HomeMy WebLinkAboutContract – Subsidize the Cost of Providing Moderate Repairs for Low-Moderate Income Homeowners - Rebuilding Together, St. Joseph County, Inc.OPINION OF PROGRAM ADMINISTRATOR* THAT MWBE GOAL SETTING UNDER
SOUTH BEND MUNICIPAL CODE CHAPTER 14.5 IS NOT REQUIRED
Date of Opinion: Jaguar y L7,2020
Date of Board of Public Works or Other Approving Body (Specify) Meeting: LantLdr 28,_Z020
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City Project Manager LQtyTi111t oqdQqj Aq!, ,N g�11.19rh_ _,pi j Iggr
Total Expenditure for Contract: $,.143 2,!�! -1nmu! ity lgwclgptant
Project Name: Rebuilding Together----- 4omeowner Rehabilitation Pro all
Project Number: 20-JC- 13
Reason for Opinion of No Goal Setting: Th pLml�a is -PILIAls existed in South
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Additional Comments: Contractor should make bqs_1.,effbrtLtQ cptl (Lcr usi kq
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I hereby certify that the above project does not require goal setting under the terms of South
Bend's Inclusive Procurement and Contracting Ordinance #10693-19, as codified in Chapter 14.5
Article 2, Section 14.5-3 of the South Bend Municipal Code.
X-Al"
Aladean DeRose
Interim Program Administrator
*Program Administrator means the person designated by and reporting directly to the Mayor to support the City's
inclusion, diversity, equity, and access goals. MWBE as used here means minority or women owned business
enterprises.
Opinion of Program Administrator Form
COMMUNITY INVESTMENT PROGRAM CONTRACT
COMMUNITY DEVELOPMENT BLOCK GRANT
Rebuilding Together, St. Joseph County, Inc.
Rebuilding Together Program
20-JC-13
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THIS AGREEMENT is entered into this ` day of .. „i t(, 2020, 'by, and
between the City of South Bend, State of Indiana, by and through its Board ok Public Works, for and on
behalf of the Department of Community Investment (the "City") and Rebuilding Together, ether St. Joseph
Count Inc. (the "Agency" or "Contractor") for their Homeowner Rehabilitation P"ro rarMt. This award is
granted under CFDA 14.218, Community Development Block Grant Program, U.S. Department of Housing
and Urban Development, Office of Community Planning and Development, Grant Number B-20-MC-18-
0011.
WHEREAS, the City has received a grant under Title I of the Housing and Community Development
Act of 1974, (P.L. 93-383), as amended, from the United States Department of Housing and Urban
Development ("HUD"); and ,
WHEREAS, pursuant to this grant, the City is undertaking certain activities; and
WHEREAS, the City desires to engage the Agency to give certain assistance in connection with such
activities;
NOW, THEREFORE, the City and the Agency do mutually agree as follows:
1. DEFINITIONS: --As used in this Contract:
A. "Agency" means the entity, whether public or private, which has the responsibility for administering
a project or activity.
B. "Area" means the corporate boundaries of the City of South Bend or one or more sections of the
Neighborhood Revitalization Area as specifically delineated in the Scope of Services/Project
Description, Appendix I, of this Agreement.
C. "Contractor" means an entity other than an Agency (except as noted in the Labor Standards
Provisions), that furnishes to the City or to an Agency services or supplies (other than standard
commercial supplies, office space or printing services).
D. "HUD" means the United States Department of Housing and Urban Development or a person
authorized to act on its behalf.
E. "Program" means the Community Development Program approved by HUD as the same may be
amended from time to time.
2. SCOPE OF SERVICES/PROGRAM DESCRIPTION: The Agency shall perform all services
according to the Scope of Services/Project Description attached as Appendix I and made a part of this
Contract.
3. AMENDMENTS: Any revision to this Contract, including Appendices, shall be made by written
amendment to this Contract and will be considered effective when approved by the City's Board of Public
Works.
4. COMPLIANCE WITH APPROVED PROGRAM: All activities authorized by this Contract shall be
performed in accordance with the Scope of Services/Project Description (Appendix 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
14 ,281.00 (one hundred forty-three thousand two hundred eighty-one 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: Any gross income directly generated from the use of the award funds shall be
used only for those activities delineated in the Scope of Services/Program Description and all relevant
provisions of this Contract shall apply to such activities. At the end of the program year, the City may
require remittance of all or part of any program income balances (including investments thereof) held by
the Agency (except for certain exceptions). Disposition of program income, as applicable, is outlined in
the Scope of Services/Program Description, Appendix I, and in compliance with 24 CFR 570.504(b) and
(c).
