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HomeMy WebLinkAboutContract - Western Ave District - DCI1 COMMUNITY INVESTMENT PROGRAM CONTRACT COMMUNITY DEVELOPMENT BLOCK GRANT City of South Bend, Department of Public Works Infrastructure for the Western Avenue Transformation District 24-JC-80 THIS AGREEMENT is entered into this 25th day of August , 2026, by and between the City of South Bend, State of Indiana, by and through its Department of Community Investment (the “City”) and City of South Bend, Board of Public Works. (the “Agency” or “Contractor”) for their Infrastructure for the Western Avenue Transformation District. 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-24-MC-18-0011. WHEREAS, the City has receives an annual 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, the Section 108 Program allows local governments to utilize portions of their CDBG funds into federally guaranteed loans; WHEREAS, the City of South Bend has been awarded a Section 108 loan to perform infrastructure to support the Western Avenue Transformation District; WHEREAS, pursuant to this grant, the City is undertaking certain activities using Section 108 funds; 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 foradministering a project or activity.B.“Area” means the corporate boundaries of the City of South Bend or one or more sections of theNeighborhood Revitalization Area as specifically delineated in the Scope of Services/ProjectDescription, Appendix I, of this Agreement.C.“Contractor” means an entity other than an Agency (except as noted in the Labor StandardsProvisions), that furnishes to the City or to an Agency services or supplies (other than standardcommercial supplies, office space or printing services).D.“HUD” means the United States Department of Housing and Urban Development or a personauthorized 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 2 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 Department of Community Investment. 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 $10,000,000.00 (Ten Million 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 RESPONSIBILITIES: The Agency agrees to comply with the provisions of 24 CFR 570.502, as amended, 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. In addition, costs must be legal and proper. The Budget included in Appendix I shall control amounts of allowable expenditures within budget categories. B. Documentation of Costs. 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 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 and Reports: 3 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 five (5) years after receipt of final payment under this Contract. 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-expendable 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 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. Cooperation 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. City and Federal Audits. (a) Agencies with expenditures totaling $1,000,000 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 200, and Generally Accepted Government Auditing Standards for that fiscal year. Agencies that do not qualify for a Single 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 a Single Audit. Agencies shall ensure that their independent auditors conduct the proper type of audit. 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 4 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. 3. 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 5 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. Project Close-Out. 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. 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. 6 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. EQUAL OPPORTUNITY AND NONDISCRIMINATION: The Agency agrees to comply with equal opportunity requirements, as amended, applicable to Community Development Block Grant activities. Specifically, the Agency agrees to comply with: A. Title VII, Civil Rights 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 VIII, Civil Rights 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, Housing and Community Development Act 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 504 of the Rehabilitation Act of 1973, which provides that handicapped individuals 7 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. Executive Order 11063, as amended, including by Executive Order 12259, which requires equal opportunity in housing and related facilities provided by federal financial assistance. F. [Reserved] G. Section 3, Housing and 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. 1701u (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 8 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. 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.C 450e to the extent work performed in connection with Section 3 covers Indian housing assistance. 13. OTHER REQUIREMENTS: Notwithstanding the City's responsibilities with respect to the requirements listed below, the Agency agrees to comply with the following requirements, when applicable: A. National Program for Minority Business Enterprise. The Agency agrees to comply with the provisions of Executive Order 11625, as amended. B. Relocation and Acquisition. 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. Historic 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, pursuant to 24 CFR 570.202, to be eligible for inclusion in the National Register of Historic Places. E. Labor Standards. 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 9 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. Architectural Barriers and 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 (AADA@) 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, as amended. H. Flood Disaster. 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. I. Identity Theft Prevention Program. 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-BASED 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 10 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. 16. PROHIBITIONS: A. Prohibition Against Payments 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 Against 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. In the procurement of supplies, equipment, construction, and services by the Agency: 1. 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: 11 “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 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. 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 Religious Discrimination and Assistance for Religious Activities and/or 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 570.200(j). G. 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. H. Protection from Reprisal for Disclosure of Certain Information. Contractor must abide by 41 U.S.C. Section 4712 which prevents retaliation, in any manner, for the reporting of wrongdoing in the execution of this contract. Employees of contractors, subcontractors, grantees, and subgrantees are protected from being retaliated against, fired, demoted or discriminated due to whistleblowing. 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 12 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 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 DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION--LOWER TIER COVERED 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): “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary 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, 21. CLAIMS 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. 22. MINORITY AND WOMEN’S BUSINESS ENTERPRISE OUTREACH: Contractor must comply with the requirements of Executive Orders 11625, 12432, and 12138, as amended, unless 13 such Executive Orders have been eliminated or otherwise superseded, concerning Minority and Women's Business Enterprise, and the policy of the St. Joseph County Housing Consortium which further supports and encourages the participation of minority and women owned businesses in the benefits of the CDBG program, by: A. Contacting all minority businesses that offer services needed by the organization in carrying out the CDBG program and offering copies of any ads outlining information on where, when and how to submit bids or proposals for such work; and B. Keeping records on contacts made to minority and women business enterprises and retaining any correspondence (letters, proposals, bids, etc.) received from such businesses for any contracts let though the CDBG program, and relaying this information to Department of Community Investment staff at least semi-annually. * * * * * 14 IN WITNESS WHEREOF, the City and the Agency have executed this Contract as of the date first above written. CITY OF SOUTH BEND CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Sarah Hull : Senior Purchasing Agent DATE: APPROVED FOR THE DEPT. OF COMMUNITY INVESTMENT Darryl Scott Executive Director for Community Investment DATE: 15 APPENDIX I SCOPE OF SERVICES and BUDGET City of South Bend, Department of Public Works Infrastructure for the Western Avenue Transformation District 24-C-80 8/25/2026 – 6/30/2028 To coordinate the installation of utilities, new roads, sidewalks and any other reasonably related construction work in order to support the City’s effort to complete the Western Avenue Transformation District. It is understood that the Department of Public Works will solicit bids for all work contemplated in this Appendix I. 16 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: August 18, 2026 Name: Abby Wiles Department of Community Investment – Neighborhoods BPW Date: August 25, 2026 Phone Extension: 5845 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Department of Community Investment (DCI) New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Infrastructure for the Western Avenue Transformation District Project Number 125-047 Funding Source Section 108 Loan (Community Development Block Grant) Account No. PR/ PO # Amount $10,000,000.00 Terms of Contract As specified in the contract Special Contract Provisions Purpose/Description Contract between DCI and BPW for the infrastructure work to support the Western Avenue Transformation District. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: