HomeMy WebLinkAboutContract - DCI - Near Northwest Neighborhood Revitalization Organization - Provide Development Costs for New Construction of Single Family Home at 808 N Hill StreetAGREEMENT FOR PROGRAMS AND SERVICES WITH
NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION
(REDEVELOPMENT OF VACANT OR DEMOLISHED PROPERTIES)
NEIGHBORHOOD STABILIZATION PROGRAM 3
808 N. Hill Street, South Bend 46617
17-JO-21
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THIS AGU EMENT (the or this "Agreement") is made effective the �0 vL day
of 2017, by and between the CITY OF SOUTH BEND,
, ,
INDIANA, a municipal 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
NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION (the
"Organization"). This award is granted under CFDA 14.218, Neighborhood Stabilization
Program 3 (NSP3), Department of Housing and Urban Development, Office of Community
Planning and Development, Grant Number B-11-NIN-18-0011.
RECITALS
WHEREAS, the City is empowered under the authority of Ordinance No. 10097-
11 adopted by the South Bend Common Council, the legislative body of the City, pursuant
to Indiana Code § 36-1-3-6(b)(1) to enter into this Agreement; and
WHEREAS, the City finds that there are neighborhoods within the City of South
Bend which have vacant parcels or parcels containing sub -standard structures which will
be demolished by the City and which neighborhoods contain a significant number of low
/ and moderate income individuals and families and which are at risk of developing the
conditions set forth at Indiana Code § 36-7-1-3 without additional services being provided
in those areas; and
WHEREAS, the Organization is an Indiana not -for -profit corporation, whose
mission is to develop communities with people in need by building and renovating houses'
so that there are decent houses in decent communities; and
WHEREAS, the Organization 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; and
WHEREAS, the City desires to provide for the construction of certain residential
structures for sale to low -moderate income households 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 Four /
Hundred and Six Thousand and 00/100 Dollars ($406,000.00) (the "Contract Amount") as
required by Indiana Code § 5--22-17-3 and the Contract Amount does not exceed such
appropriation; 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 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:
I. Contract Amount and Term. The Organization shall provide the programs
and services set forth at Exhibit A (the "Program") on behalf of the City, for the Contract /
Amount for the period commencing January 1, 2017 and ending December 31, 2018. The
approved schedule for the Program is set forth at Exhibit B. The Organization shall submit
progress reports showing progress of the Program to the Contract Administrator with each
claim for reimbursement.
2. Program Bud et and Bud et Modi ication. The approved 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 Project or otherwise. The Organization shall only
use the Contract Amount to implement the Project or provide the services in conformance
with the Budget and for no other purpose.
3. Compensation for Program. All payments shall be made upon submission
of invoices for reimbursement of expenses incurred during the contract term provided that
the Organization provides an invoice and sufficient evidence to the Contract Administrator
(as defined herein) for such expenses including, but not limited to, a budget expenditure
report summarizing disbursements and expenditures of the Contract Amount by the line
items set forth in the Program Budget. With any invoice for services required for payment
hereunder, the Organization shall submit a report to the Contract Administrator showing
the progress of the Program.
4. Design and Implementation of Program. To the extent not set forth in
Exhibit A, Exhibit B, Exhibit C, and Exhibit D 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 the
Department of Community Investment 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 law. The Organization shall use the Contract Amount only for activities
related to the Program. The Organization shall further enter into a written agreement
documenting the disbursement of funds attributable to the Contract Amount.
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S. Termination of Agreement. If the City Controller makes a written
determination that funds are not appropriated or otherwise not available to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or otherwise not available 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 preformed after the effective date of termination. In no case shall
total payment made to the Organization exceed the original Contract Amount.
b. 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.
Failure to comply with the approved house design stated in Exhibit A or failure to complete
the terms of this Agreement in accordance with the Timetable stated in Exhibit A shall be
considered as a material breach of this Agreement and shall entitle the City to exercise a
right of reversion with respect to any property developed by the Organization using funds
from this Agreement. Failure to reinvest the proceeds from the sale of the first two homes
constructed into the development of a minimum of two additional homes, as provided in
the Targeted Goals stated in Exhibit A shall entitle the City to recover said proceeds as
damages. The Organization shall repay any portion of the Contract Amount expended for
matters not within the scope of the Program or the Budget.
7. Maintenance o 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 City with a final accounting of the use and
disposition of any funds paid to the Organization pursuant to this Agreement. 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. Audit Requirements. The Organization agrees 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 audit 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 Contract. If requested by the City or the Contract
Administrator, the Organization shall provide the City with 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
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Board of Accounts) and in accordance with applicable Indiana State Board of Account
standards. The City 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.
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.
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 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, whether or not actually received, 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.
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Organization:
Marco Mariani
Northeast Neighborhood
Revitalization Organization
803 Lincolnway West
South Bend, IN 46616
City:
Pamela C. Meyer, Director
Neighborhood Engagement
Department of Community Investment
City of South Bend, Indiana
227 W. Jefferson Boulevard, 1400E
South Bend, IN 46601-1830
12, Equal Qportunity. The Organization shall comply with federal, state and
local law in its hiring and employment practices and policies for any activity covered by
this Agreement except that the Organization may accept volunteer work in completing the
Program.