8. FISCAL AND ADMINISTRATIVE RESPONSI IIILI I IIES: The Agency agrees to comply with the
provisions of 24 CFR 570.502 and its applicable requirements and standards which include but are not
limited to the following:
A. Allowable and Allocable Costs. Costs must be necessary, reasonable and directly related to the
Scope of Services/Program Description of this Contract. hi addition, costs must be legal and proper.
The Budget included in Appendix I shall control amounts of allowable expenditures within budget
categories.
B. Documentation _o "tuts. All costs shall be supported by properly executed payrolls, time records,
invoices, contracts, or vouchers or other official documentation evidencing in proper detail the nature
and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other
accounting documents pertaining in whole or in part to this Contract shall be clearly identified and
readily accessible.
C. Restriction on, Disbutscincigs. No money under this Contract shall be disbursed by the Agency to
any contractor except pursuant to a written contract which incorporates the applicable requirements
of this Contract and HUD regulations and unless the contractor is in compliance with HUD
requirements for applicable accounting and fiscal matters.
D. Records and Reports;
1. Establishment. and Maintenance of Records.
Records shall be maintained in accordance with requirements prescribed by HUD or the City
with respect to all matters covered by this Contract. Except as otherwise authorized by HUD,
such records shall be maintained for a period of four (4) years after receipt of final payment
under this Contract.
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2. Reports.
At such times and in such forms as HUD or the City may require, there shall be furnished to
HUD or the City such statements, records, data and information as HUD or the City may request
pertaining to matters covered by this Contract.
(a) The Agency shall submit to the City:
(1) periodic progress reports as established in the Scope of Services/Project Description
attached as Appendix I, due in the Department of Community Investment on the fifteenth
day following the end of the period established in the Scope of Services/Project
Description, and
(2) a report at the conclusion of the project for which funds are provided under this Contract
which summarizes the successes or failures of the assisted activity. Additionally, the
Agency shall provide statistical data with respect to services provided or persons
benefited under this Contract.
3. Non-exnenclable PrglNay.
(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 I;nstirance and Maintenance. For all non -expendable property purchased under this Contract,
the Agency shall maintain sufficient insurance to cover the cost of replacement due to loss
by fire, theft, or accidental damage. The Agency shall also be responsible for the
maintenance and upkeep of all such property.
4. Coo eration with Agency.
The City shall provide all available maps, reports, and other data requested by the Agency to
accomplish the services which are the subject of this Contract. The Agency shall pay for all
articles so supplied.
E. Audits and Reviews:
1. Cityatid Federal 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, OMB Circular A-133 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 States may deem necessary, there shall be made available
to the City, HUD and/or representatives of the Comptroller General for examination all of
its records with respect to all matters covered by this Contract. Further, the Agency shall
permit the City, HUD, and/or representatives of the Comptroller General to audit, examine
and make excerpts of transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Contract.
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 to the Scope of Services/Program Description are necessary or the methods
employed by the Agency are inappropriate, the City may require such revisions by notifying the
Agency in writing. Upon receipt of such notification of revision, the Agency shall, within ten
(10) days, propose the manner in which such revisions shall be made. The proposed revisions
shall be subject to the City's written approval and amendment to this Contract.
F. Termination.
1. By giving five (5) working days written notice specifying the effective date, the City may
terminate this Contract in whole or in part for cause, which shall include:
(a) failure, for any reason, of the Agency to fulfill in a timely and proper manner its obligations
under this Contract, including compliance with the approved program and Contract
conditions, and such statutes, executive orders, and HUD directives as may become
applicable at any time;
(b) submission by the Agency to the City of reports that are incorrect or incomplete in any
material respect;
(c) ineffective or improper use of funds provided under this Contract;
(d) failure of the Agency to supply the City with monthly reports and data necessary to the
continuing planning process of the City; or
(e) suspension or termination by HUD of the grant to the City under which this Contract is made,
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. i't , tm CmIOSe-O L,.t. 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. ReversionofAssets. At the conclusion, cancellation, assignment or termination of this Contract, the
disposition of assets under this Contract shall be in compliance with 24 CFR 570.502, 24 CFR
570.503, and 24 CFR 570.504 as applicable, which include but are not limited to the following:
1. Personal property and equipment acquired under this Contract shall revert to the City for
disposition in compliance with 24 CFR 570.502.
