Agreement - Indiana Housing and Community Development Authority - Lead Hazard Reduction Demonstration Grant Program

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ENSURING THE PARTICIPATION OF SMALL DISADVANTAGED BUSINESS AND WOMEN -OWNER BUSINESS State, local, and Indian tribal governments are required by to take all necessary affirmative steps in contracting for the purchase of goods or services to assure that minority firms, women -owned business enterprises, and labor surplus area firms are used whenever possible or as specified in the Program NOFAs. Nonprofit recipients of assistance (are required by 2 CFR 200.321 to make positive efforts to utilize small businesses, minority -owned firms, and women's business enterprises, and Labor Surplus Area Firms whenever possible MBE/WB). FAIR HOUSING The Recipient must take steps to affirmatively further fair housing; and when gathering public input, planning, and implementing housing related activities, will include participation by neighborhood organizations, community development organizations, social service organizations, community housing development organizations, community development organizations, and members of each affected community or neighborhood which might fall into the assistance category of low and moderate income communities. MODIFICATIONS The Recipient must contact IHCDA prior to requesting an amendment or modification that affects the budget, activities, beneficiaries, or time frame for accomplishing the proposed activities. Substantial amendments may he cause for IHCDA to review the Application submitted to determine whether the Project is meeting is stated goals and timelines. This Agreement may not be modified except by an instrument in writing executed by each of the parties hereto. Substantial Amendments to the budget may have to be submitted to HUD for a final approval. CONFIDENTIALITY Recipient must adopt procedures to ensure that all client information is handled and maintained in a confidential manner and in compliance with the requirements of all applicable state or federal laws, rules, and regulations, including, but not limited to, those relating to the release of Social Security numbers in I.C. § 4-1-10 and the notice of security breach provisions in I.C. § 4-1-11. Confidential information means any individually identifiable information, whether oral or written, about the participants who receive services and/or assistance from grantees and/or sub -recipients of the IHCDA. Employees, agents, contractors or others who require access to confidential client information must sign a confidentiality agreement commensurate with the conditions set forth in this Agreement. BONDING RE UIREMENTS. For any construction contracts or subcontracts exceeding $100,000, the following is required: a. A bid guarantee from each bidder equivalent to five percent (S%) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the part of the contractor for one hundred percent (100%) of the contract price. A "performance bond" is a bond executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. c. A payment bond on the part of the contractor for one hundred percent (100%) of the contract price. A "payment bond" is a bond executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. d. Where bonds are required: The bonds shall be obtained from companies holding'certificates of authority as acceptable sureties pursuant to 31 CFR pant 223, "Surety Companies Doing Business with the United States." LIEN WAIVERS For any construction contract or subcontract exceeding $100,000, the Recipient must ensure that each contractor executes a lien waiver for all services, construction work performed, materials furnished, and equipment and fixtures furnished. IHCDA must receive copies of any and all affidavits, indemnity agreements, lien waivers, certificates, and other documents as requested. LEAD- CITY of SOUTH BEND LD-0l $-003 Paee 16 of 23