HomeMy WebLinkAboutContract - The Center for the Homeless - Emergency Shelter Operations2019 EMERGENCY SOLUTIONS GRANT PROGRAM CONTRACT
The Center for the Homeless, Inc.
Emergency Shelter Operations
19-JE-33
by and between the City of South Bend, State of Indiana,
cisan 1 throu h ` s l o of 1 ubl lic ^�' ,for
THIS AGREEMENT is entered into this y2019
nc4�a�ta by ° g ' irks, for
and on behalf of the Department of Community Investment (the "City") and The Center for the Homeless,
Inc. (the "Agency"). This award is granted under CFDA 14.231, Emergency Solutions Grant Program, U.S.
Department of Housing and Urban Development, Office of Community Planning and Development, Grant
Number E-19-MC-18-0011.
WHEREAS, the City has received a grant ("Grant") under the Homeless Emergency Assistance
and Rapid Transition to Housing Act of 2009 (HEARTH Act), May 20, 2009 which consolidates three of
the separate homeless assistance programs administered by U.S. Department of Housing and Urban
Development (HUD) under the McKinney-Vento Homeless Assistance Act into a single grant program,
and revises the Emergency Shelter Grants program and renames it as the Emergency Solutions Grants
(ESG) program, effective January 4, 2012, and
WHEREAS, pursuant to the Grant the City is undertaking certain activities, and
WHEREAS, the City desires to engage the Agency to give certain assistance in connection with
such undertakings and the Agency desires to perform the activities identified herein, and
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein,
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. "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to
act on its behalf.
C. "Program" means the Emergency Solutions Grant approved by HUD as the same may be amended
from time to time.
2. SCOPE OF SERVICES / PROJECT DESCRIPTION: The Agency shall perform all services
according to the Scope of Services / Project Description attached as Appendix I and made apart 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 attached as Appendix I,
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.
6. AWARD: It is expressly understood and agreed that in no event will the City pay the Agency more
than $32,000.00 (thirty-two thousand dollars) 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: It is anticipated that no income shall ever be directly generated from this
activity. However, if income is received, the Agency must contact the City regarding how the funds
can be used.
8. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Agency agrees to comply with the
provisions of 24 CFR 576.57(b) and its applicable requirements and standards which include but are
not limited to the following:
A. Allowable an Costs. o ts. Costs must be necessary, reasonable and directly related to the
Scope of Services / Project 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. Documentm iot1„ trf CCosts,. 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. lea s(6ction 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 acid lZe ores:
1. Establlslinient_and Maiptenatice 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 five (5) years after receipt of final payment under this Contract.
2. Reports.
(a) At such times and in such forms as HUD or the City may require, there shall be furnished
to HUD or the City such statements, records, data and information as HUD or the City may
request pertaining to matters covered by this Contract.
(b) The Agency shall submit to the City periodic progress reports as established in the Scope
of Services / Project Description attached as Appendix I.
3. Non-Expgndablq 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 1' 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 replacement and upkeep of all such property.
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4. f c q ratTioa vv�t l,w g �t y. „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.
City aiid 1�edexal Audits.
(a) Agencies with expenditures totaling $750,000 or more from all federal sources for the most
recent ended fiscal year shall have a Single Audit conducted in accordance with the Single
Audit Act, 2 CFR Part 200, and Generally Accepted Government Auditing Standards for
that fiscal year. Agencies that do not qualify for an A-133 audit shall submit a CPA
Audited Financial Statement, or at a minimum a Certified Annual Financial Statement
(CFA). Audited Financial Statements and CFAs will be accepted only from those agencies
that can document they did not qualify for an A-133 audit. Agencies shall ensure that their
independent auditors conduct the proper type of audit. A-133 Single Audits shall be
submitted to the City no later than nine (9) months after the end of the agency's fiscal year;
CPA Audited Financial Statements and CFAs shall be submitted no later than six (6)
months after the end of the 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 any time during normal business hours and as often as the City, HUD and/or the
Comptroller General of the United Stated may deem necessary, there shall be made
available to the City, HUD and/or representatives of the Comptroller General for
examination of all its records with respect to all matters covered by this Contract. Further,
the Agency shall permit the City, HUD and/or representatives of the Comptroller General
to audit, examine and make excerpts of transcripts from such records, and to make audits
of all contracts, invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Contract.
