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HomeMy WebLinkAboutContract - DCI - AIDS Ministries-AIDS Assist of North Indiana - Subsidize Costs of Providing Emergencty Shelter & Rental Assistance for AIDS Ministries Clients2017 EMERGENCY SOLUTIONS GRANT PROGRAM CONTRACT AIDS Ministries / AIDS Assist of North Indiana, Inc. Emergency Shelter Operations & Rapid Rehousing Activities 17-JE-02 THIS AGREEMENT is entered into this day ofDc AV 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 AIDS Ministries / AIDS Assist of North Indiana, Inc. (the "Agency"). This award is granted under CFDA 14.231, Emergency Solutions Grant Program, U.S. Department of Housing and Urban Development, Office of Community Planning and Development, Grant Number E-17-MC-18-0011. WHEREAS, the City has received a grant ("Grant") under the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), May 20, 2009 which consolidates three of the separate homeless assistance programs administered by U.S. Department of Housing and Urban Development (HUD) under the McKinney-Vento Homeless Assistance Act into a single grant program, and revises the Emergency Shelter Grants program and renames it as the Emergency Solutions Grants (ESG) program, effective January 4, 2012, and WHEREAS, pursuant to the Grant the City is undertaking certain activities, and WHEREAS, the City desires to engage the Agency to give certain assistance in connection with such undertakings and the Agency desires to perform the activities identified herein, and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, 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. "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. C. "Program" means the Emergency Solutions Grant approved by HUD as the same may be amended from time to time. 2. SCOPE OF SERVICES / PROJECT DESCRIPTION: The Agency shall perform all services according to the Scope of Services / Project Description attached as Appendix I and made a pant 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 attached as Appendix 1, the approved Budget (Appendix 1), 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 solq discretion of the City. 6. AWARD: It is expressly understood and agreed that in no event will the City pay the Agency more than $49,006.00 (forty-nine thousand six dollars) 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: 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 regarding how the funds can be used. 8. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Agency agrees to comply with the provisions of 24 CFR 576.57(b) 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 / Project 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 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 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 periodic progress reports as established in the Scope of Services / Project Description attached as Appendix 1. 3. Non -Expendable Property. (a) Inventorv. 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 replacement and upkeep of all such property. 2 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. City and Federal Audits. (a) Agencies with expenditures totaling $750,000 or more from all federal sources for the most recent ended fiscal year shall have a Single Audit conducted in accordance with the Single Audit Act, OMB Circular A-133 and Generally Accepted Government Auditing Standards for that fiscal year. Agencies that do not qualify for an A-133 audit shall submit a CPA Audited Financial Statement, or at a minimum a Certified Annual Financial Statement (CFA). Audited Financial Statements and CFAs will be accepted only from those agencies that can document they did not qualify for an A-133 audit. Agencies shall ensure that their independent auditors conduct the proper type of audit. A-133 Single Audits shall be submitted to the City no later than nine (9) months after the end of the agency's fiscal year; CPA Audited Financial Statements and CFAs shall be submitted no later than six (6) months after the end of the 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 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 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 Contract. 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 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 Contract. F. Termination. 1. 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 3 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; (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 HUD 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 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 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. It is anticipated there will be no assets at the conclusion, cancellation, assignment or termination of this Contract. If there are the Agency shall contact the city for appropriate disposition under applicable OMB circulars. 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 of 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. 