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HomeMy WebLinkAboutAgreement - Community Homebuyers Corporation - 2019 Agreement for Staff SupportAGREEMENT FOR STAFF SUPPORT THIS AGREEMENT is between Community Homebuyers Corporation, Inc., an Indiana not -for -profit corporation (CI -IC), and the City of South Bend, by and through its Board of Public Worms on behalf of its Department of Community Investment (City) entered into this, l"" day of l 2018. WHEREAS, CHC has as its purpose to provide affordable housing opportunities to low and moderate income households within St. Joseph County, Indiana; and WHEREAS, in order to carry out its purposes and to assist the City in neighborhood development through housing assistance activities CHC will be beneficial and necessary; and WHEREAS, CHC does not have personnel or economic resources to perform staff functions without City assistance; and WHEREAS, the performance of staff support by City employees will directly relate to carrying out community development plans of the City. NOW, THEREFORE, the City and CHC mutually agree as follows: 1) The City will provide staff support to CHC under the following terms and conditions: A. Areas of staff support to be provided to CHC include, but are not necessarily limited to: Administrative support for all aspects of corporate operation. 2, Project and program development, implementation and Management. Accounting and financial reporting functions, including grant applications and reporting. 4. Post Purchase Counseling to CHC clients 5. Provide assistance and counsel to board and committees B. Staff support will be provided for the specific purposes of CHC, where the performance of staff support duties by City employees, in the opinion and discretion of the director of the,Community Investment, directly relates to carrying out community and housing assistance plans for the City. 2) (a) The City will be compensated monthly and CHC will pay the City monthly for services performed as agreed to herein: Provided, however, that the total amount so billed and reimbursed during the term of this agreement does not exceed Fifteen Thousand Dollars ($15,000.00). (b) To the extent CHC does not have on account funds in an amount sufficient to reimburse the City as provided herein, any unpaid balance due and owing to the City shall be deemed not to constitute a current obligation of CHC unless and until CHC has on account and un-obligated, sufficient funds to reimburse the City such amount. 3) The City and CHC mutually acknowledge and agree to fulfill all responsibilities to which they are or may become subject under Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et. seq. as amended), and the conditions imposed under Title VI of the Civil Rights Act of 1964, as amended providing that no person shall, on the grounds of race, age, sex, color, religion or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in the undertaking and carrying out of any federally assisted projects, and the regulations of the Department of Housing and Urban Development effectuating that title. 4) The term of this Agreement shall be from January 1, 2019 through and including December 31, 2019. 5) The City and CHC agree that no staff member shall have the authority to bind or commit CHC unless so authorized by resolution of the CHC board of directors or executive committee, provided that nothing in this section prohibits staff members from carrying on preliminary negotiations when such negotiations have been generally authorized by the CHC board or executive committee. IN WITNESS WHEREOF, CHC and the City have executed this Agreement as of the date first above written. COMMUNITY HOMEBUYERS CITY OF SOUTH BEND CORPORATION, INC. BOARD OF PUBLIC WORKS By By __..�....... James Kunzl , res! at. Gary A. Gilot, President / ems'©f / t7 By _ .............. Date:.,_. _.. �.m. ........._...m� James A. Mueller, Member By:._......_ . Suzana M Y M. F�°itz.berg, Member B � µ Elizabeth A. aradik. Member By: Therese J. boraU, Member Attesb: L.�L.dild/a M. Martin, Clerk Date: 1rll31aDly 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 0E ) 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 § 5-22-16.5-5, 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-Debarrnent Affidavit Non Iran Form 2016 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or 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. 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 J 201 Contractor/Bidder (Firm) LORYL.TIMMER tJoseph County Sig raie of Contractor/Bidd or Its Agent ,.. SEAL My Commission Explros September 23, 2025 Printed Name and Title Subscribed and sworn to before me this IV�L _ day of ;" 20_L8 My Commission Expires N tar ublic �� L, -Ti—jMyKcr County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name October 22., 2018 Pam M Department DCI BPW Date November 13 2018 Phone Extension 5845 IIIIXIII11i%YYiXINIXINIMM`�iiIIIIIIIIlY11111111111YIT1Yi �V'v`N +�sF._dSim"p'MIYnYl84,i"�w,,;^!%YMBYI�'r°IY�I'�d1�bYl Yll+—'w f�1�+�^,.m�,2__�ni.,�r��.rdd;'JAM'MXIYPWdIM'i����llt't�Yd'H'�:�"��v:..._Rau'we1'^'„„#eA(pAldOdiGP�A0M1�%IMm'MFiA(NVIiMbi�lYrYRki�l`lyYYi����3#;3UfWeW1ftF2W�IGlIVNHVkr�t`fy rm,va�aa n,"p9A&Y1 16�n'�4,�'rv2,t�.+Y�IVIW' uire6 Pm rlor to Submittal to Board Legal Attorney Name 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 Agreement Contract Proposal _ ...... p Addendum Professional Services Resolution ❑ Bid Opening FJ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. F1 C/O & PCA No. ❑ PCA r_J Ease/Encroach. E] Traffic Control Other: Company or Vendor Name Communuty Homebuyers Corporation New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE Project Name 2019 Agreement for Staff Support Project Number Funding Source Account No. �..... ___. ......... ........ ........ ....... 211 Amount $ 15,000.00 Terms of Contract .... ... _ 199__.......... Purpose/Description _1/01/19-12/31/ Payment to DCI for staff services related to the administering CHC's Homeownership Asssistance Program. ® Required Contractor's Certification Form Attached (Non- ...��. n, Non -Debarment, arment Iran, etc. ... - m ....v ._._.� .. _ Rquired For Charme Or �.ro......... _.. Orders Viers O1 � � �_ Amount of ❑ �� Increase $ F1 Decrease $ Previous Amount $ Current Percent of Change; %.—....._ — _._.m_.... —...-. New Amount . $ _....... .......----- .. o.-......_. . ....__.... _.. _ _ ..... ..... _ .... Total Percent of Change: /o _ Dispersal After Approval _....._... V.__. .._. �� _ .. w. — --- .__.------..�. Copy Original ® ® Pam Meyer, DCI C 1:1 I. ..... --- ... .. ....