2. Periodic Review. At regular intervals during the term of this Contract the City may conduct
reviews of the content and progress of the Agency services. If, as a result of such review, it is
the opinion of the City that revisions of the Scope of Services (see paragraphs 2 and 3 above)
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;
(e) suspension or termination by HUD of the Grant to the City under which this Contract is
made, or the portion of it delegated by this Contract; provided, however, that if the Grant
is merely reduced and 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. P!:(jCCt CIOSC-_CLIt. 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. It is anticipated there will be no assets at the conclusion, cancellation,
assignment or termination of this Contract. If there are the Agency shall contact the city for
appropriate disposition under applicable OMB circulars.
9. COMMUNITY DEVELOPMENT IDENTIFICATION IN PROJECT ACTIVITIES:
A. All buildings, offices, vehicles and other such property purchased or supported in whole or in part
with funds made available under this contract shall identify the Program as a sponsor of the activity.
B. All pamphlets, brochures or other printed material prepared and/or distributed by the Agency in
connection with activities for which Community Development funding is provided under this
Contract shall identify the Program and HUD as sponsors of the activity by the inclusion of the
following statement of all such material:
"This (brochure, pamphlet, etc.) was produced (in whole or in part) with the
assistance of the City of South Bend Community Development Program through
funds made available by the 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.
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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. L LJ`AL OPPORTUNITY AND NONDISCRI9'1 MATIOG : The Agency agrees to comply with
equal opportunity requirements applicable to Emergency Solutions Grant activities. Specifically,
Agency agrees to comply with:
A Title VII, Civil R rghts ,Act of 1964, which provides that no person in the United States shall on the
ground of race, color, or national origin be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.
B. Title Tll, Civil W,&"ht Act,aof 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, disability, familial status (having one or more children under age 18 and/or pregnant women),
and national origin. The Secretary of HUD (and grantees) shall administer programs and activities
relating to housing and urban development in a manner affirmatively to further the policies of this
Title.
C. Sectimi 109, 1 E, aaJ Lmag a_rid Con,i iuni_ty velo�a lgpt t.,caf 1977, as amended, which provides that
no person in the United States shall on the ground of race, color, national origin, disability, age,
religion, and 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. Age 1 is rrn rnat on l c1 ` 75, which provides that no person shall on the basis of age, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance.
E. Section „504 of the Rehabilitation Act of l 973, which provides that disabled individuals may not be
excluded from participation in, be denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
F. Executive finder 11063, as amended by Executive Order 12259, which requires equal opportunity
in housing and related facilities provided by federal financial assistance.
G. Executive Order 11246, as amended by Executive Orders 11375, 12086, and 13672 which prohibits
discrimination on the ground of race color, religion, disability, national origin, sexual
�' g Y, sex,
orientation, or gender identity in all phases of employment under federally assisted construction
contracts, and requires contractors and subcontractors to take affirmative action to ensure fair
treatment in employment and training practices.
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H. M and _ 1— ! ti, which provides that to the greatest extent
.a��tt�ta Ilo�a�.
Si i Urban e v�elo�nnc�.11 I )t��,
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:
1, 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:
"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 and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701(u). Section 3 requires that to the greatest extent feasible,
opportunities for training and employment be given lower income residents of
the project area and contracts for work in connection with the project be
awarded to business concerns which are located in or owned in substantial
part by persons residing in the area of the project. "
2. The parties to this Contract will comply with the provisions of Section 3 and the regulation
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in Title
Twenty -Four 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.
3. 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.
4. 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.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all
applicable rules and orders of the Department issued thereunder prior to execution of the
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.
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13. 01111KR REQUIREMENTS: Id.'MENTS: Notwithstanding the City's responsibilities with respect to the
requirements listed below, the Agency agrees to comply with the following requirements, when
applicable:
A :ational,.,,,i�rca am Ibr l ling It mBusiness 1 ¢zterli se. The Agency agrees to comply with the
provisions of Executive Order 11625.
