HomeMy WebLinkAboutAgreement - Community Investment Staff Work Related to CHC Programs - Community Homebuyers Corp.1316 COUNTY -CITY BUILDING
PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD
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f FAx 574/235-9171
SOUTH BFND_ INDIANA 46601-I930
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LIC WORKS
November 12, 2019
Mr. Mark Dollinger
Community Homebuyers Corporation, Inc.
227 W. Jefferson Blvd. #12
South Bend, IN 46601
RE: Agreement
Dear Mr. Dollinger:
The Board of Public Works, at its meeting held on November 12, 2019, approved the above
referenced agreement for Community Investment staff help with CHC programs, in the
amount of $20,000 paid to the city.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
AGREEMENT FOR STAFF SUPPORT
THIS AGREEMENT is between Community Homebuyers Corporation, Inc., an Indiana
not -for -profit corporation (CHC), and the City of South Bend, by and through its Board of Public
Wor on behalf of its Department of Community Investment (City) entered into this _0`., day
of 2010,
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.
3 Accounting and financial reporting functions, including grant
applications and reporting.
4, Post Purchase Counseling to CHC clients
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, 2020 through and including
December 31, 2020.
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
CORPORATION, INC.
By —A
✓
Mgar'k�D�ollinger., President
Date: /co A
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
By:
Gary A. i ot, President
By:
TheIse A. Dore u, Member
Elizabeth A. Maradik, Member
B
7Laura
vi " a E. M11M rMem er
By:
O'Sullivan, Member
Atte r 2rP
"inda M. Martin,
Date: /I Ll.;,-%9
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING
INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT
AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
STATE OF
(Must be completed for all quotes and bids. Please type or print)
) SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm, company,
corporation or partnership represented by him, entered into any combination, collusion or agreement
with any person relative to the price to be bid by anyone at such letting nor to prevent any person from
bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any
other bid and without any agreement, understanding or combination with any other person in
reference to such bidding. Contractor further says that no person or persons, firms, or corporation has,
have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account
of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended
from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit,
is a person identified on list published by the Indiana Department of Administration.
Non -Collusion Non -Debarment Affidavit 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 ' A/'� 20 /9
Signature of Contractor,/Bidder or Its Agent
i
Printed Name and Title
Subscribed and sworn to before me this,
day of 20
vyMe Note) _a
1 " k.00K-TINKEL
y P Joseph � +r
county Notary Public
. � Commission # 644747
My Commission Expires
May 28, 202
f Residence
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 11/05/19
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Department DCI..... ..� . .... .._.� .
BPW Date 11/12/"19 Phone Extension 6209
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BPW Attorney ® Attorney Name Clara Daniels
Dept. Attorney Attorney Name Sandra Kennedy
Purchasing ® Michael Schmidt
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ProfessionalServices Agreement Contract
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Bid Opening ❑ Bid Award
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Quote Opening ❑ Quote Award
Proposal Opening [❑ C/O & PCA No.
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MBE/WBE Contractor
WBE Completed E-Verify Form Attached Nos
Project Name
Staff Services
Project Number
N/A
Funding Source
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CHC Funds paid to City
Account No.
N/A
Amount
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Terms of Contract
1/l/2020-12/31/2020
Purpose/Description
Payment to City for DCI staff work related to CHC programs
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