Loading...
HomeMy WebLinkAboutContract - DCI - South Bend Heritage Foundation - Provide Development Costs for Rehabilitation of Property at 113 Garfield CourtCOMMUNITY DEVELOPMENT PROGRAM CONTRACT South Bend Heritage Foundation, Inc. Acquisition / Rehabilitation Activity 113 Garfield Court, South Bend 46601 16-JC-25 (01) THIS AGREEMENT is entered into this ® day of l J LA V - 12017, 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 South Bend Heritage Foundation, Inc„ (the "Agency" or "Contractor") for the Acquisition / Rehabilitation Activity. This award is granted under CFDA 14.218, Community Development Block Grant Program, U.S. Department of Housing and Urban Development, Office of Community Planning and Development, Grant Number B-16-MC-18-0011. WHEREAS, the City has received a grant under Title I of the Housing and Community Development Act of 1974, (P.L. 93-383), as amended, fiom the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, pursuant to this grant, the City is undertaking certain activities; and WHEREAS, the City desires to engage the Agency to give certain assistance in connection with such activities; NOW, THEREFORE, the City and the Agency do mutually agree as follows: 1. DEFINITIONS: As used in this Contract: A. Agency means the entity, whether public or private, which has the responsibility for administering a project or activity. B. Area means the corporate boundaries of the City of South Bend or one or more sections of the Neighborhood Revitalization Area as specifically delineated in the Scope of Services/Project Description, Appendix 1, of this Agreement. C. Contractor means an entity other than an Agency (except as noted in the Labor Standards Provisions), that furnishes to the City or to an Agency services or supplies (other than standard commercial supplies, office space or printing services). D. HUD means the United States Department of Housing and Urban Development or a person authorized to act on its behalf, E. Program means the Community Development Program approved by HUD as the same may be amended fi•om time to time. 2. SCOPE OF SERVICES/PROGRAM DESCRIPTION: The Agency shall perform all services according to the Scope of Services/Project Description attached as Appendix I and made a part of this Contract. 3. AMENDMENTS: Any revision to this Contract, including Appendices, shall be made by written amendment to this Contract and will be considered effective when approved by the City's Board of Public Works. 4. COMPLIANCE WITH APPROVED PROGRAM: All activities authorized by this Contract shall be performed in accordance with the Scope of Services/Project Description (Appendix I), the approved Budget (Appendix 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 sole discretion of the City. 6. AWARD: It is expressly understood and agreed that in no event will the City pay the Agency more than $231,640.00 for full and complete satisfactory performance of this Contract. The City shall compensate the Agency for fulfilling this Contract as provided in accordance with the terms and conditions contained herein. CDBG Program Contract Page 1 7. PROGRAM INCOME: Any gross income directly generated fi-om the use of the award funds shall be used only for those activities delineated in the Scope of Services/Program Description and all relevant provisions of this Contract shall apply to such activities. At the end of the program year, the City may require remittance of all or part of any program income balances (including investments thereof) held by the Agency (except for certain exceptions). Disposition of program income, as applicable, is outlined in the Scope of Services/Program Description, Appendix 1, and in compliance with 24 CFR 570.504(b) and (c). 8. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Agency agrees to comply with the provisions of 24 CFR 570.502 and its applicable requirements and standards which include but are not limited to the following: A. Allowable and Allocable Costs. Costs must be necessary, reasonable and directly related to the Scope of Services/Program Description of this Contract. In addition, costs must be legal and proper. The Budget included in Appendix I shall control amounts of allowable expenditures within budget categories. B. Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers or other official documentation evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible. C. Restriction on Disbursements. No money under this Contract shall be disbursed by the Agency to any contractor except pursuant to a written contract which incorporates the applicable requirements of this Contract and HUD regulations and unless the contractor is in compliance with HUD requirements for applicable accounting and fiscal matters. D. Records and Reports: 1. Establishment and 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: (1) periodic progress reports as established in the Scope of Services/Project Description attached as Appendix I, and (2) a report at the conclusion of the project for which funds are provided under this Contract which summarizes the successes or failures of the assisted activity. Additionally, the Agency shall provide statistical data with respect to services provided or persons benefited under this Contract. (3) Non -expendable Property. (i) Inventory. The Agency shall keep inventory records, acceptable to the City, on all non -expendable property purchased under this Contract. The Agency shall submit an inventory record of all items at the end of the program year and resubmit it each program year with revisions as necessary. (ii) Insurance and Maintenance. For all non -expendable property purchased under this Contract, the Agency shall maintain sufficient insurance to cover the cost of replacement due to loss by fire, theft, or accidental damage. The Agency shall also be responsible for the maintenance and upkeep of all such property. 3. Cooperation with A e ncy. The City shall provide all available snaps, reports, and other data requested CDBG Program Contract Page 2 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: 1. City and Federal Audits. (a) The City shall require governmental agency and nonprofit agency audits consistent with 24 CFR Parts 84 and 85, respectively, for those agencies that have combined expenditures of federal financial assistance totaling Seven Hundred Fifty Thousand Dollars ($750,000) a year or more. 