B. Relocation and .cquisi4iRn1. 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 576.408, which may be amended from time to time.
C. Environnien�t�. 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.), the provisions of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and the regulations pursuant to these
Acts, and the environmental review responsibilities of 24 C.F.R. 576.407(d), when applicable.
D. I listor is 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,
to be eligible for inclusion in the National Register of Historic Places.
E. Arc s. The Agency agrees to comply with the Architectural Barriers Act of 1968
, Architectural Barrier,
(42 U. S.C. 4151) when applicable and with handicapped access requirements of the State of Indiana
and the City of South Bend.
F. Cultural.,ln p. vironment. The Agency agrees to comply with the provisions of Executive Order 11593.
G flood Disaster. The Agency agrees to comply with the provisions of the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001, et seq.) and regulations pursuant to it.
H. BUildzrag_Stanc9 d,s. The Agency agrees that any building for which Emergency Solutions Grant
Funds are used will comply with the provisions of 24 C.F.R. 576.403.
I. iccorIecla�1Ig. The Agency Agrees to comply with the recordkeeping and confidentiality
standards detailed in 24 C.F.R. 576.500.
J. else as an l mc!t ggtLgy Shelter, The Agency agrees to the use restrictions contained in 24 C.F.R.
576.102.
K. Homeless As
sistance. stance. The Agency agrees to comply with the provisions in 24 C.F.R. 576.405
concerning assistance and participation of homeless individuals in the program.
L. Dilsplacenngt t. The Agency agrees to minimize displacement of persons as a result of the project
L—
as discussed in 24 C.F.R. 576.408.
M. I l_gible Activities. The Agency agrees that Emergency Solutions Grant Funds will be used only
for eligible activities discussed in 24 C.F.R. 576.100.
N. 1I iuVcztte Act. The Agency agrees to abide by the new requirements of the McKinney-
-7Vento Act, 42 U. S.C. § 11371 et seq. as amended by the Homeless Emergency and Rapid Transition
to Housing Act of 2009 (Pub. L. 111-22) (HEARTH Act), regarding the implementation of policies
to assist in preventing discharge of persons from publicly funded institutions or systems of care
from immediately resulting in homelessness.
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O Information tlaa�tion Collecting. The Agency agrees to comply with HUD's standards for the collection
,
and reporting of information and participation in a local information system.
P. l� ca1t��ty.._1 he t Prcye.�ntaon .����t�g�a��. 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 there under (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. PROHIBITIONS:
A P. ohabit,perat A-Vinst ,Ppygignt „cal 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. ?�ohibition 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.
1. No member, of
ficer, 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 personal or 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. "
D. Political Activity�l�rohibited,,. 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. Pr hibittcn of an 1 l rninatmrtar o(',,Lead-Based Paint 11,azard. Notwithstanding any other provision,
the Agency agrees to comply with the regulations set forth in 24 CFR 576.403(a) and all applicable
rules and orders issued there gander which prohibit the use of lead -based paint in residential
structures undergoing federally assisted construction or rehabilitation and require the inspection
and abatement of lead -based paint hazards. In addition, appropriate action must be taken to protect
shelter occupants from hazards associated with lead -based paint abatement procedures. Every
contract or subcontract including painting, pursuant to which such federally assisted construction
or rehabilitation is performed, shall include appropriate provisions dealing with lead -based paints
required under 24 CFR 579.403(a).
F. Prollbftion o[Assistance l�(),r Relgigg5�ALKtivities an l or f anrrat,ion . None of the funds
materials, property or services provided under this Contract may be used to promote religious
activities or to assist religious organizations in promoting secular activities unless specifically
allowed under 24 CFR 576.406.
G. I,obb r 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.
15. 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 any employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, Grant, loan, or cooperative agreement, the undersigned
representative of the Agency shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
C. The undersigned representative of the Agency shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants,
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 $10,000 and not more than
$100,000 for each such failure.