0 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 Emergency Solutions Grant activities. Specifically, 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. B. Title VIII, Civil Rights Act of 1968, as amended by the Pair 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 rnake 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, disability, familial status (having one or more children under age 18 and/or pregnant women), and national origin. The Secretary of I -IUD (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, national origin, disability, age, religion, and 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. Age Discrimination Act of 1975, which provides that no person shall on the basis of age, be excluded from participation in,'be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. E. Section 504 of the Rehabilitation Act of 1973, which provides that disabled 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. P. Executive Order 11063, as amended by Executive Order 12259, which requires equal opportunity in housing and related facilities provided by federal financial assistance. G. Executive Order 11246, as amended by Executive Orders 11375, 12086, and 13672 which prohibits discrimination on the ground of race, color, religion, disability, sex, national origin, sexual orientation, or gender identity 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. H. 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. hi 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: 1. 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: "The work to be performed under this Contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(u). Section 3 requires that to the greatest extent feasible, opportunities for training and employment he 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. " 2. The parties to this Contract will comply with the provisions of Section 3 and the regulation issued pursuant thereto by the Secretary of Housing and Urban Development set forth in Title Twenty -Four Code of Federal Regulations (24 CFR), and all applicable rules and orders of the Department issued thereunder prior to the execution of this 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. 3. 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. 4. 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 CPR. 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. 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 the 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 CFR. 6 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 576.408, 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. 576.407(d), 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, 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. F. 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 Protection Act of 1973 (42 U.S.C. 4001, et seq.) and regulations pursuant to it. H. Building Standards. The Agency agrees that any building for which Emergency Solutions Grant Funds are used will comply with the provisions of 24 C.F.R. 576.403. I. Recordkeeping. The Agency Agrees to comply with the recordkeeping and confidentiality standards detailed in 24 C.F.R. 576.500, J. Use as an Emergency Shelter. The Agency agrees to the use restrictions contained in 24 C.F.R. 576.102. K. Homeless Assistance. The Agency agrees to comply with the provisions in 24 C.F.R. 576.405 concerning assistance and participation of homeless individuals in the program. L. _Displacement. The Agency agrees to minimize displacement of persons as a result of the project as discussed in 24 C.F.R. 576.408. M. Eligible Activities. The Agency agrees that Emergency Solutions Grant Funds will be used only for eligible activities discussed in 24 C.F.R. 576.100. N. McKinney-Vento Act. The Agency agrees to abide by the new requirements of the McKinney- Vento Act, 42 U.S.C. § 11371 et seq. as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (Pub. L. 111-22) (HEARTH Act), 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. 7 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. P. Identi1y 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 there under (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. PROHIBITIONS: A. Prohibition Against Pa meats 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. 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 whorn 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 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 Connnunio� 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 contract shall be used for any candidate for public office or for political activities. E. Prohibition of and Elimination of head -Based Paint Hazard. Notwithstanding any other provision, the Agency agrees to comply with the regulations set forth in 24 CFR 576.403(a) and all applicable rules and orders issued there under 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 579.403(a). F. Prohibition of Assistance for Religious Activities and/or Organizations. None of the funds, materials, property or services provided under this Contract may be used to promote religious activities or to assist religious organizations in promoting secular activities unless specifically allowed under 24 CFR 576.406. G. LobbyingProhibited. rohibited. 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. 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 finds 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 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 contract; 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, lneli ibili and Voluntar Exclusion Lower 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 ftorn 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 9 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 Contract. Unarmed 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 the new requirements of the McKinney- Vento Act, 42 U.S.C. § 11371 et seq. as amended by the Homeless Emergency and Rapid Transition to Housing Act of 2009 (Pub. L. 111-22) (HEARTH Act), 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 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. 