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 fi-om 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 nine (9) months after the end of the fiscal year. (b) The City may mare an examination of the Agency's fidelity bonding and fiscal and accounting procedures to determine whether these procedures meet the requirements of this Contract. (c) At any time during normal business hours and as often as the City, HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the City, HUD and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this Contract. Further, the Agency shall permit the City, HUD, and/or representatives of the Comptroller General to audit, examine and make excerpts of transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this 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. 1f, as a result of such review, it is the opinion of the City that revisions to the Scope of Services/Program Description are necessary or the methods employed by the Agency are inappropriate, the City may require such revisions by notifying the Agency in writing. Upon receipt of such notification of revision, the Agency shall, within ten (10) days, propose the manner in which such revisions shall be made. The proposed revisions shall be subject to the City's written approval and amendment to this Contract. 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 material respect; (c) ineffective or improper use of funds provided under this Contract; (d) failure of the Agency to supply the City with monthly reports and data necessary to the continuing planning process of the City; or (e) suspension or termination by HUD of the grant to the City under which this Contract is made, or the portion of it delegated by this Contract; provided, however, that if the grant is merely reduced and CDBG Program Contract Page 3 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. 3. 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 -Out. In the event the Agency does not expend the amount allocated under this Contract or the project is canceled, expired, assigned or terminated for any reason, any funds not claimed by the Agency and approved by the City for allowable costs by the end of the term or by the date of cancellation, expiration, or termination of this Contract, as the case may be, shall no longer be payable to the Agency under this Contract. H. Reversion of Assets. At the conclusion, cancellation, assignment or termination of this Contract, the disposition of assets under this Contract shall be in compliance with 24 CFR 570,502, 24 CFR 570.503, and 24 CFR 570.504 as applicable, which include but are not limited to the following: 1. Personal property and equipment acquired under this Contract shall revert to the City for disposition in compliance with 24 CFR 570.502. 2. Where there is a residual inventory of unused supplies in. excess of Five Thousand Dollars ($5,000) in total aggregate fair market value in which the Agency has vested title through acquisitions under this Contract, and where there is no need for said supplies for any other federally sponsored programs or projects, the Agency shall compensate the City for its share in compliance with 24 CFR 570.502. 3. The Agency shall transfer to the City any funds on hand and any accounts receivable attributable to the use of funds under this Contract at the time of expiration, cancellation, or termination. Real property under the Agency's control that was acquired or improved in whole or in part with funds under this Contract, including loans made to the Agency, in excess of Twenty Five Thousand and 00/100 Dollars ($25,000.00), unless otherwise specified in Scope of Services/Program Description, Appendix I, shall be (a) used to meet one of the national objectives pursuant to 24 CFR 570.209 until five years after expiration of this Contract, or (b) not used in accordance with H(4)(a) of this section, in which event the Agency shall pay to the City an amount equal to the current market value of the property less any portion thereof attributable to expenditures of non -Contract funds for acquisition of, or improvement to, the property. 9. COMMUNITY DEVELOPMENT IDENTIFICATION IN PROJECT ACTIVITIES: A. All buildings, offices, vehicles and other such property purchased or supported in whole or in part with funds made available under this Contract shall identify the Program as a sponsor of the activity. B. All pamphlets, brochures or other printed material prepared and/or distributed by the Agency in connection with activities for which Community Development funding is provided under this Contract shall identify the Program and HUD as sponsors of the activity by the inclusion of the following statement in all such material: "This [brochure, pamphlet, etc.] was produced [in whole or in part] with the assistance of the City of South Bend Community Development Program through funds made available by the CDBG Program Contract Page 4 U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1977." C. Failure to comply with A or B above shall result in a disallowance of all costs incurred for the activity. 10. COPYRIGHTS: If this Contract results in a book or other copyrightable material, the author may copyright the work, but the City and HUD reserve royalty free, nonexclusive, and irrevocable licenses to reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted. 11. PATENTS: Any discovery or invention arising out of or developed in the course of work aided by this Contract shall be promptly and fully reported to HUD for determination by HUD as to whether patent protection on such invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered in order to protect the public interest. 12. EQUAL OPPORTUNITY AND NONDISCRIMINATION: The Agency agrees to comply with equal opportunity requirements applicable to Community Development Block Grant activities. Specifically, the Agency agrees to comply with: A. Title V1I, 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 Communi . Development Act of 1977, as amended, which provides that no person in the United States shall on the ground of race, color, religion, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this 'Title. D. Section 504 of the Rehabilitation Act of 1973, which provides that handicapped individuals may not be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. E. Executive Order 11063, as amended by Executive Order 12259, which requires equal opportunity in housing and related facilities provided by federal financial assistance. 