16. CERTIFICATION REGARDING DEBARMENT. SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION LOWER TIER COVERED TRAN ACTIO IS. A person who is
barred or suspended shall be excluded from federal financial and nonfinancial assistance and benefits
under federal programs and activities. The undersigned representative of the Agency certifies, to the
best of his or her knowledge and belief, that:
A. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this contract; and
B. It will include the following clause without modification, in all proposals, agreements, contracts,
proposals, or other lower tier covered transactions:
l X�Jl crtaoa 1�rarc......VolmalyL�' a
Exclusion Lower Tier Coveredr Transaction: (1) The prospective lower tier
participant certifies , by Submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency. (2) Where the prospective lower tier participant is
unable to certify to any of the statements in this certification, such prospective
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participant shall attach an explanation to this proposal.
17. 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 the new requirements of the McKinney-
Vento Act, 42 U.S.C. § 11371 et seq. as amended by the Homeless Emergency and Rapid Transition
to Housing Act of 2009 (Pub. L. 111-22) (HEARTH Act), is suspended or terminated.
18. C'LAIMS AGAINSI' CI fY: The Agency agrees to defend, indemnify and save harmless the City from
any and all claims of any nature whatsoever which may arise from the Agency's performance of this
contract; provided, however, that nothing contained in this Contract shall be construed as rendering the
Agency liable for acts of the City, its officers, agents or employees.
19. DRUG -FREE WORKPLACE. The Agency hereby covenants and agrees to make a good faith effort
to provide and maintain a drug -free workplace as specified in 24 C.F.R. Part 24. 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 Agency's workplace.
False certification or violation of the certification may result in sanctions including, but not limited to,
suspension of payments, termination of the Grant or contract and/or debarment of grant opportunities
with the State of Indiana for up to three (3) years.
The Agency certifies and agrees that it will provide a drug -free workplace by:
A. Publishing and providing to all of its employees a statement notifying their employees that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is
prohibited in the Agency's workplace and specifying the actions that will be taken against
employees for violations of such prohibition; and
B. Establishing a drug -free awareness program to inform their employees of the (1) the dangers of
drug abuse in the workplace; (2) the Agency's policy of maintaining a drug -free workplace; (3) any
available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties
that may be imposed upon an employee for drug abuse violations occurring in the workplace.
C. Notifying all employees in the statement required by subparagraph (a) above that as a condition of
continued employment the employee will (1) abide by the terms of the statement; and (2) notify the
Agency of any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction;
D. Notifying in writing the City within ten (10) days after receiving notice 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.
10
20. The Organization hereby represents and certifies that it may enter into this agreement under Indiana
Code § 5-22-16.5-8 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.
IN WITNESS WHEREOF, the City and the Agency have executed this contract as of the date
first above written.
EMERGENCY SHELTER OPERATIONS
TheCenter ")r the 1-1om le , Inc.
BY:
TITLE:
DATE: '®
APPROVED FOR CITY OF SOUTH BEND
Pamela C. Meyer,„Ri e for
Neighborhood Development
DEPARTMENT OF COMMUNITY INVESTMENT
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
..A �m.� �...... ..
Gary (346t, President
......
Lra O'SLillivaii, Member
Elizabeth A. Maradik, Member
Therese J. D raLl, Member
Genevieve E. Miller, Member
t._
ATTEST(
CLERK
DATE: el 13 / ..)-o / R
11
APPENDIX I
SCOPE OF SERVICES — PROJECT DESCRIPTION
2019 EMERGENCY SOLUTIONS GRANT PROGRAM CONTRACT
The Center for the Homeless, Inc.
Emergency Shelter Operations
19-JE-33
1 /01 /2019 — 12/31 /2019
STATEMENT OF PURPOSE AND INTENT:
The purpose of The Center for the Homeless, Inc. grant is to fund Emergency Shelter Operations at the
emergency shelter located at 813 S. Michigan Street, South Bend, in accordance with the requirements in
24 CFR 576.102 and 576.400.
PROPOSED GOAL SI:
The targeted goal for The Center for the Homeless, Inc.'s Emergency Shelter Operations activity is to
subsidize the cost of Emergency Shelter Operations for homeless individuals and families that are residents
of its shelter facility at 813 S. Michigan Street, South Bend.