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 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 froze participation in, be
denied benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
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E. Executive Order 11063, as amended by Executive Order 12259, which
requires equal opportunity in housing and related facilities provided by
federal financial assistance.
F. 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 from 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. 170lu (Section 3). The purpose 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 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 i
requirements.
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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 Contractor 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
CFR, 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.
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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, et 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
from time to time by the City of South Bend's Department of Community and
Economic Development. The Agency shall include in all applicable construction
contracts 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.
R 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.
1. 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 Wor Lace: 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 dzug-free workplace; (3) any available drug counseling, /
rehabilitation, and employee assistance programs; and (4) the penalties that may be
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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.
B. Prohibition Aizainst 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:
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
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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 NSP3 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 NSP3-assisted activity, or have a
financial interest in any contract, subcontract, or agreement with respect to
a NSP3-assisted activity, or with respect to the proceeds of the NSP3-
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/or Organizations. Organizations that are religious or faith -based are
eligible, on the same basis as any other organization, to participate in the NSP3
program. An organization that participates in the NSP3 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).
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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 Re a� rding 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 malting 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
contract, grant, loan, or cooperative agreement, the undersigned representative of
the Agency shall complete and submit Standard Forth-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.
18. Certification Regarding- Debarment, Suspension, Ineli ig.biliiy 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):
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Certification Regarding Debarment, Suspension, Ineligibilityand
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 Re dations: 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. 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 § 3 5-44---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 EXHIBIT E prior to the City's
approval of this Agreement.
21, Claims Against Ci : 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.
(remainder ofpage intentionally left blank)
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3
I
EXHIBIT A: PROGRAM DESCRIPTION
NORTHEAST NEIGHBORHOOD REVITALIZATION ORGANIZATION
REDEVELOPMENT OF VACANT OR DEMOLISHED PROPERTIES
17-JO-21
1/01/17—12/31/18
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 objectives of "creating a suitable living environment, decent housing,
and creating economic opportunities" for all persons. In attempting to achieve the objectives of
the Neighborhood Stabilization Program 3 (NSP3) the City of South Bend 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 Northeast Neighborhood Revitalization
Organization to conduct the redevelopment of vacant and demolished properties activity to
complement neighborhood development.
TARGETED GOALS
The targeted goal for the Redevelopment of Vacant and Demolished Properties Activity (17-JO-
21) is the redevelopment of one (1) home.
The home will be redeveloped through new construction on a lot cleared from demolished
structures or on vacant property that meets NSP3 program criteria. The home will be sold to a
low/mod/middle income household.
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.
ACTIVITY SERVICE AREA
The activities under this contract are to be carried out at: 808 N. Hill Street, South Bend, 46617.
GUIDELINES: INCOME AND AFFORDABILITY GUIDELINES
Inconze
Households with income in the low/mod/middle income range (at or below 120% Area Median
Income), as defined from time to time by HUD, are eligible applicants for assistance at this
location under this activity.
Households with income in the low or moderate income range (as defined from time to time by
HUD) are eligible applicants for assistance under this activity. Annual limits as of June 15, 2017
are:
15
FY 2017 Income Limits (Effective June 15, 2017)
1-Person
2-Person
3-Person
4-Person
5-Person
6-Person
7-Person
8-Person
Household
Household
Household
Household
Household
Household
Household
Household
30%
12,850
14,650
16,500
18,300
19,800
21,250
22,700
24,200
AMI
50%
21,350
24,400
27,450
30,500
32,950
35,400
37,850
40,300
AMI
60%
25,620
29,280
32,940
36,600
39,540
42,480
45,420
48,360
AMI
80%
34,200
39,050
43,950
48,800
52,750
56,650
60,550
64,450
AMI
Income limits are subject to change
Affordability Guidelines
HUD requires that grantees include provisions for long-term affordability: that the sale, rental, or
redevelopment of abandoned and foreclosed upon homes and residential properties remain
affordable. At a minimum, the City of South Bend will follow the HOME Investment
affordability guidelines for homebuyer and rental units assisted. The City's long term
affordability policy is as follows:
For Homebuyers;
Recapture Policy
The amount of equity to be returned to the initial home buyer of an affordable housing unit
rehabilitated with NSP3 Funds (Homeowner) (Unit), and the amount of NSP3 funds subject to
recapture as required of HOME funds under 24 CFR Pala 92, Section 92.254, with respect to
such Unit, will be determined as follows:
1. NSP3 funds expended for eligible activities in connection with the development of affordable
housing, and which are allocable to such unit, will not be recaptured upon the initial sale by the
recipient of NSP3 funds of such Unit.
2. NSP3 funds will be deemed allocated to a Unit (the Allocation) in accordance with the scope
of the project wholly or partially financed by such NSP3 funds. In the case of a project
consisting solely of affordable housing units, NSP3 funds shall be allocable to each Unit
developed by the project in the same proportion the NSP3 funds bear to the total of all funds
expended in completing the project.