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 pant with assistance provided under this Contract the Section 3 Clause which follows: CDBG Program Contract Page 5 "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, I2 U.S.C. 1701u (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 requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The notice shall describe Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development under 24 CFR. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. The 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. 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: CDBG Program Contract Page 6 A. National Pro ram for Minority Business Enter rise. 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. H. Flood Disaster. The Agency agrees to comply with the provisions of the Flood Disaster Act of 1973 (42 U.S.C. 4001, et seq.) and regulations issued pursuant to it. Identity Theft Prevention Program. When applicable, the Agency agrees to comply with the provisions of the Fair and Accurate Credit Transactions Act ("FACTA"), 15 USC 1681, the regulations promulgated thereunder (16 CFR 681) and all related local requirements (including the South Bend Board of Public Works Resolution No. 77-2008) which may be adopted fi-om time to time by the City of South Bend. The Agency shall include in all applicable contracts, the provisions of federal, state and local law imposing an obligation to detect, prevent and mitigate identity theft in connection with certain credit transactions on federally assisted projects. 14. LEAD -BASED PAINT: Notwithstanding any other provision, the Agency performing residential housing rehabilitation under this contract, agrees: to comply with the regulations set forth in 24 CFR 570.608 and all applicable rules and orders issued thereunder which prohibit the use of lead -based paint in residential structures undergoing federally assisted construction or rehabilitation; to perform notification of lead -based paint hazard to tenants and purchasers as prescribed; and to perform inspection, testing, and abatement actions as regulations require. Every contract or subcontract including painting, pursuant to which such federally assisted construction or rehabilitation is performed, shall include appropriate provisions prohibiting the use of lead -based paint. 15. DRUG -FREE WORKPLACE: The Agency hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace. The Agency will give written notice to the City within ten (10) days after receiving actual notice that an employee has been convicted of a criminal drug violation occurring in the Agency's workplace. CDBG Program Contract Page 7 16. 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 fi•om 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. 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 Against Kickbacks. The Agency agrees to comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) which prohibits kickbacks from public works employees. C. Conflict of Interest. In the procurement of supplies, equipment, construction, and services by the Agency: 1. No member, officer, or employee of the City, or its designees or agents, no member of the governing body of the City of South Bend or the Agency (and no one with whom they have family or business ties) who exercises any functions or responsibilities with respect to the program during his or her tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Contract. CDBG Program Contract Page 8 2. The Agency agrees that it will incorporate into every written contract the following provision: "INTEREST OF CONTRACTOR AND EMPLOYEES: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Program, and no one with whom they have family or business ties, has any personal financial benefit, direct or indirect in this Contract." In all other situations, no Covered Person who exercises or has exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such financial interest or benefit during, or at any time after, such person's tenure. A "Covered Person" is any person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient (the City), or of any designated public agencies, or of subrecipients (the Agency) that are receiving funds under this part. D. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this Contract shall be used for any candidate for public office or for political activities. E. Prohibition of Religious Discrimination and Assistance for Reli ious 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 CDBG program. An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief None of the funds, materials, property or services provided under this Contract may be used to promote religious activities as set forth in 24 CFR 570.2000). F. Lobbying Prohibited. None of the funds provided under this Contract shall be used for publicity or propaganda purposes designed to defeat or support legislation pending before Congress. 17. CERTIFICATION REGARDING LOBBYING: The undersigned representative of the Agency certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal 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 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 CDBG Program Contract Page 9 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 INELIGIBILITY AND VOLUNTARY EXCLUSION --LOWER TIER COVERED TRANSACTIONS: A person who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits under Federal programs and activities. The Agency shall include the following clause without modification, in all proposals, agreements, contracts, proposals, or other lower tier covered transactions. (Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal): Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction: The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 19. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide by all applicable federal rules and regulations, as amended 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 § 35-- 44-1 and, to the extent applicable, has executed and filed with the City a "CONTRACTOR'S NON - COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS", the form of which is attached hereto and incorporated herein as Appendix II prior to the City's approval of this Agreement. 