Emergency Shelter Operations services include:
Utility costs
Homeless Individuals and families must meet the criteria under paragraph (1) of the "homeless" definition
in 576.2 or meet the criteria under paragraph (4) of the "homeless" definition and live in an emergency
shelter or other place described in paragraph (1) of the "homeless" definition.
TIMETABLE:
The Emergency Shelter activity shall commence as of January 1, 2019 and shall continue to and include
December 31, 2019. All funds unobligated by December 31, 2019 and all funds unspent by January 31,
2020 will be subject to reprogramming at the option of the City.
COST CATEGORIES:
Costs must be necessary, reasonable and directly related to the grant in accordance with the Statement of
Purpose of Intent. Eligible cost categories are: Emergency Shelter as defined at 24 CFR Part 576.102(a)(3).
CLAIM REIMBURSEMENT
The City of South Bend contracts with ESG sub -recipients on a cost reimbursement basis. Under such an
agreement, the City agrees to reimburse the subrecipient or developer for work performed and/or costs
incurred, up to and including the total amount specified in the ESG contract.
For ESG reimbursement requests to be considered, the following supporting documentation must be
included with claims submitted to DCI:
Copy of vendor invoice. Each invoice should note:
o Date that expense was incurred
o Amount of expense
o Vendor name and address
o Purpose of expense, i.e. "furnace installation at 123 Main Street"
o Subrecipient or developer approval for payment
Front and back of sub -recipient's cancelled check; OR
front of the subrecipient's check along with an account register that documents invoice was paid;
OR
other mutually agreed upon documentation proving that payment was made prior to requesting
12
reimbursement;
If requesting payroll reimbursement, copies of time sheets that indicate number of hours worked
on ESG-eligible activities. Timesheets should include employee and supervisor signatures.
Department of Community Investment staff will review each request for reimbursement against
supporting documentation and the contract Scope of Services. No payment shall be made except for
services within the scope of each contract, therefore it is extremely important that subrecipients verify the
ESG eligibility of an expense prior to expending funds. Claims for reimbursement that are submitted with
insufficient documentation and/or that are incorrect will not be paid until the deficiencies and/or errors
have been corrected.
It is important that sub -recipients submit claims for reimbursement regularly; preferably on a monthly
basis, but no less than quarterly. The City will make payment to the subrecipient as soon as practicable,
but not more than thirty (30) days after an invoice is received, assuming all supporting documentation is
attached and correct.
PLEASE NOT E: In certain circumstances, sub -recipients or developers may be provided with advance
payments for expenses incurred but not yet paid. In such instances, the subrecipient or developer must
provide acceptable documentation (as previously noted) to DCI staff that proves payment was made to the
vendor no more than three (3) days after receipt of ESG funds from the City. Any arrangement to receive
advance payments must be agreed upon between the City and the subrecipient or developer prior to
submission of a claim to request funds.
PROGRAM BUDGET:
The total cost of the Center for the homeless 2019 Emergency Shelter Activity shall not exceed $32,000.00.
MATCH CONTRIBUTION:
The match contribution to be made to the Emergency Shelter activity shall be no less than 100% of the total
ESG monies in the activity or $31,000.00 and shall be spent on ESG eligible activities per 24 CFR 576.201.
The agreed upon eligible match contribution for this activity is from the following source(s):
• Volunteer labor at $10.00 / hour
Proper documentation of match dollars used in the activity must be kept in project files and submitted to
the City upon request.
PRIOR APPROVAL:
To expend funds for cost categories, types of activities, or locations not listed above will require prior
written approval from the Department of Community Investment. Prior written approval must be obtained
for any reductions, deletions, or additions to the approved line item budget.
NON -EXPENDABLE PROPERTY:
Notwithstanding any provision hercin to the contrary, no costs may be incurred for non -expendable property
(equipment, furniture, fixtures, etc.) without obtaining written approval from the Department of Community
Investment.
