HomeMy WebLinkAboutAgreement - Center for the Homeless Inc - Permanent Supportive HousingAGREEMENT FOR PROGRAMS AND SERVICES WITH
THE CENTER FOR THE HOMELESS, INC.
(PERMANENT SUPPORTIVE HOUSING PROGRAMS AND SERVICES)
THIS GREEMENT (the or this "Agreement") is made effective thelb day of
2018, by and between the CITY OF SOUTH BEND, INDIANA, a
municipal corporation organized and operating under the laws of the State of Indiana,
acting by and through the Board of Public Works (collectively the "City" or the "Board")
and THE CENTER FOR THE HOMELESS, INC. (the "Organization").
RECITALS
WHEREAS, the organization is an Indiana non-profit corporation, with a mission
to break the cycle of homelessness; bring people together -to discover the worth, dignity
and potential of one another; and pioneer a service model worthy of replication; and
WHEREAS, the Organization has been the lead agency for the St. Joseph County
Regional Planning Council on Homelessness and, is the lead agency on the design,
development and implementation of the Coordinated Entry process to serve the
chronically homeless; and
WHEREAS, the Organization has represented that it is a duly exis5ting non-
profit corporation under Indiana law and exempt from federal income taxation under
Section 501 (0 (3) of the Internal Revenue Code, as evidenced by the copy of the Indiana
Secretary of State's Certificate of Existence for the Organization and the copy of its tax
exempt letter issued by the Internal Revenue Services, respectively attached as Appendix
I and Appendix II; and
WHEREAS, the Organization has represented that it is a duly existing under
Indiana law and exempt from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code, as evidenced by the copy of the Indiana Secretary of State's
Certificate of Existence for the Organization and the copy of its Tax -exemption Letter
issued by the Internal Revenue Service, respectively attached as Appendix I and
Appendix I1; and
WHEREAS, the City desires to provide for certain services and programs to be
provided to the residents of the City, which services and programs are more particularly
described at Exhibit A (collectively, the "Program"); and
WHEREAS, the Organization has the expertise and resources to provide for,
oversee and administer the Program; and
WHEREAS, the City has appropriated funds for the Program in the amount of
One Hundred Thousand and 00/100 Dollars ($100,000.00) ("Contract Amount"), the
Contract Amount does not exceed the amount appropriated for such purpose; and
WHEREAS, the City believes that the actions contemplated by this Agreement
are in the best interests of the health, safety and welfare of the City and its residents and
that such actions comply with the public purposes and applicable provisions of state and
local law; and
NOW THEREFORE, for and in consideration of the mutual covenants and
promises contained herein, the City and the Organization hereby agree as follows:
1. Contract Amount and Terin. The Organization shall provide the programs
and services set forth at Exhibit A (the "Program") on behalf of the City, for the Contract
Amount for the period commencing October 1, 2018 and ending December, 31.,, 2019.
The approved schedule for the Program is set forth at Exhibit B. The Organization shall
submit monthly reports to the Contract Administrator on the 151h of each month, with
requests for reimbursement, showing the progress of the Program for the month previous.
2. Pro am Bud et and Bud et Modi acation. The approved Program
Budget is set forth at Exhibit C hereto (the "Budget"), which exhibit is hereby
incorporated herein by reference. The Organization shall only use the Contract Amount
to implement the Program or provide the services in conformance with the Budget and
for no other purpose.
3. Coinpensation for Program. To the extent the Contract Amount has not
previously been disbursed to the Organization, the Contract Amount shall be paid within
thirty (30) days of the latter of: (i) the date the last party hereto executed this Agreement
or (ii) the completion of all actions necessary to appropriate the funds for the Program.
All funds unencumbered for the Program at the expiration of this Agreement shall be
returned to the City.
4. Design and .Implementation of Program. To the extent not set forth in
Exhibit A, Exhibit B, and Exhibit C, the Organization shall be solely responsible for the
design and implementation of the Program, unless specifically directed otherwise by the
City, City's Internal Auditor (as defined herein), or the Director of the Division of
Neighborhood Development or any person appointed by said Director or the City to
administer this Agreement (the "Contract Administrator"). The Program and this
Agreement must be performed and administered in accordance with all applicable
federal, state and local law. The Organization shall use the Contract Amount only for
activities related to the Program.
