HomeMy Public PortalAboutAddendum No 1 to Contract No. 1 to Contract No. 014-2014 - Metro - Rundell Ernstberger - 7th Street ParkADDENDUM
„THIS ADDEN UM, (Number 1 to Contract No. 14-2014) is made and entered into this
day of , 2015, by and between Richmond, Indiana, a municipal
corporation acting through its Board of Public Works and Safety with its office at 50 North 51h
Street, Richmond, Indiana, 47374 (hereinafter referred to as "City"), and Rundell Ernstberger
Associates, LLC, 618 E. Market Street, Indianapolis, Indiana, 46202 (hereinafter referred to as
"Contractor").
WHEREAS, City and Contractor entered into Contract No. 14-2014 on February 6, 2014,
which Agreement retains Contractor to provide professional services in
connection with the design, construction documentation, and construction
administration services for the 7th Street Park project located in Richmond,
Indiana; and
WHEREAS, The parties to said Agreement wish to incorporate into said Contract No. 14-
2014 certain Federal and State Third -Party Contract provisions that were
inadvertently omitted from said Agreement, which provisions are to be
incorporated into said Agreement as if fully set forth therein.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
including the above stated recitals, City and Contractor hereby agree as follows:
1. The City and Contractor executed and entered into Contract No. 14-2014, on
February 6, 2014. Pursuant to Contract No. 14-2014, Section XI Miscellaneous,
the Agreement may be altered or amended in whole or in part at any time by filing
with the Agreement a written instrument setting forth such changes signed by
both parties. The parties agree that the attached Exhibit A, containing the Federal
and State Third -Party Contract Provisions shall be and is incorporated into
Contract No. 14-2014 in its entirety and made an integral part thereof. All
Federal and State Third -Party Contract Provisions contained within Exhibit A
shall take precedence over any conflicting terms and conditions contained within
said Agreement
2. City and Contractor expressly agree that all other terms, conditions, and
covenants contained in Contract No. 14-2014, shall be in full force and effect
and shall remain in full force and effect, unless such term, condition or covenant
conflicts with this Addendum Number 1, in which case this Addendum Number 1
shall be controlling. Otherwise, Contract No. 14-2014 shall remain intact and
unchanged and in full force and effect.
Addendum No. 1 to Contract No. 14-2014
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3. Both parties agree that any person executing this Contract in a representative
capacity hereby warrants that he or she has been duly authorized by his or her
principal to execute this Addendum.
IN WITNESS WHEREOF, this Addendu��)is executed d approved by the undersigned
representatives of the City and Contractor this �.�'�day of 2015.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Vicki Robinson, President
By:
"CONTRACTOR"
RUNDELL ERNSTBERGER
ASSOCIATES, LLC
618 E. Market Street
Indianapolis, IN 46202
Printed:y y O- S' 1 '0
Title: PrtjI ".e t
APPROVE Date: /% / l 115-
9 Sarah L. Hutton, ayor
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FEDERAL AND STATE THIRD -PARTY CONTRACT PROVISIONS
CDBG-ASSISTED NON -CONSTRUCTION CONTRACTS
(Required by Title 24 of the Code of the Federal Register as well as other selected contract provisions
required by the Indiana Office of Community and Rural Affairs for CDBG-assisted grantslactivities )
The following Federal Regulations, Contract Provisions and Clauses are incorporated into this agreement
in their entirety, and made an integral part hereof.
1. Equal Employment Opportunity (Executive Order 11246 dated 9/24/65, as amended by
Executive Order 11375 dated 10/13/67):
The contractor hereby agrees that it will incorporate or cause to be incorporated into any contract for
professional services, or modification thereof, as defined in the regulations of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds obtained from the federal government or
borrowed on the credit of the federal government pursuant to a grant, contract, loan insurance or
guarantee or undertaken pursuant to any federal program involving such grant, contract, loan insurance
or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
A. The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rate of pay or other forms of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination.
B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to
race, color, religion, sex or national origin.
C. The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and applicants for employment.
D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as
amended by Executive Order 11375, and with the rules, regulations and relevant orders of the Secretary
of Labor.
E. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965 and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
F. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended
in whole or in part and the contractor may be declared ineligible for further government contracts or
federally assisted construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
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provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the
Secretaryof Labor, or as otherwise provided bylaw.
G. The contractor will include the portion of the sentence immediately preceding paragraph A
and the provisions of paragraphs A through G in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 14, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions, including sanctions for non-
compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency the
contractor may request the United States to enter into such litigation to protect the interests of the United
States.
H. The contractor further agrees that it will be bound by the above equal opportunity clause with respect
to its own employment practices when it participates in federally assisted construction work: Provided,
that if the applicant so participating is a state or local government, the above equal opportunity clause is
not applicable to any agency, instrument or subdivision of such government which does not participate in
work on or under the contract.
I. The contractor agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for the
supervision of such compliance, and that it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
J. The contractor further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has
not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the administering agency
or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any
or all of the following actions: Cancel, terminate or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory assurance of future compliance has
been received from such applicant; and refer the case to the Department of Justice for appropriate
proceedings.
2. Minority and Women Business Enterprise Policy (Indiana Office of Community and Rural
Affairs):
The contractor agrees to ensure that disadvantaged business enterprises as defined in 13 CFR 124.103
have the maximum opportunity to participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement. In this regard all recipients or
contractors shall take all necessary and reasonable steps in accordance with 13 CFR 124.103 to ensure
that disadvantaged business enterprises have the maximum opportunity to compete for and perform
contracts. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of this contract. The contractor shall establish and pursue a 10% goal for
participation in the proceeds of this contract.
During the performance of this contract, the contractor agrees to comply with Executive Order 12138
entitled "Women Business Enterprise Policy" which includes, but is not limited to, creating or supporting
new programs responsive to the special needs of women business enterprises, establishing incentives to
promote business or business -related opportunities of women business enterprises, collecting and
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disseminating information in support of women business enterprise in ensuring to women business
enterprises knowledge of any ready access to business -related services and resources.
3. Compliance in the Provision of Training. Employment and Business Opportunities:
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 through the
Indiana Office of Community and Rural Affairs and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 USC, 1701 u. Section 3 requires that to
the greatest extent feasible, opportunities for training and employment be given to 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 said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135,
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. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those
sanctions specified by the grant or loan agreement or contract through which federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
4. Title VI Civil Rights Act of 1964:
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor"), agrees as follows:
A. The contractor, with regard to the work performed by it during the contract, shall not discriminate on
the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices.
B. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under
this contract and the regulations relative to nondiscrimination on the grounds of race, color, sex, or
national origin.
C. The contractor shall provide all information and reports required by the Regulations or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, their sources of
information and its facilities as may be determined by the Indiana Office of Community and Rural Affairs
or the United States Department of Housing and Urban Development to be pertinent to ascertain
compliance with such regulations, orders and instructions. Where any information is required or a
contractor is in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to the awarding agency, the Indiana Office of Community and Rural Affairs, or
the United States Department of Housing and Urban Development, as appropriate, and shall set forth
what efforts it has made to obtain the information.
D. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,
the Indiana Office of Community and Rural Affairs or the United States Department of Housing and Urban
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Development shall impose such contract sanctions as it may determine to be appropriate, including, but
not limited to:
(1) Withholding of payments to the contractor under the contract until the contractor complies; and/or,
(2) Cancellation, termination or suspension of the contract, in whole or in part.
E. The contractor shall include the provisions of paragraph (A) through (E) in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract
or procurement as the Indiana Office of Community and Rural Affairs or the United States Department of
Housing and Urban Development may direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may
request the Indiana Office of Community and Rural Affairs to enter into such litigation to protect the
interests of the State of Indiana, and, in addition, the contractor may request the United States
Department of Housing and Urban Development to enter into such litigation to protect the interests of the
United States.