2. Where there is a residual inventory of unused supplies in excess of Five Thousand Dollars
($5,000) in total aggregate fair market value in which the Agency has vested title through
acquisitions under this Contract, and where there is no need for said supplies for any other
federally sponsored programs or projects, the Agency shall compensate the City for its share in
compliance with 24 CFR 570.502.
3. The Agency shall transfer to the City any funds on hand and any accounts receivable attributable
to the use of funds under this Contract at the time of expiration, cancellation, or termination.
4. Real property under the Agency's control that was acquired or improved in whole or in part with
funds under this Contract, including loans made to the Agency, in excess of Twenty Five
Thousand and 00/100 Dollars ($25,000.00), unless otherwise specified in Scope of
Services/Program Description, Appendix I, shall be (a) used to meet one of the national
objectives pursuant to 24 CFR 570.208 until five years after expiration of this Contract, or (b)
not used in accordance with H(4)(a) of this section, in which event the Agency shall pay to the
City an amount equal to the current market value of the property less any portion thereof
attributable to expenditures of non -Contract funds for acquisition of, or improvement to, the
property.
9. COMMUNITY DEVELOPMENT IDENTIFICATION IN PROJECT ACTIVITIES:
A. All buildings, offices, vehicles and other such property purchased or supported in whole or in part
with funds made available under this Contract shall identify the Program as a sponsor of the activity.
B. All pamphlets, brochures or other printed material prepared and/or distributed by the Agency in
connection with activities for which Community Development funding is provided under this
Contract shall identify the Program and HUD as sponsors of the activity by the inclusion of the
following statement in all such material:
"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.
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. F'+C UAL OPPORTUNITY AND NONDISCRIMINATION: The Agency agrees to comply with
equal opportunity requirements applicable to Community Development Block Grant activities.
Specifically, the Agency agrees to comply with:
A. Title VjlCivitjeights 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 " ILL Sj i1,_r Lights Act; of 1968, as amended by the Fair Housing Amendments Act of 1988,
which provides for fair housing throughout the United States. Kinds of discrimination prohibited
include refusal to sell, rent, or negotiate, or otherwise to make unavailable; discrimination in
terms, conditions and privileges; discriminatory advertising; false representation; blockbusting;
discrimination in financing; and discrimination in membership in multi -listing services and real
estate brokers organizations. Discrimination is prohibited on the ground of race, color, religion,
sex, handicap, familial status (having one or more children under age 18 and/or pregnant
women), and national origin. The Secretary of 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. Section 109,Jlottsillgw�in(] Cotltmutlsty 13cyvJJgp�sient WAct of 1977, as amended, which provides
that no person in the United States shall on the ground of race, color, religion, national origin or
sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with funds made available under this
Title.
D. Section 504ITof the Rehabilitatmiiot Act of,1973,mmwhich provides that handicapped 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.
E. I ecutive Order 11063, as amended by Executive Order 12259, which requires equal
opportunity in housing and related facilities provided by federal financial assistance.
F. E,x,ecu.t.i.v.e-O.i-de.r.!-..1.2.46, as amended by Executive Orders 11375 and 12086, which prohibits
discrimination on the ground of race, color, religion, sex or national origin in all phases of
employment under federally assisted construction contracts and requires contractors and
subcontractors to take affirmative action to ensure fair treatment in employment and training
practices.
G
G. SegtQX 3, , fLoLk5rrlg_�:l Urban Development Act of 1968, which provides that to the greatest
extent feasible, opportunities for training and employment shall be given to lower income
residents of HUD -assisted project areas, and that contracts for work in connection with such
projects be awarded to business concerns which are located in or are owned in substantial part
by project area residents. In connection with its compliance with Section 3 and the Section 3
Clause set forth below, the Agency shall insert in full in all contracts and subcontracts for work
financed in whole or in part with assistance provided under this Contract the Section 3 Clause
which follows:
"A. The work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development ("HUD") and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities generated by HUD
assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing. Accordingly, Section 3 requires that to the
greatest extent feasible opportunities for 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.