5. Termination of Azreement. If the City Controller makes a written
determination that funds are not appropriated or otherwise available to support the
continuation of this Agreement, it shall be cancelled. A determination by the City
Controller that funds are not appropriated or otherwise available to support the
2
Controller that funds are not appropriated or otherwise available to support the
continuation of performance shall be final and conclusive. Effective thirty (30) days after
delivery of a written termination notice, the City may terminate this Agreement, in whole
or in part, for any reason, if the City determines that such termination is in the best
interest of the City. The Organization shall be compensated for completion of the
Program properly done prior to the effective date of termination. The City will not be
liable for work on the Program preformed after the effective date of termination. In no
case shall total payment made to the Organization exceed the original Contract Amount.
6. Remedies or Breach of Contract. Failure to complete the Program in
accordance with this Agreement may be considered a material breach, and shall entitle
the City to impose sanctions against the Organization including, but not limited to,
suspension of all payments, and/or suspension of the Organization's involvement in the
Program, on behalf of the City. The Organization shall repay any portion of the Contract
Amount expended for matters not within the scope of the Program or the Budget.
7. Maintenance of Records, Access to Records. The Organization shall keep
a written record, in a form acceptable to the City, related to the use and expenditure of the
Contract Amount. Within thirty (30) days of the expiration or termination of this
Agreement, the Organization shall provide City with a final accounting of the, use and
disposition of the Organization. Unless otherwise authorized by the City or required by
law, such records shall be maintained by the Organization for a period of four (4) years of
the date of this Agreement. The Organization understands and agrees to comply with the
legal requirements of Indiana Code § 5-14---3-1 et. seq. (commonly known as Indiana's
Access to Public Records Act), if applicable, with respect to all documentation related to
the Contract Amount.
& Audit Requirements. The Organization agrees to make all information
available to the Indiana State Board of Accounts, the City's Internal Auditor, and the
Contract Administrator as requested to comply with any audit requested related to the
receipt and use of the Contract Amount and the Organization's performance in delivering
the Program in accordance with the provisions of this Contract. If requested by the City
or the Contract Administrator, the Organization shall provide the City a progress report
on the Program. If requested by the City or the City's Internal Auditor, the Organization
shall arrange for a financial and compliance audit of the Contract Amount to be
conducted by an independent public or certified public accountant (or as applicable, the
Indiana State Board of Accounts) and in accordance with applicable Indiana State Board
of Account standards. The City Internal Auditor shall mean the City Controller or Acting
City Controller appointed pursuant to Indiana Code § 36--4-9-6 (the "City Controller")
or any person appointed or retained by the City Controller or the City for the purpose of
auditing the Organization for this Agreement or other agreements of the City.
9. Conflicts of Interest. The Organization hereby certifies and agrees that no
member, officer, or employee of the City, or its designees or agents, and no member of
the governing body of the City of South Bend or the Organization (and no one with
whom there is a family or business tie) who exercises any functions or responsibilities
3
with respect to the receipt and use of city funds during his or her tenure or for one year
thereafter, shall have any financial benefit, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
Program. To the extent the Program involves the awarding of a contract or grant, the
Organization shall not award the same to a person or entity that creates a conflict of
interest described in Indiana Code § 5-16--11--5.5.
10. Relationship. The Organization shall at all times be an independent
contractor for the performance of the Program rather than an employee of the City, and
no act, action or omission to act by the Organization shall in any way bind or obligate the
City. This Agreement is strictly for the benefit of the parties and not for any third -party
or person. This Agreement was negotiated by the parties at arm's length and each of the
parties hereto has reviewed the agreement after the opportunity to consult with
independent counsel. Neither party shall maintain that the language in the Agreement
shall be construed against any signatory hereto. The City and the Organization hereby
renounce the existence of any form of agency relationship, joint venture or partnership
between the Organization and the City and agree that nothing contained herein or in any
document executed in connection herewith shall be construed as creating any such
relationship between the City and the Organization.
11. Notices. Any notice required orpermitted to be delivered hereunder shall
be deemed to be delivered, whether or not. actually received, when deposited in the
United States Postal Service, postage prepaid, registered or certified mail, return receipt
requested, addressed to the City or the Organization, as the case may be, at the address
set forth below.
Company:
Steve Camilleri
Executive Director
Center for the Homeless
813 S. Michigan Street
South Bend, IN 46601-1830
Kity
Pamela C. Meyer, Director
Division of Neighborhood Development
City of South Bend, Indiana
227 W. Jefferson Blvd., Suite 1400
South Bend, IN 46601-1830
12. Equal. Oportunity. The Organization shall comply with federal, state and
local law in its hiring and employment practices and policies for any activity covered by
this Agreement.
