HomeMy WebLinkAboutContract - Rebuilding Together St. Joseph County - Rebuilding Together ProgramCOMMUNITY INVESTMENT PROGRAM CONTRACT
COMMUNITY DEVELOPMENT BLOCK GRANT
Rebuilding Together, St. Joseph County, Inc.
Rebuilding Together Program
18-JC-13
THIS AGREEMENT as entered into this1111
day of tiy4al , 2018, 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 Rebuilding Together, St. Joseph County, Inc. (the
"Agency" or "Contractor") for their Homeowner Rehabilitation Program. 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-I 8-MC-18-001 1.
WHEREAS, the City has received a grant under Title I of the Housing and Conununity Development Act of
1974, (P.L. 93-383), as amended, f-om the United States Department of Housing and Urban Development ("HUD");
and
WHEREAS, pursuant to this grant, the City is undertaking certain activities; and
WHEREAS, the City desires to engage the Agency to give certain assistance in connection with such
activities;
NOW, THEREFORE, the City and the Agency do mutually agree as follows:
1. DEFINITIONS: --As used in this Contract:
A. "Agency" means the entity, whether public or private, which has the responsibility for administering a
project or activity.
B. "Area" means the corporate boundaries of the City of South Bend or one or more sections of the
Neighborhood Revitalization Area as specifically delineated in the Scope of Services/Project
Description, Appendix I, of this Agreement.
C. "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 1), the approved Budget
(Appendix I), the Grant Conditions, and the relevant Department of Housing and Urban Development regulations and
consistent with governing state and federal statutes, rules and regulations as well as local ordinances.
5. SUBCONTRACTING: The performance covered by this Contract shall not be subcontracted, assigned or
delegated without the prior written consent of the City, which may be withheld at the sole discretion of the City.
b. AWARD: It is expressly understood and agreed that in no event will the City pay the Agency more than
$130,000.00 for full and complete satisfactory performance of this Contract. The City shall compensate the Agency
for fulfilling this Contract as provided in accordance with the terms and conditions contained herein.
7. PROGRAM INCOME: Any gross income directly generated from the use of the award funds shall be used
only for those activities delineated in the Scope of Services/Program Description and all relevant provisions of this
Contract shall apply to such activities. At the end of the program year, the City may require remittance of all or part
of any program income balances (including investments thereof) held by the Agency (except for certain exceptions).
Disposition of program income, as applicable, is outlined in the Scope of Services/Program Description, Appendix I,
and in compliance with 24 CFR 570.504(b) and (c).
S. 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 Re orts:
I . 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.
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.
(a) The Agency shall submit to the City:
(1) periodic progress reports as established in the Scope of Services/Project Description
attached as Appendix 1, due in the Department of Community and Economic Development
on the fifteenth day following the end of the period established in the Scope of
Services/Project Description, 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.
(a) Inventory. The Agency shall keep inventory records, acceptable to the City, on all
non -expendable property purchased under this Contract. The Agency shall submit an inventory
record of all items at the end of the program year and resubmit it each program year with
revisions as necessary.
(b) Insurance and Maintenance. For all non -expendable property purchased under this
Contract, the Agency shall maintain sufficient insurance to cover the cost of replacement due
to loss by fire, theft, or accidental damage. The Agency shall also be responsible for the
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maintenance and upkeep of all such property.
d. Cooperation with Agency.
The City shall provide all available maps, reports, and other data requested by the Agency to
accomplish the services which are the subject of this Contract. The Agency shall pay for all articles
so supplied.
E. Audits and Reviews:
1. City and Federal Audits.
(a) The City shall require governmental agency and nonprofit agency audits consistent with 2 CFR
Fait 200 for those agencies that have combined receipts of federal financial assistance totaling Seven
Hundred Fifty Thousand Dollars ($750,000) or more in a fiscal year (applicable to fiscal years
starting on or after December 26, 2014). However, all agencies receiving any award amount under
this contract must submit, at a minimum, a fiscal year end financial statement. Audits / financial
statements must be submitted to the City no later than nine (9) months after the end of the agency's
fiscal year.
(b) The City may make an examination of the Agency's fidelity bonding and fiscal and accounting
procedures to determine whether these procedures meet the requirements of this Contract.
(c) At anytime 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.
Periodic Review.
At regular intervals during the term of this Contract the City may conduct reviews of the content
and progress of the Agency services. If, as a result of such review, it is the opinion of the City that
revisions to the Scope of Services/Program Description are necessary or the methods employed by
the Agency are inappropriate, the City may require such revisions by notifying the Agency in
writing. Upon receipt of such notification of revision, the Agency shall, within ten (10) days,
propose the manner in which such revisions shall be made. The proposed revisions shall be subject
to the City's written approval and amendment to this Contract.
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,
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or the portion of it delegated by this Contract; provided, however, that if the grant is merely reduced
and in the absence of any contrary HUD directive, the Agency may readjust its budget and
recommend Contract amendments to the City.
2. The City may also terminate, assign or transfer this Contract when required by HUD direction.
The Agency may propose to terminate this Contract in whole or in part, for good cause only, by
giving at least thirty (30) days written notice specifically stating the cause for such requested
termination. Any such request for termination shall be subject to the written approval of the City,
acted upon by the City within ten (10) days of receipt of the notice of request to terminate. The
decision of the City shall be final and conclusive, provided that such approval shall not be
unreasonably withheld.
4. This Contract may also be terminated by either the City or the Agency in whole or in part, by mutual
agreement setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if in the case of a partial termination, the City
determines that the remaining portion of the award will not accomplish the purpose for which the
award was made, the City may terminate the award in its entirety.
G. Project Close -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 CPR 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.
3. 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 1, shall be (a) used to meet one of the national
objectives pursuant to 24 CFR 570,208 until five years after expiration of this Contract, or (b)
not used in accordance with H(4)(a) of this section, in which event the Agency shall pay to the
City an amount equal to the current market value of the property less any portion thereof
attributable to expenditures of non -Contract funds for acquisition of, or improvement to, the
property.
9. COMMUNITY DEVELOPMENT IDENTIFICATION IN PROJECT ACTIVITIES:
A. All buildings, offices, vehicles and other such property purchased or supported in whole or in part with
funds made available under this Contract shall identify the Program as a sponsor of the activity,
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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:
"`Phis [brochure, pamphlet, etc.] was produced [in whole or in part] with the assistance of
the City of South Bend Community Development Program through funds made available
by the U.S. Department of Housing and Urban Development under Title I of the Housing
and Community Development Act of 1977."
C. Failure to comply with A or B above shall result in a disallowance of all costs incurred for the activity.
10. COPYRIGHTS: If this Contract results in a book or other copyrightable material, the author may copyright the
work, but the City and HUD reserve royalty free, nonexclusive, and irrevocable licenses to reproduce, publish, or
otherwise use, and to authorize others to use, all copyrighted material and all material which can be copyrighted.
11. PATENTS: Any discovery or invention arising out of or developed in the course of work aided by this Contract
shall be promptly and fully reported to HUD for determination by HUD as to whether patent protection on such
invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered in
order to protect the public interest.
12. EQUAL OPPORTUNITY AND NONDISCRIMINATION: The Agency agrees to comply with equal
opportunity requirements applicable to Community Development Block Grant activities. Specifically, the Agency
agrees to comply with:
A, Title VII, Civil Rights Act of 1964, which provides that no person in the United States shall on the
ground of race, color, or national origin be excluded fi•om 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 I -IUD (and grantees) shall administer programs and activities relating to housing and urban
development in a manner affirmatively to further the policies of this Title.
C. Section 109 Housing and Community Development Act of 1977, as amended, which provides that no
person in the United States shall on the ground of race, color, 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 fi•om participation in, be denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
R 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
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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. 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 tranring 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 lousing and Urban Development set forth in Title 24,
Code of Federal Regulations (24 CFR), and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that
they are under no contractual or other disability which would prevent them from complying with
these requirements.
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.