B. The parties to this Contract will comply with the provisions of Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set
forth in Title 24, Code of Federal Regulations (24 CFR), and all applicable rules and orders
of the Department issued thereunder prior to the execution of this Contract. The parties to
this Contract certify and agree that they are under no contractual or other disability which
would prevent them from complying with these requirements.
C. The Contractor will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding if any, a
notice advising the said labor organization or workers' representative of his commitments
under this Section 3 Clause and shall post copies of the notice in conspicuous places available
to employees and applicants for employment or training. The notice shall describe Section
3 preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; the name and location of
the person(s) taking applications for each of the positions; and the anticipated date the work
shall begin.
D. The Contractor will include this Section 3 Clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development under 24 CFR. The Contractor will not subcontract with
any subcontractor where it has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply with the requirements of
these regulations.
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E. The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the contract is executed,
and (2) with persons other than those to whom the regulations of 24 CFR require employment
opportunities to be directed, were not filled to circumvent the Contractor's obligations under
24 CFR.
F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all
applicable rules and orders of the Department issued thereunder prior to execution of this
contract, shall be a condition of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient, its contractors
and subcontractors, its successors, and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is provided, and to such
sanctions as are specified by 24 CFR, which may include termination of this Contract for
default and debarment or suspension from future HUD assisted contracts."
The contracts shall also include additional language from Section 3 and from 25 U.S.0 450e to the
extent work performed in connection with Section 3 covers Indian housing assistance.
13. OTHER REQUIREMENTS: 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. N itio a1. Program i`or 1 li to tyww ft i� ,l ,ptq prise. The Agency agrees to comply with the
provisions of Executive Order 11625.
B. Relocation and ;_..AM,isit%n. The Agency agrees to comply with the provisions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), as
amended, and the regulations at 24 CFR 570.606, which may be amended from time to time.
C. Environment. The Agency agrees to comply with the Clean Air Act (42 U.S.C. 7401, et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) and the provisions of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and the regulations issued pursuant to
these Acts, when applicable.
D. Hi,stor ie P enervation. The Agency agrees to comply with the National Historic Preservation Act (16
U.S.C. 470, et seq.) and regulations pursuant to it. The Agency agrees to take into account the effect
of the project for which Community Development funding is provided under this Contract on any
district, site, building, structure, or object listed in or found by the Secretary of the Interior, pursuant
to 24 CFR 570.202, to be eligible for inclusion in the National Register of Historic Places.
E. Labor tandar(fs... When applicable, the Agency agrees to comply with the provisions of 24 CFR
570.603 and related local requirements which may be issued from time to time by the City of South
Bend's Department of Community and Economic Development. The Agency shall include in all
applicable construction contracts the provisions of federal law imposing labor standards on federally
assisted construction, including, but not limited to residential projects for use by eight (8) or more
families.
F. ArchitecturalBarriersand the Americans with Disabilities Act. The Agency agrees to comply with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151) in designing, constructing, or altering
buildings meeting the definition of Aresidential structure@ at 24 CFR 40.2. The Agency also agrees
to comply with The Americans with Disabilities Act (RADA@) in providing comprehensive civil
rights to individuals with disabilities in employment, public accommodations, government services,
and telecommunications; and complying with applicable handicapped access requirements of
Federal, State, and City requirements.
G. Cultural Environment. The Agency agrees to comply with the provisions of Executive Order 11593.
H. Flood l�igister. The Agency agrees to comply with the provisions of the Flood Disaster Act of 1973
(42 U.S.C. 4001, et seq.) and regulations issued pursuant to it.
L Id he[lmmmPreventiI)fin. 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 thereunder (16 CFR 681) and all related local requirements (including the
South Bend Board of Public Works Resolution No. 77-2008) which may be adopted from time to
time by the City of South Bend. The Agency shall include in all applicable contracts, the provisions
of federal, state and local law imposing an obligation to detect, prevent and mitigate identity theft in
connection with certain credit transactions on federally assisted projects.