3. The total NSP3 investment in the Unit that is subject to recapture upon sale of the Unit by the
Homeowner, and each subsequent sale during the minimum period described in paragraph
number 4, herein below (Recapture Amount) (Recapture Period), is that portion of the Allocation
that enabled the Homeowner to buy the Unit. This includes that portion of the Allocation used in
the form of a direct subsidy to the Homeowner that reduced the Homeowner's purchase price for
the Unit from the fair market value of the Unit (as determined by an independent appraisal of the
after -rehabilitation value of the Unit) to an affordable price (determined to be the Homeowner's
purchase price for the Unit).
16
The City of South Bend will recapture an amount that does not exceed the net sale proceeds from
the sale of the property. The City of South Bend will recapture the outstanding balance based on
the following "Recapture Amount" guidelines; however this amount shall never be greater than
the net sale proceeds. If there were no net sale proceeds then the City of South Bend would
recapture zero.
4. The Recapture Amount is subject to recapture under these guidelines for the following
minimum periods:
A. Five (5) years where the Allocation is less than $15,000.00;
B. Ten (10) years where the Allocation is $15,000.00 to $40,000.00;
C. Fifteen (15) years where the Allocation is greater than $40,000.00,
5. The deed effectuating the subsequent sale of the Unit by the Homeowner, and the deeds
effectuating each subsequent sale of the Unit during the Recapture Period, shall reflect the
balance of the Recapture Amount yet to be recaptured.
6. Upon the satisfaction of the recapture requirements with respect to any Unit, the City of South
Bend shall promptly issue a certificate of satisfaction regarding the same and cause the recording
of the same in the Office of the Recorder of St. Joseph County.
Resale Policy
The City of South Bend will utilize the resale policy when there is no direct subsidy to the
homeowner, but rather when there is a construction or development subsidy to the property. A
construction or development subsidy to the property occurs when the amount of NSP3 funds
invested in the property exceeds the fair market value of the property after rehab. In such cases
the property must be resold to an income eligible household making no more than 120% of AMI.
The sale price of the home will be determined by an appraisal, and the PITI will not exceed 30%
of the new buyer's monthly net income.
For Rentals:
The minimum affordability period required by NSP3 is to be the same as required by the HOME
program, which is:
NSP3 Investment per unit
Length of the
affordability
period
Less than $15,000
5 years
$15,000 to $40,000
10 years
More than $40,000
15 years
New construction of rental housing
20 years
Rent, occupancy and affordability requirements will be enforced with deed restrictions that shall
run with the land, and shall be in full force and effect until the date of affordability period has
expired. The recorded deed restriction shall state the number of years from the date of execution
the restriction shall be in affect and shall have a date of expiration (based on above table).
17
PROGRAM GUIDELINES
In addition, Neighborhood Stabilization Program 3 (NSP3) guidelines must be followed
including, but not limited to: documentation requirements, eligible home owners, and eligible
properties. Refer to Federal Regulations and the NSP3 Implementation Overview provided by
the City for guidance.
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, 2017, and shall continue to and include
December 31, 2018. All funds unobligated by December 31, 2018 and all funds unspent by
January 31, 2019 will be subject to reprogramming at the option of the City.
PROJECT BUDGET
The total NSP3 budget for the Redevelopment of Vacant or Demolished Properties activity
(1740-21) shall not exceed $210,000.00. It is understood that the developer fee cannot exceed
10.0% of funds expended or a maximum of $19,090.
Development Costs, including: $190,910.00
Pre -development (surveys, professional services, etc.)
Construction
Holding fees
Developer Fee (not to exceed) $ 19,090.00
$ 210,000.00
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 Division of Community Development.
PRIOR APPROVAL
To expend funds for cost categories, type of activities, or location not listed above will require
prior written approval from the Division of Community Development.
FINANCIAL AND ADMINISTRATIVE REPORTS
The Agency shall utilize the Reimbursement and Progress Report (R & P Report) supplied by the
City for submission of claims and activity status reports to the City. The Agency understands
that claims for reimbursement of expenses (goldenrod forms) shall be accompanied by a R & P
Report and 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.
EXHIBIT B: PROGRAM SCHEDULE
Costs may be incurred when the agency is notified to proceed by the Department of Community
Investment. This activity shall commence on January 1, 2017, and shall continue to and include
December 31, 2018,
19
EXHIBIT C: PROGRAM BUDGET
PROGRAM BUDGET
Development Costs, including: $190,910.00
Pre -development (surveys, professional services, etc.)
Construction
Holding fees
Developer Fee (not to exceed) $ 19,090.00
Total Budget $ 210,000.00
20
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
8. 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 entitles 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
orfoundry 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 .�O.r 207
lie4ff
Con ractor/Bidd (Firm)
Signature of Co I
tractor/Bidder or Its Agent
a/wo zy- L!&*_f , &&"'4
Printed Name and Title
Subscribed and sworn to before me this
My Commission Expires
Ja �OD73
County of Residence
Jessica K. Kitchens
Notary Public
SEAL
,:k1an County, State of Inuiana
MY t OMMission Expires November 20, 20ko
Commission No 673M
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016