FINANCIAL AND ADMINISTRATIVE REPORTS:
The Agency shall utilize the Monthly Reimbursement and Program Report (R & P Report) supplied by the
City for submission of claims and activity status reports to the City. The Agency understands that:
1) Claims for reimbursement of expenses (goldenrod forms) shall be accompanied by an R & P Report
13
and by proper documentation (check copies, invoices, staff time distributions, etc.) and
2) R&P reports shall be due with each request for reimbursement. At a minimum, a report must be
submitted on a quarterly basis.
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
APPENDIX II
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 OFr .:.. )
SS:
LO L COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm, company,
corporation or partnership represented by him, entered into any combination, collusion or agreement
with any person relative to the price to be bid by anyone at such letting nor to prevent any person from
bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any
other bid and without any agreement, understanding or combination with any other person in
reference to such bidding. Contractor further says that no person or persons, firms, or corporation has,
have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account
of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended
from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
L Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit,
is a person identified on list published by the Indiana Department of Administration..
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
documentation of enrollment and participation in the E-Verify Program is included and attached as part
of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public contract
to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the subcontractor subsequently learns is an
unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify
Program. The Contractor agrees to maintain this certification throughout the term of the contract with
the City of South Bend, and understands that the City may terminate the contract for default if the
Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by
the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
City of South Bend through its agencies, boards, or commissions shall not discriminate against any
employee or applicant for employment in the performance of a City contract with respect to hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to
employment because of race, sex, religion, color, national origin, ancestry, age, gender expression,
gender identity, sexual orientation or disability that does not affect that person's ability to perform the
work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any
combination of the foregoing including, but not limited to, public works contracts awarded under public
bidding laws or other contracts in which public bids are not required by law, the City, its agencies,
boards, or commissions may consider the Contractor's good faith efforts to obtain participation by
those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's
Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or 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 Nora -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 &qday of
I�im ill IV
iai +I��iiwQll� r,r �ill���llsl�i+l%N
Contrac Bidder (Firm)
Signat re of Contractor/Bidder or Its Agent
eao
Printed Name and Title
Subscribed and sworn to before me this day of .. �_� , 20LL
My Commission Expir(KE
(VOTARY PUBLIC STATE OF INDIA
r ary ublic
SEAL
ST. ,FOR - 7ce .� .M.
MY COMMISSION E PIRES :IULY 6, 2025
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 7/26/2019
Name Lor 'I'lrnm � Department DCI
—... ....� _... ..mm _m m .............. ...... �.�..
BPW Date 8/13/2019 Phone Extension 5841
wffi 41V�RIIVWIVIVIIVN NiIDYf." e_.n" ° M�;. mgAkN=nnrzwnumr.;�rF<I No AK,�:irY�%1A�-4�MW 1@I' rnirrmrvrwrffN,YY^N'N��N IW�. a id—YiVWNIrM1MdYpftlM19FY_ + , A IUII�gWIVMgNHAYNAC� i'¢P9'HPfi9W.YWM'iWN'u'�ddv�NEY.�—,�mmvri mF'2�18'M'M'.WX��YWFP IN SS
_... .._ ..
ieguired Prior to Submittal to Board
BP
W Attorney
® Attorney Name Clara McDaniels
Dept. Attorney ® Attorney Name Sandra Kennedy
Purchasing ® Michael Schmidt
Aral rooriatd Item
Professional Services Agreement Contract
❑� Open Market Contract 0 Amendment/Addendum
E] Bid Opening []Bid Award
�j Quote Opening ❑ Quote Award
Proposal Opening [:1 C/O & PCA No.
Chg. Order, No. E] Traffic Control
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
$32,000.00
1/01/2019 — 12/31/2019
All Submissions
Proposal
LJ Special Purchase, QPA
E] Req. to Advertise
Reject Bids/Quotes
PCA
E] Resolution
Ease./Encroach
Subsidize the cost of operatin.2 a homeless shelter
❑ Title Sheei
. .� �
For C I���rr�Orders ._.... Ae... ......_��..,,�.. ..� �........ ...
Amount of ❑ Increase
E] Decrease
Previous Amount
Current Percent of Change:
New Amount
Total Percent of Change:
Time Extension Amount;
New Completion Date:
R
Increase
%
Decrease
%
Increase
%
Decrease
( %