14. LEAD-B AS JD PAINT": Notwithstanding any other provision, the Agency performing residential
housing rehabilitation under this contract, agrees: to comply with the regulations set forth in 24 CFR
570.608 and all applicable rules and orders issued thereunder which prohibit the use of lead -based paint
in residential structures undergoing federally assisted construction or rehabilitation; to perform
notification of lead -based paint hazard to tenants and purchasers as prescribed; and to perform inspection,
testing, and abatement actions as regulations require. Every contract or subcontract including painting,
pursuant to which such federally assisted construction or rehabilitation is performed, shall include
appropriate provisions prohibiting the use of lead -based paint.
15. DRUG -FREE WORKPLACE: The Agency hereby covenants and agrees to make a good faith effort
to provide and maintain a drug -free workplace. The Agency will give written notice to the City within
ten (10) days after receiving actual notice that an employee has been convicted of a criminal drug
violation occurring in the Agency's workplace.
False certification or violation of the certification may result in sanctions including, but not limited to,
suspension of payments, termination of the Grant or contract and/or debarment of grant opportunities
with the State of Indiana for up to three (3) years.
The Agency certifies and agrees that it will provide a drug -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
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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.
16. PROHIBITIONS:
A 11roITl ibition Against lea mneaits of Bonus or Commission. The assistance provided under this Contract
shall not be used in payment of any bonus or commission to obtain HUD or City approval of the
application for such assistance or for additional assistance, or any other approval or concurrence
required under this Contract, Title I of the Housing and Community Development Act of 1974, as
amended, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona
fide technical, consultant, managerial or other such services, rather than solicitation, are not
prohibited if otherwise eligible as program costs.
B. Prohibition Auainst 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. C,oifflict of Interest. In the procurement of supplies, equipment, construction, and services by the
Agency:
I. No member, officer, or employee of the City, or its designees or agents, no member of the
governing body of the City of South Bend or the Agency (and no one with whom they have
family or business ties) who exercises any functions or responsibilities with respect to the
program during his or her tenure or for one year thereafter, shall have any financial benefit, direct
or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under the Contract.
2. The Agency agrees that it will incorporate into every written contract the following provision:
"INTEREST OF CONTRACTOR AND EMPLOYEES: The Contractor covenants that
no person who presently exercises any functions or responsibilities in connection with
the Community Development Program, and no one with whom they have family or
business ties, has any personal financial benefit, direct or indirect in this Contract."
In all other situations, no Covered Person who exercises or has exercised any functions or
responsibilities with respect to CDBG activities assisted under this part, or who is in a position
to participate in a decision making process or gain inside information with regard to such
10
activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a
financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted
activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure or for one year
thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a
part of the UDAG project and shall cover any such financial interest or benefit during, or at any
time after, such person's tenure. A "Covered Person" is any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the recipient (the City), or of any
designated public agencies, or of subrecipients (the Agency) that are receiving funds under this
part.
D. Political Activity Prohibited. None of the funds, materials, property or services provided directly or
indirectly under this Contract shall be used for any candidate for public office or for political
activities.
E. Prohibition...of ....Reli, ig )its.._ Discriniin ttta�n and Assistance for Deli rim% �i,tmuit'gs.....and/o
Organizations. Organizations that are religious or faith -based are eligible, on the same basis as any
other organization, to participate in the CDBG program. An organization that participates in the
CDBG program shall not, in providing program assistance, discriminate against a program
beneficiary or prospective program beneficiary on the basis of religion or religious belief. None of
the funds, materials, property or services provided under this Contract may be used to promote
religious activities as set forth in 24 CFR 570.2000).
F. Lobbying Prohibited. None of the funds provided under this Contract shall be used for publicity or
propaganda purposes designed to defeat or support legislation pending before Congress.
17. CERTIFICATION REGARDING LOBBYING: The undersigned representative of the Agency
certifies, to the best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, or the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned representative of the
Agency shall complete and submit Standard Form-LLL, A Disclosure Form to Report Lobbying, in
accordance with its instructions.
C. The undersigned representative of the Agency shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts, subgrants and
agreements) and that all subrecipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required
11
certification shall be subject to a civil penalty of not less than Ten Thousand and 00/100 Dollars
($10,000.00) and not more than One Hundred Thousand and 00/100 Dollars ($100,000.00) for each
such failure. All liability arising from an erroneous representation shall be borne solely by the tier
filing that representation and shall not be shared by any tier to which the erroneous representation is
forwarded.