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. 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. 10 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. IN WITNESS WHEREOF, the City and the Agency have executed this contract as of the date first above written. EMERGENCY SHELTER OPERATIONS RAPID REHOUSING ACTIVITIES AIDS Ministries/AIDS Assist of North Indiana Inc. BY: NiakajQ� TITLE: BXeCCuAAAy(2, ?(mrC in D (0 ck�c DATE: �l i N 1 APPROVED FOR CITY OF SOUTH BEND cvr � c. Pamela C. Meyer, D' ctor Neighborhood Engagement DEPARTMENT OF COMMUNITY INVESTMENT CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 4 Gary A. Gilot, President Suzanna M. Fritzberg, Member Elizabeth A. Maradik, Member Therese J. Dora , Member James A. Mueller, Member � �L ATTE�I : IVY - CLERK DATE: /0 1 APPENDIX I SCOPE OF SERVICES — PROJECT DESCRIPTION 2017 EMERGENCY SOLUTIONS GRANT PROGRAM CONTRACT AIDS Ministries / AIDS Assist of North Indiana, lite. Emergency Shelter Operations & Rapid Rehousing Services 17-JE-02 Emergency Shelter Operations: 1/01/2017 — 12/31/2017 Rapid Re -Housing Activities: 18 Months fi•om Date of Contract STATEMENT OF PURPOSE AND INTENT: The purpose of AIDS Ministries / AIDS Assist of North Indiana, Inc.'s grant is to fund emergency shelter operations at the emergency shelter located at 219/222 S. William Street, South Bend, and to rapidly re- house individuals and families that enter the AIDS Ministries / AIDS Assist program, in accordance with the requirements in 24 CFR 576.102; 576.105; 576.106 and 576.400. PROPOSED GOAL(S): The targeted goal for AIDS Ministries / AIDS Assist of North Indiana, Inc.'s Emergency Shelter Operations and Rapid Rehousing Services activities is to assist homeless individuals and families that are residents of its shelter facility at 219/222 S. William Street, South Bend, and/or participate in the agency's programs. Emergency Shelter Operations costs include: • Utility costs at 219/222 S. William Street, South Bend (gas, electric, water, phone) Rapid Rehousing Activities costs include: • Rent • Moving Expenses Homeless Individuals and families must meet the criteria under paragraph (1) of the "homeless" definition in 576.2 or meet the criteria under paragraph (4) of the "homeless" definition and live in an emergency shelter or other place described in paragraph (1) of the "homeless" definition. TIMETABLE: The Emergency Shelter activity shall commence as of January 1, 2017 and shall continue to and include December 31, 2017. All funds unobligated by December 31, 2017 and all funds unspent by January 31, 2018 will be subject to reprogramming at the option of the City. The Rapid Re -Housing activity shall commence as of the date of this contract and shall continue for eighteen (18) months. All funds unobligated by the end of the eighteenth (18't') month and all funds unspent by the end of the nineteenth (19"') month will be subject to reprogramming at the option of the City. COST CATEGORIES: Costs must be necessary, reasonable and directly related to the grant in accordance with the Statement of Purpose of Intent. Eligible cost categories are: Emergency Shelter as defined at 24 CFR Part 576.102 and Housing Relocation and Stabilization Services as defined at 24 CFR Part 576.105 and 24 CFR Part 576.106. PROGRAM BUDGET: The total cost of the AIDS Ministries / AIDS Assist of North Indiana, Inc. 2017 Emergency Solutions Grant shall not exceed $49,006.00. The Emergency Shelter portion shall not exceed $21,406.00, and the Rapid Rehousing portion shall not exceed $27,600.00. MATCH CONTRIBUTION: The match contribution to be made to the Emergency Shelter and Rapid Re -Housing activities shall be no 12 less than 100% of the total ESG monies in the activity or $49,006.00 and shall be spent on ESG eligible activities per 24 CFR 576.201. The agreed upon eligible match contribution for this activity is from the following source(s): 0 Housing Specialist salary Proper documentation of match dollars used in the activity must be kept in project files and submitted to the City upon request. 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. At a minimum, a report must be submitted on a quarterly basis. The City reserves the right to refuse any or all claims not properly suppoiled with adequate and proper documentation of claims and activity progress. 13 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. 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 falls 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 Nan -Collusion Non -Debarment Affidavit Non Iran Farm 2016 orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, 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. 5-16-5-1). 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 � day of Q 20 Mi�1tSYieS /M051i�� Contractor/Bidder (Firm) GkA_Wa��_ Signature of C nt actor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this day of S4-- e n6-tL-90 1-7 My Commission Expires I" Ct- d S County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Notary Pub ANTHONY W. TREND' NOTARY PUBLIC SEAL ST. JOSEPH COUNTY, STATE OF INDIANA MY COMM. EXPIRES JANUARY 09, 2025 COMMISSION NO.695022 I Ell