13, Entire Agreement and Amendment. This Agreement sets forth the entire
agreement and understanding between the parties as to the subject matter hereof, and
merges and supersedes all prior discussions, agreements, and understanding of any and
every nature between them. This Agreement may be amended only by separate writing,
approved by both the Organization and the City.
14. Additional Representations. The undersigned persons executing and
delivering this Agreement on behalf of the Organization represent and certify that they
are the duly authorized officers of Organization and have been fully empower to execute
and deliver this Agreement and that all necessary corporate action has been taken and
done.
4
15, Non -Collusion and Acceptance. The undersigned attests, subject to the
penalties of perjury, that he/she is the properly authorized representative, agent, member
or officer of the Organization and that he/she has not, nor has any other member,
employee, representative, agent or officer of the Organization, directly or indirectly, to
the best of his/her knowledge, entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he/she has not received or paid any
sun of money or other consideration far the execution of this Agreement other than that
which appears upon the -face hereof.
5
IN WITNESS WHEREOF, the Pailies hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF SOUTH BEND, INDIANA, CENTER FOR THE HOMELESS, INC.
BOARD OF PUBLIC WORKS
Date:
Gary A. Gilgit, President
'. u,.'�Mernber
Therese JDia
Elizabeth Maradik, Member
James A. Mueller, Member
zlt'/
V
—§U--zanna M. Fritzbe-rg, Member
ATTEST:
(—L i tda a r"t tin k o
Date:
Signature
Signature
Printed Name and Title
EXHIBIT A
Program Description
The Organization shall provide services dedicated to the development and management
of scattered site permanent supportive housing for the chronically homeless, including
but not limited to:
l . Provide case management services to each client.
2. Work with landlords and utilities on behalf of clients processing lease and utility
support on behalf of clients
3. Utilize and work with the Coordinated Entry process to prioritize individual client
service.
4. Participate in meetings and/or efforts to address services to the chronically
homeless
5. Document performance and challenges
6. Continue to seek locations of new scattered site housing options
7. Maintain relationships and communicate with landlords, property managers and,
other service providers
S. Continue to be a leader with the Regional Planning Council on Homelessness
EXHIBIT B
Program Schedule
The Organization shall provide the Program as described in Exhibit A during the period
of October 1 2018 —December 31, 2019.
EXHIBIT C
Program Budget
Total Cost for program and Services $100,000
Eligible costs include: rent and utility assistance
APPENDIX I
Certificate of Existence
(issued within last year evidencing that the Organization is in good standing)
EntityType: Domestic Nouprofit Corporation Business Status: Active
Creation Date: 01/26/1988 Inactive Date:
i
Principal Office Address: 813 S MICI IGAN S T, SOUTH BEND, IN, p p
46601- 3102, USA Expiration Date; Perpetual
Jurisdiction of Formation: Indiana Business Entity Report Due 01/31/2019
Date:
Title
Name
Address
Chairman
Phil Newbold
615 N. Michigan Street, South Bend, IN, 46601, USA
Treasurer
Joseph Bari -man
Oaklawn, 330 Lakeview Dr, Goshen, IN, 46527, USA
Vice President
Jay Caponi;ro
University of Notre Dame, Notre Dame, IN, 46556, USA
Type: Individual
Name: STEPHEN H. CAMILLERI, EXECUTIVE DIRECTOR
Address: 813 S MICHIGAN ST, SOUTH BEND, IN, 46601- 3102, USA
APPENDIX II
Copy of Federal Tax -Exemption Letter
INTERNAL REVENUE S911tf E
01 TRICT DIRECTOR
,INCIRPdA v 014 45201
0at1"t �* ji
iJt9 E 4 1073
;8j.3 S kcnmm
W€iM 85UI 5 IN 46601
Dear Applltantmp
DEPARTMENT OF THE YAWURY
Contact Person.-
ZERIA l~ X
conta�t Y'�-iLphon-- Number.-
Mi13) 484-8178
Our Lottor Date4,
Auqust, 11v 190V
Addeiiduw Appile-sa
ld�
• Th ig W-d i f i es *np- l ot:'t+er of the above date in silt i c h• we stated that; YOFA
would he t;r•ijated as ttbat is not a,,privaitge foundation inati i the
exp i raflMi of your adVake rul laq period.