18. CERTIFICATION REGARDING DI13AR.IEN`I' SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION --LOWER TIER COVI+:I EI) TRANSACTIONS: A person who is
debarred or suspended shall be excluded from Federal financial and nonfinancial assistance and benefits
under Federal programs and activities. The Agency shall include the following clause without modifi-
cation, in all proposals, agreements, contracts, proposals, or other lower tier covered transactions.
(Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal):
" .ertificatioii.m llgM-.:l.izlg_ l l 1r11 z?%� Sus ensiozz„ lzze�igalall{%y acid._ o1�1tt11x"y
Exclusion -- Lower Tier Covered Transaction: The prospective lower tier participant
certifies, by submission of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency."
19. COMPLIANCE WITH FEDERAL RULES AND REGULATIONS: The Agency agrees to abide by
all applicable federal rules and regulations, as amended from time to time, including but not limited to
those federal rules and regulations referred to in this Contract. Unearned payments under this Contract
may be suspended or terminated upon refusal to accept any additional conditions that may be imposed
by HUD at any time or if the grant to the City under Title I of the Housing and Community Development
Act of 1974, is suspended or terminated.
20. The Organization hereby represents and certifies that it may enter into this agreement under Indiana Code
§ 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 A1Lc jn( %max 1I prior to the City's approval of this Agreement.
21. CLAIMS 'IS AGAINST CITY: The Agency agrees to defend, indemnify and save harmless the City, its
officers, agents or employees 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.
12
IN WITNESS WHEREOF, the City and the Agency have executed this Contract as of the date first above
written.
REBUILDING TOGETHER PROGRAM
Rebqlm tlmcltqt, a Joseph Cotintylac.
BY: °
TITLE: _.
DATE: )hL)' b90
Pamela C. Meyer,,
rector
��_
Neighborhood Development
DEPARTMENT OF COMMUNITY INVESTMENT
DATE: "" Is —cad age
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
t
M vate l aaadrk, Member
l oiiau, M
m
Mol:iiar, Meni
APPROVED FOR CITY OF SOUTH BEND
p
CLERK
DATE: ...����........... ww .�......�....�
13
APPENDIX I
SCOPE OF SERVICES and BUDGET
REBUILDING TOGETHER, ST. JOSEPH COUNTY, INC.
REBUILDING TOGETHER PROGRAM
20-JC-13
1/01/2020 - 8/31/2020
PURPOSE AND INTENT
The City of South Bend, in creative and affirmative partnership with City residents, private enterprise,
neighborhood and community organizations, and the Federal Government, is committed to the national
housing goal of "a decent home and a suitable living environment" for all persons. In attempting to achieve
this goal, the City of South Bend has identified projects to be undertaken. The City has determined that, for
some of these projects, there is a need to secure the services of organizations with special expertise to
supplement staff efforts. Therefore, Community Development Block Grant funds will be utilized through
Rebuilding Together, St. Joseph County, Inc. to implement rehabilitation activities for low- and moderate -
income residents in targeted neighborhoods.
TARGETED GOALS
The targeted goals for the Rebuilding Together Program include housing repairs for no less than 18
low/moderate income homeowners. If, for any reason, there is difficulty in achieving this goal, the Agency
must notify the Department of Community Investment of the problem(s) so the matter(s) can be rectified in a
timely manner.
GUIDELINES
Households with income in the low- or moderate- income range (as defined from time to time by HUD) are
eligible applicants for assistance under this activity. Annual limits as of June 28, 2019 are:
FY 2019 CDBG-HOME-ESG Income Limits (Effective 6/28/19)
1-Person
2-Person
3-Person
4-Person
5-Person
6-Person
7-Person
8-Person
Household
Household
Household
Household
Household
Household
Household
Household
30% AMI
13,800
mmmWW23,000
15,800
17,750
19,700mmmmmmm
21,300
22,900
24,450
mm mmmm26,050
-m m43,300 ...
50% AMImmm
26,250
29,550
32,800
35,450
38,050
40,700
..........m.�
.............................-
°
60/° AMI
27,600
31,500
35,460
39,360
42��..........�.
,540
45,660
48,840
51,960
80% AMI
36, 750
42,000
47,250
52,500mmmmmmmX
56,700
60,900
65,100
69,300
ACTIVITY SERVICE AREA
The activities under this contract must take place in Census Tracts 2, 4, 5, 6, 19, 20, 21, 22, and 23 in South
Bend.