21. CLAIMS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City, its officers, agents or employees from any and all claims of any nature whatsoever which may arise from the Agency's performance of this Contract; provided, however, that nothing contained in this Contract shall be construed as rendering the Agency liable for acts of the City, its officers, agents or employees. CDBG Program Contract Page 10 I II APPENDIX I SCOPE OF SERVICES / PROJECT DESCRIPTION SOUTH BEND HERITAGE FOUNDATION, INC. ACQUISITION / REHABILITATION ACTIVITY 113 Garfield Court, South Bend 46601 16-JC-25 (01) 1/01/2017-12/31/2019 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 Dousing objectives of °creating a suitable living environment, decent housing, and economic opportunities" for all persons. In attempting to achieve these objectives, the City of South Bend has identified this project to address "creating economic opportunities." Additionally, the City has determined that, for this project, there is a need to secure the services of an organization with special expertise, Therefore, program funds will be utilized through South Bend Heritage Foundation, Inc. to conduct acquisition/ rehabilitation in the Near West Side area as part of larger effort to reduce the number of vacant and abandoned properties in South Bend and provide safe, decent affordable housing to low - moderate income homebuyers. TARGETED GOALS The targeted goal for the Near West Side Neighborhood Acquisition / Rehabilitation Activity project [16-JC-25 (01)] is to provide safe, decent affordable housing to low -moderate income residents. Funds will be used to acquire and rehabilitate one (1) house for a low -moderate income homebuyer. If, for any reason, there is difficulty in achieving this goal, the Agency must notify the Department of Community Investment of the problem(s) so the matter(s) can be rectified in a timely manner. INCOME GUIDELINES Households with income in the low or moderate income range (as defined from time to time by HUD) are eligible applicants for assistance under this activity. Annual limits as of June 15, 2017 are: FY 2017 CDBG 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% 1 12,850 14,650 16,500 18,300 19,800 21,250 22,700 24,200 AMI 50% 21350 24,400 27,450 30,500 32,950 35,400 37,850 40,300 AM] ' 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 ' ACTIVITY SERVICE AREA The activities under this contract must take place at 113 Garfield Court, South Bend, 46601. 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, 2019. All funds unobligated by I2/31/19 and all funds unspent by 1/31/20 will be subject to reprogramming at the option of the City. PROGRAM BUDGET The total CDBG budget for the Acquisition / Rehabilitation Activity ]16-JC-25 (01)] shall not exceed Appendix I - Scope of Services Page 1 $231,640.00. It is understood that funds can be moved between eligible line items as costs increase or decrease because of market conditions, However, the developer fee cannot exceed 12.5% of funds expended, or a maximum of $25,740.00. Acquisition of Real property $ 25,000.00 Construction hard costs $155,900.00 Other $ 15,000.00 Holding/selling costs $ 10,000.00 Developer Fee (not to exceed) $ 25,740.00 3-231 PROGRAM INCOME At the time of transfer of ownership of the property to an income -eligible buyer ("closing"), the closing agent shall remit to the City all gross proceeds from the sale of this activity. This is understood to represent the purchase price of the property less closing costs, adjustments, credits and Real Estate agent fees. The final Closing Disclosure, indicating final loan terms and closing costs, must accompany the remittance. COST CATEGORIES Generally, costs must be necessary, reasonable and directly related to the grant. In accordance with the Statement of Purpose and Intent, eligible cost categories include personnel wages and fringe benefits associated with the administration of CDBG activities listed above. Time cards must be submitted indicating time spent on CDBG activities before reimbursement will be approved. NON -EXPENDABLE PROPERTY Notwithstanding any provision herein to the contrary, no costs may be incurred for non -expendable property (equipment, furniture, fixtures, etc.) without obtaining prior written approval from the Department of Community Investment. PRIOR APPROVAL Prior written approval from the Department of Community Investment will be required in order to expend funds for cost categories, types of activities, or locations not listed above. Prior written approval must also be obtained for any reductions, deletions, or additions to the approved line item budget. FINANCIAL AND ADMINISTRATIVE REPORTS The Agency shall subunit the Reimbursement and Progress Report supplied by the City upon each withdrawal of funds. Documentation must be submitted indicating time spent on CDBG activities before reimbursement will be approved. The Agency understands that claims for reimbursement of expenses (goldenrod forms) shall be accompanied by proper documentation (check copies, invoices, staff time distributions, etc.). The City reserves the right to refuse any or all claims not properly supported with adequate and proper documentation of claims and activity progress, Appendix 1- Scope of Services Page 2 When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS STATE OF (Must be completed for all quotes and bids. Please type or print) ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: I. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Non -Collusion Non -Debarment Affidavit Nan Iran Form 2016 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual Non -Collusion Non -Debarment Affidavit Non Iran Form 20IG orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel. products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct., Dated this day of rip 1 20 Contr ctor/l3idde (Firm] Signature of Co ractor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this My Commission Expiresl � , % czs County of Residence Jessica K. Kitchens Notary Public SEAT Elkhart County, State of Indiana AY Commission Expires November 20, 2023 Commission No 6739M Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 0 F.