F. 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 CPR, 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:
A. National Prog!'am 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 fi•om time to time by the City of South Bend's
Department of Community and Economic Development. The Agency shall include in all applicable
construction 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 (RADA@) 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.
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
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thereunder (16 CFR 681) and all related local requirements (including the South Bend Board of Public
Works Resolution No. 77-2008) which may be adopted from time to time by the City of South Bend.
The Agency shall include in all applicable contracts, the provisions of federal, state and local law
imposing an obligation to detect, prevent and mitigate identity theft in connection with certain credit
transactions on federally assisted projects,
14. LEAD -BASED PAINT: Notwithstanding any other provision, the Agency performing residential housing
rehabilitation under this contract, agrees: to comply with the regulations set forth in 24 CFR 570,608 and all applicable
rules and orders issued thereunder which prohibit the use of lead -based paint in residential structures undergoing
federally assisted construction or rehabilitation; to perform notification of lead -based paint hazard to tenants and
purchasers as prescribed; and to perform inspection, testing, and abatement actions as regulations require. Every
contract or subcontract including painting, pursuant to which such federally assisted construction or rehabilitation is
performed, shall include appropriate provisions prohibiting the use of lead -based paint.
15. DRUG -FREE WORKPLACE: The Agency hereby covenants and agrees to make a good faith effort to provide
and maintain a drug -free workplace. The Agency will give written notice to the City within ten (10) days after
receiving actual notice that an employee has been convicted of a criminal drug violation occurring in the Agency's
workplace.
False certification or violation of the certification may result in sanctions including, but not limited to, suspension of
payments, termination of the Grant or contract and/or debarment of grant opportunities with the State of Indiana for
up to three (3) years.
The Agency certifies and agrees that it will provide a drug-fi•ee 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-fiee awareness program to inform them' employees of the (1) the dangers of drug
abuse in the workplace; (2) the Agency's policy of maintaining a drug-Irce 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 (I) 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.
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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 Against Kickbacks, The Agency agrees to comply with the Copeland "Anti -Kickback" Act
(18 U.S.C. 874) which prohibits kickbacks from public works employees.
C. Conflict of Interest. In the procurement of supplies, equipment, construction, and services by the
Agency:
1. No member, officer, or employee of the City, or its designees or agents, no member of the governing
body of the City of South Bend or the Agency (and no one with whom they have family or business
ties) who exercises any functions or responsibilities with respect to the program during his or her
tenure or for one year thereafter, shall have any financial benefit, direct or indirect, in any contract
or subcontract, or the proceeds thereof, for work to be performed in connection with the program
assisted under the Contract.
2. The Agency agrees that it will incorporate into every written contract the following provision:
"INTEREST OF CONTRACTOR AND EMPLOYEES: The Contractor covenants that no
person who presently exercises any functions or responsibilities in connection with the
Community Development Program, and no one with whom they have family or business
ties, has any personal financial benefit, direct or indirect in this Contract."
In all other situations, no Covered Person who exercises or has exercised any functions or
responsibilities with respect to CDBG activities assisted under this part, or who is in a position to
participate in a decision making process or gain inside information with regard to such activities,
may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest
in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect
to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have
business or immediate family ties, during their tenure or for one year thereafter. For the UDAG
program, the above restrictions shall apply to all activities that are a part of the UDAG project, and
shall cover any such financial interest or benefit during, or at any time after, such person's tenure.
A "Covered Person" is any person who is an employee, agent, consultant, officer, or elected official
or appointed official of the recipient (the City), or of any designated public agencies, or of
subrecipients (the Agency) that are receiving funds under this part.
D. Political Activity Prohibited. None of the funds, materials, property or services provided directly or
indirectly under this Contract shall be used for any candidate for public office or for political activities.
E. Prohibition of Reli ions Discrimination and Assistance for Religious Activities and/or Or anizations.
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.