TIMETABLE
Costs may be incurred when the Agency is notified to proceed by the Department of Community
Investment. The activity shall commence on January 1, 2020 and shall continue to and include August 31,
2020. All funds unobligated by 8/31/20 and all funds unspent by 9/30/20 will be subject to reprogramming
at the option of the City.
14
PROGRAM BUDGET
The total cost of Rebuilding Together Program (20-JC-13) shall not exceed $143,281.
COST CATEGORIES
In accordance with the statement of purpose and intent, the following HUD eligible cost categories have been
established:
2. Labor and materials associated with the rehabilitation of residential units in the Rebuilding Together
program; and
3. Salary and benefits for a staff person involved in inspecting and assessing client homes, creating
work specifications, bidding and contracting construction trades work, and overseeing rehabilitation
activities associated with the Rebuilding Together program.
PRIOR APPROVAL
To expend funds for cost categories or types of activities not listed above or contained within the appendices
will require prior written approval from the Department of Community Investment.
NON -EXPENDABLE PROPERTY
Prior written approval from the Department of Community Investment will be required in order to expend
funds for cost categories, types of activities, or locations not listed above. Prior written approval must also
be obtained for any reductions, deletions, or additions to the approved line item budget.
FINANCIAL AND ADMINISTRATIVE REPORTS
The Agency shall submit an environmental checklist for each property proposed for repair before any work
is commenced. The Agency shall also submit a final report consisting of a complete list of persons
benefiting from the Rebuilding Together program including name, address, race, ethnicity, household size
and income, plus indication if female head of household. The Agency understands that claims for
reimbursement of expenses shall be accompanied by proper documentation (check copies, invoices, staff
time distributions, etc.) The final report is due at the completion of the activity. Information regarding
volunteer labor (number of hours) and value (in dollars) of donated materials is also required.
The City reserves the right to refuse any or all claims not properly supported with adequate and proper
documentation of claims and activity progress.
15
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 OFJjy-,[,' )
) SS:.
COUNTY
4. )
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.
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 ofQan
. 20 .�
�P
LORY L 11MMER
x
s •-
Sit Joseph County
My CoMmission ExplMs
"
September 2 , D2
Con actor/d��r (Firml
Signature of Contractor/Bidder or Its Agent
fen
Printed Name and Title
Subscribed and sworn to before me this °" day of �° , iYL , 2019
My Commission Ex iresw.'a)*?(
Notary, lic 71Y'V7 it* —
County of Residence ,m
Non -Collusion Non -Debarment Affidavit Non Iran Form 2016
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date
Name
1/15/20.................�......�.
Timmer
Department DCI
BPW Date 1/28/20 Phone Extension 5841
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mmReview and A a waaal 1uircd Pror to iSubmittal to Board
e....---......... _� �wa a.._.�, A... �.�..��_... ._.. � w..._. .�._.._..�...
Diversity Compliance ® Officer Name Aladean DeRose
and Inclu
sion Officer
w �. ,.BPW Attorney . Attorn......,....
ey Name Clara McDaniels
Dept. Attorney
Purchasing
Check the
Attorney Name
Michael Schmidt
Sandra Kennedy
Item Type Rew
L_J Professional Services Agreement N Contract
El Open Market Contract ❑ Amendment/Addendum
Bid Opening
❑ Bid Award
Quote Opening
El Quote Award
❑ Proposal Opening
Q❑ C/O & PCA No.
F1 Chg. Order, No.
ETraffic 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
Mired Informa
$143,281
1 /01 /2020 - 8/31 /2020
'1 for All Submissions
. ..._...�.. _....._............. _.
El Proposal
L J, Special Purchase, QPA
El Req. to Advertise
❑] Reject Bids/Quotes
PCA
Resolution
Ease./Encroach
❑ Title Sheel
-Subsidize the cost of providing moderate repairs for low -moderate income
homeowners
... __—--------- _ Chw,
For , lig Orders Only
Increase
Amount of Decrease
Previous Amount
Current Percent of Change
New Amount
Total Percent of Change:
Time Extension Amount:
New Combletion Date:
Increase
%
Decrease
( %
.............-_-
Increase
_.___ m.............................. � .�..
/o
Decrease
( %