your exempt; st;attt!s under• section 501(a) of t:hc� Int;et^ria! Revenue Code -as an
organtz4fion described 'in aertiioll 5060 () is st<i I i in effect: Basdd on the
inf��rurat;i� s� you subjnitAtred� we have Aeterml:aa i that pu are not' a private
)WIdat ion filt;hin the €tear log of section 00Mj) of tihE� Coale .because you are an
.organ I: -at; jo7j of the type described In zecti oii U09 (a) M. and 170 (ip) M (A) �V l) y
Crautors and c4�)ntrlhutors way rely on 014 determina`bio'n uaieas the:
Internal Revenue SearV ice publishes 110t lce to the contrary" IioHever:q. If you.
lose your section -509(a) (1.) status-, a grantor- or c,�ntributror may noti,rely on
this If he or 5ha Kas in part respoTr-91ble forr or s.2as aware of$
-the act: or, failure 'iio actv or th-,-; sttbstanti a l or matori a l change on the - pa rt< of
the orgaal at:ion that resulted in your loss of such st;a%us9 or if fie, or• she
acquired kRowledge. that; the Internal pevoTiue f9ervice had given notice than You
nould no longer be- classif-lei as a 5ect-101"ZOy a) (1) �srganf�at;iona
` x
if fie have IrdIcated In the heading of �,Ws fatter- that; an addendua
app I i es v t be addeud usu one l otied is an i ntegra I Part; of this l ettor .
Because this letter could. -help resolve anW queggfl acts about vourr private
faunttat:ion st;a-busy please -keep It in y=.Jur periilanent recordsA
if you have any questaions5 piaase covit;act the pea"silan �AOE;a name and
t:elaphone number -aro shown $±save. {
f'
e'-'-�R-erb -f t oh111 ,Dn
Cistiric•L. Director
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� �0_)
)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
1 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
mill1ion 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-DebarmentAffidavit Non Iran Form 2016
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
documentation of enrollment and participation in the E-Verify Program is included and attached as part
of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public contract
to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the subcontractor subsequently learns is an
unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify
Program. The Contractor agrees to maintain this certification throughout the term of the contract with
the City of South Bend, and understands that the City may terminate the contract for default if the
Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by
the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
City of South Bend through its agencies, boards, or commissions shall not discriminate against any
employee or applicant for employment in the performance of a City contract with respect to hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment because of race, sex, religion, color, national origin, ancestry, age, gender expression,
gender identity, sexual orientation or disability that does not affect that person's ability to perform the
work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any
combination of the foregoing including, but not limited to, public works contracts awarded under public
bidding laws or other contracts in which public bids are not required by law, the City, its agencies,
boards, or commissions may consider the Contractor's good faith efforts to obtain participation by
those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's
Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or 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 I and all subcontractors employed by me for this project will use steel products or
foundry products made in the 'United States on thiis 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 20
L TIA4 Contra fo r/ ?der (lir)
/
4
SEAL Signature of Contractor/Bidder or Its Agent
0.
NZ 'd Name and Title
'0 Printe
W"" /C S1
Subscribed and sworn to before me, this Ili-44— day of &PIM-60—V , 20_18
My Commission Explres,,.� �,2
N o,ta OyP blic Lo� iLi —T _�--
County of Residence
N on -Cc llusbn Non-Deba rrne nt Affidavit Non bran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date September 17,2018
Name Pam Meyer Department
DCI
_BPW Date September 25, 2018 Phone Extension 5845
Required Prior to Submittal to Board
Legal Z Attorney Name Clara McDaniels Sandra Kennedy
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 [:1
X Agreement
F-1 Professional Services
E] Bid Opening
E] Quote Opening
F] Change Order No.
F-1 Ease/Encroach.
F-1 Other:
Company or Vendor Name
H Contract
F-1 Resolution
Bid Award
❑ Quote Award
El C/O & PCA No.
F-1 Traffic Control
Center for the Homeless
[] Req. to Advertise R Title Sheet
sm
New Vendor [:] Yes M No [:1 If Yes, Approved by Purchasing
MBE/WBE Contractor E] MBE [] WBE
Project Name Permanent Supportive Housing
Project Number
Funding Source
Account No.
Amount
Terms of Contract
GOIT
404,0401 A15.31.06
$ 100,000.00
10/1/18-12/31/19
Purpose/Description Services for development and management of scattred site permanent
supportive housing for chronically homeless
M Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.)
Amount of ❑
Increase
Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Dispersal After Approval
Copy Original
Pam Meyer, DC1