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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 malting 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, A 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 INELIGIBILITY AND VOLUNTARY
EXCLUSION --LOWER TIER COVERED TRANSACTIONS: A person who is debarred or suspended shall be
excluded fi•om 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 fi•orn 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,
10
21. CLAIMS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City, its officers,
agents or employees fi•orn any and all claims of any nature whatsoever which may arise fi•om the Agency's performance
of this Contract; provided, however, that nothing contained in this Contract shall be construed as rendering the Agency
liable for acts of the City, its officers, agents or employees.
11
IN WITNESS WIIEREOI�, the City and the Agency have executed this Contract as of the date first above written.
REBUILDING TOGETHER PROGRAM
Rebuilding_Together, St. Joseph. County, Inc.
BY:
TITLL 1 1
BATE. i4�11f 444����;;; ���
Pamela C. Meyer, Ili ector
Neighborhood Development
DEPARTMENTCAI" COMMUNITY ,IT,
, INVESTMENT
DATE: 6� d / p_
CITY OF SOUTH BEND
BOARD OF PUBLIC WORDS
Clary A. Gilo( President
41- A /I,, /I -
Suzanna rtz er er c
Elizabeth A. Maradii, Member _._..__..
ar
Therese J. Dorau, l ember°
,Varna A. Mueller, Member -
APPROVED FOR CITY OF SOUTH BEND
ATT ESTx�..
�
DATE:
12
APPENDIX I
SCOPE OF SERVICES and BUDGET
REBUILDING TOGETHER, ST. JOSEPH COUNTY, INC.
REBUILDING TOGETHER PROGRAM
18-JC-13
1/01/2018 - 12/31/2018
PURPOSE AND INTENT
The City of South Bend, in creative and affirmative partnership with City residents, private enterprise,
neighborhood and community organizations, and the Federal Government, is committed to the national
housing goal of "a decent home and a suitable living environment" for all persons. In attempting to achieve
this goal, the City of South Bend has identified projects to be undertaken. The City has determined that, for
some of these projects, there is a need to secure the services of organizations with special expertise to
supplement staff efforts. Therefore, Community Development Block Grant funds will be utilized through
Rebuilding Together, St. Joseph County, Inc. to implement rehabilitation activities for low and moderate
income residents in targeted neighborhoods.
TARGETED GOALS
The targeted goals for the Rebuilding Together Program include housing repairs for no less than 13
low/moderate income homeowners. If, for any reason, there is difficulty in achieving these goals, the
Agency must notify the Department of Community Investment of the problem(s) so the matter(s) can be
rectified in a timely manner.
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)
I -Person
2-Person
3-Person
4-Person
5-Person
6-Person
7-Person
8-Pers011
Household
Household
Household
Household
Household
Household
Household
Household
30%
AMI
12,850
14,650
16,500
18,300
19,800
21,250
22,700
24,200
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
ACTIVITY SERVICE AREA
The activities under this contract must take place in Census Tracts 33, 35, 17, and 32 in South Bend.
TIMETABLE
Costs may be incurred when the Agency is notified to proceed by the Department of Community
Investment. The activity shall commence on January 1, 2018 and shall continue to and include December
31, 2018. All funds unobligated by 12/31/18 and all funds unspent by 1/31/19 will be subject to
reprogramming at the option of the City.
13
PROGRAM BUDGET
The total cost of Rebuilding Together Program (18-JC-13) shalt not exceed $130,000.
COST CATEGORIES
In accordance with the statement of purpose and intent, the following HUD eligible cost categories have
been established: labor and materials associated with the rehabilitation of residential units in the Rebuilding
Together program.
PRIOR APPROVAL
To expend funds for cost categories or types of activities not listed above or contained within the
appendices will require prior written approval from the Department of Community Investment.
NON -EXPENDABLE PROPERTY
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 submit an environmental checklist for each property proposed for repair before any
work is commenced. The Agency shall also submit a final report consisting of a complete list of persons
benefiting from the Rebuilding Together program including name, address, race, ethnicity, household size
and income, plus indication if female head of household. The Agency understands that claims for
reimbursement of expenses shall be accompanied by proper documentation (check copies, invoices, staff
time distributions, etc.) The final report is due at the completion of the activity. Information regarding
volunteer labor (number of hours) and value (in dollars) of donated materials is also required.
