in the development, implementation and
monitoring of policies and procedures, workflows and data collection efforts.
Assist the BOS and Region 2a Planning Council through the process of transition from
the St. Joseph County HMIS to the BOS HMIS
Provide training on all aspects of CE and use of the VI-SPIDAT assessment tool.
Work with the BOS and Region 2a Planning Council to integrate CE with the BOS HMIS
Prior to HMIS and CE integration, manually creates and maintains the CE waitlist based
on agreed upon priorities.
Maintain relationship and communicate regularly with all service provider lead point
persons for CE.
Asses and analyze CE system/data to monitor and improve the system.
Coordinate, facilitate and/or participate in meetings and calls to monitor and remove
barriers to shelter, homeless prevention and diversion resources on behalf of the CE
system.
Chair a Region 2a Permanent Supportive Housing working group/subcommittee
comprised of representatives from each PSH provider focused on case managing
unsheltered individuals and providing feedback on CE system
Assist with the development of an expanded or enhanced CE system, including
additional housing or other support services.
Coordinate and oversee the 2018 Point and Time Count of Homeless individuals in St.
Joseph County
Provide excellent customer service to stakeholders, including people experiencing
homelessness, case managers, housing providers, etc.
Document performance and challenges of the CE system.
Ensure confidentiality.
EXHIBIT B
Program Schedule
The Organization shall provide the Program as described in Exhibit A during the period of
September 1, 2017 — August 31, 2018.
EXHIBIT C
Program Budget
Total Cost for Programs and Services
City of South Bend
Center for the Homeless
$44,342
Salary
$3,547
Employer portion of taxes
$5,121
Benefits
$53,010
Total
$40,000
$13,010
Eligible costs include: salary and benefit costs.
APPENDIX I
Certificate of Existence
(issued within last 50 days evidencing that the Organization is in good standing)
BUSINESS INFORMATION
CONNIE LAWSON
INDIANA SECRETARY OF STATE
08/10/2017 04:53 PM
Business Name: THE CENTER FOR THE HOMELESS, Business ID: 1988012425
INC.
Entity Type: Domestic Nonprofit Corporation Business Status: Active
Creation Date: 01/26/1988 Inactive Date:
Type: Individual
Name: STEPHEN H. CAMILLERI, EXECUTIVE DIRECTOR
Address: 813 S MICHIGAN ST, SOUTH SEND, IN, 46601 - 3102, USA
APPENDIX II
Copy of Federal Tax -Exemption Letter
INTERNAL REVINUE SERVICE
018TRYCT DIRECTOR
INCINNATIv CH 45201
iJates
JGW i 1 10193
THE CENTER FOR THE HOMELESS INC
313 5 M ICHIGAN
SOUTH WaT IN 46601
Dear Applicant:
DEPARTMENT OF THE YRRASURY
Employer wntificattion Number:
35-•176854 4
Contact Mrs=
ZENTA LUK
Contait Telephone Number:
(513) 684-3679
Our Letter Wed!
August 11v 1989'
Addendum Applies-.
No
' Th is god 1 f i es our l attar of the above date i a "h i ch, tie stated that you
Mould be treated as ,aWorgantzation that is UK a0rivate foundation antil the
expiration of your advA ine ruling period.
Your exempt: status under' section 501 (a) of the In terns l Revenue Code as are
organ tzoti on descri #sett ' I n section 501(c) (3) is still in effect. Easdd 00 the
inforoation you subwIttteds we have 'determined that Vau are nut` a private
jandation within the meaning of section W(a) of W Coda because you are an
.,r•ganiyation of the type described in section 609(A) CIX and 170(b) W (A) I).,
Grantors and contributors may rely on this determ i uati on un t ass the
in-teraa l Revenue Service publishes notice to the contrary. However, If you
lose your section 509(a) (1) st;atw5v a grantor or contributor may not.rely on
this determination If he or she rtas in part respo"alble f'or'i or Ras aware off
She act or fa i Iur•e Q acty or the substantial or material change on theprar't of
the organization that resulted in your loss of each statusi or if he -Or she
acqu i rest knowledge. that the Internal Revenue Service had given notice that you
noutd no longer he classifjed as a sect005090)(1) organkat:iou.
If we hAve Indicated In the beadloo of this letter- that an addendum
appliesi the addendum Inclosed is an integral learn of this letter.
Because this letter could help rejolve any tiuestians about your private
foundation status v p l ease , keep it in your permanent regards.
21
If y*u have any guestionsl please contact the pers?n "hose name and
telephone nugher are shout above. a
f
Sincerely yours, 9'
District Director
L;b fir; 1050100/CG)
APPENDIX III
Form of Affidavit
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 li,1n4ersigned 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.
As provided by Ind. Code § 5-22-16.S-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.
Nan -Collusion Non -Debarment Affidavit Non [ran 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
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