The City reserves the right to refuse any or all claims not properly supported with adequate and proper
documentation of claims and activity progress.
14
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING
INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT
AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids,. Please type or print)
STATE OF
SS:
G4. U_oa47, COUNTY
The undersigned Contractor, being dully 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 Ibidding. 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
1 Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared inefigible, 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
iL Contractor, its successor or its affiliate, is a financial institution that extends twenty
million doIllars ($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-CoNsion Non -Debarment Affidavit Non Iran Form 2016
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
documentation of enrollment and participation in the E-Verify Program is included and attached as part
of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public contract
to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the subcontractor subsequently learns is an
unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify
Program. The Contractor agrees to maintain this certification throughout the term of the contract with
the City of South Bend, and understands that the City may terminate the contract for default if the
Contractor falls to cure a breach of this provision no later than thirty (34) days after being notified by
the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
City of South Bend through its agencies, boards, or commissions shall not discriminate against any
employee or applicant for employment in the performance of a City contract with respect to hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment because of race, sex, religion, color, national origin, ancestry,'age, gender expression,
gender identity, sexual orientation or disability that does not affect that person's ability to perform the
work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any
combination of the foregoing including, but not limited to, public works contracts awarded under public
bidding laws or other contracts in which public bids are not required by law, the City, its agencies,
boards, or commissions may consider the Contractor's good faith efforts to obtain participation by
those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's
Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A
finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or
entity from being awarded a City contract for a period of one (1) year from the date of such
determination, and such determination may also be grounds for terminating the contact for which the
discriminatory practice or noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment shall be
made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or
any of its agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for employment
in the performance of this contract with privileges of employment, or any matter directly or indirectly
related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material
breach of contract.
1, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 1
hereby certify that 11 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 a. 20LB
4
LORY L. TIMMER
VA - I
St. Joseph County
t
MY Commisslon Explros
Soptember23,2025
Abjjvi,17pr
Contractor/B I - ni)J
" ;tFir
Signature of Contractor/Bidder or Its Agent
O. Vluc-il" Primal frrn'd'elt'
Printed Name and Title
Subscribed and sworn to before me this day of lrlibrlu 20_�&
My, Commission Expires
Nota(y P L,6iL ,�blic v
County of Residence
N'on-Collusion Non -Debarment Affidavit Non Iran Form 2016
204. W-0-smp�7
I
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
2/28/18
Timmer
Department DCI
BRIT Date 3/13/18 Phone Extension 58�41
---- ----- ---- - . . .............. ........... . .. . .. ......... ...... ...
Legal Attorney Name Clara McDaniels
Controller Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing
Ll Agreement
R Professional Services
F] Bid Opening
Quote Opening
❑ Change Order No.
❑ Ease/Encroach.
Other: Amendment
Contract
Resolution
E] Bid Award
F-1 Quote Award
F-1 C/O
n Traffic Control
Proposal
[:1 Req. to Advertise
am
Company or Vendor Name Rebuilding Together, St. Joseph County, Inc.
New Vendor [J Yes M No El If Yes, Approved by Purchasing
MBEANBE Contractor [:] MBE [] WBE
MBE/WBE Contractor Requested M No F-1 Yes Name of Company
Project Name Rebuilding Together Program
Project Number 18-JC-13
Funding Source Community Development Block Grant (CDBG)
Account No. 212.1001.460.39.30
Amount $130,000
Terms of Contract
Purpose/Description
1/01/18 - 12/31/18
041154MAT11
[:] Title Sheet
Provide repairs for Ilow-mod income homeowners in SE
neighborhood through annual Rebuilding Together program
FJ Required Contractor's Certification Form Attached (Non -
Collusion, Non-Disc0mination, Non -Debarment, E-Verifv, Iran, etc.
Amount of L_J Increase
El Decrease
Previous Amount
Current Percent of Change:
New Amount
R,
R
Total Percent of Change,: %
Dispersal After Approval
Copy Original
Judy Love
F-1 F-1
F F