5. Title VIII Civil Rights Acts of 1968 (as applicable):
The contractor shall comply with Title VIII Civil Rights Acts of 1968 which prohibits discrimination in the
sale or rental of dwellings (as defined), discrimination in the financing or housing, blockbusting, and
discriminatory advertising; and makes it unlawful to deny any person access to, or membership or
participation in, any multiple listing service or real estate broker organization for discriminatory reasons.
6. Section 109 Housing and Urban Development Act of 1974 (as applicable):
The contractor provides that no person in the United States shall on the grounds of race, color, 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 under this title.
7. Section 504 Rehabilitation Act of 1973:
A. The contractor will not discriminate against any employee or applicant for employment because of
physical or mental handicap in regard to any position for which the employee or applicant for employment
is qualified. The contractor agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without discrimination based upon their physical or
mental handicap in all demotion or transfer, recruitment, advertising, layoff or termination rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
B. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the Act.
C. In the event of the contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary
of Labor issued pursuant to the Act.
D. The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Indiana Office of Community and Rural Affairs,
provided by or through the contracting officer. Such notices shall state the contractor's obligation under
the law to take affirmative action to employ and advance in employment qualified handicapped
employees and applicants for employment, and the rights of applicants and employees.
E. The contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the contractor is bound by the terms of
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Section 504 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and
advance in employment physically and mentally handicapped individuals.
F. The contractor will include the provisions of this clause in every subcontract or purchase order of
$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to
Section 504 of the Act, so that such provisions will be binding upon each subcontractor with respect to
any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including action for non-compliance.
8. Fair Housing Amendments Act of 1988 (as applicable):
The contractor shall comply with Fair Housing Amendments Act of 1988 which Amends Title Vill of the
Civil Rights Act of 1968 that prohibits discrimination on the basis of race, color, religion, sex or national
origin in the sale, rental and financing of dwellings. The 1988 Amendments Act extends coverage of the
1968 Act to persons with disabilities and families with children. In addition, the 1988 Amendments
establish certain design and construction requirements for new multi -family housing built for first
occupancy on or after March 13, 1991.
9. Age Discrimination Act of 1975:
The contractor shall comply with the Age Discrimination Act of 1975 which provides that no person, on
the basis of age shall be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
10. Americans With Disabilities Act of 1990:
The contractor shall comply with the Americans With Disabilities Act of 1990 which provides that no
person, on the basis of handicap, shall be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial assistance.
11. Certification of Nonsegregated Facilities:
The contractor certifies that he/she does not maintain or provide for his/her employees any segregated
facility at any of his/her establishments, and those under his/her control. He/she certifies further that
he/she will not maintain or provide for employment segregated facilities at any of his/her establishments,
and he/she will not permit employees to perform their services at any location under his/her control where
segregated facilities are maintained. The contractor agrees that a breech of this certification is a violation
of the Equal Opportunity Clause of the contract. As used in this certification, the term "segregated
facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other
eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and
housing facilities provided for employees which are segregated by explicit directive or in fact segregated
on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. He/she
further agrees that (except where he/she has obtained identical certifications from proposed
subcontractors for specific time periods) he/she will obtain identical certification from proposed
subcontractors prior to the awards of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause; that he/she will retain such certification in his/her files; and
that he/she will forward this notice to such proposed subcontractors (except where proposed
subcontractors have submitted identical certifications for specific time periods).
12. Retention and Access Requirements For Records (24 CFR Part 85.42):
A. The contractor shall comply with Retention and Access Requirements For Records (24 CFR Part
85.42) and State of Indiana records access and retention requirements, to wit:
Financial records, supporting documents, statistical records and all other records pertinent to a grant shall
be retained for a period of five (5) years, with the following qualifications:
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(1) If any litigation, claim, negotiation, audits or other action is started before the expiration of the
five-year period, the records shall be retained until all litigation, claim or audit findings involving
the records have been resolved, or the five-year period, whichever is later.
(2) Records of nonexpendable property acquired with federal funds shall be retained for five years
after final disposition of such property.
(3) When records are transferred to or maintained by the federal sponsoring agency, the five-year
retention required is not applicable to the grantee.
B. The five-year retention period starts from the date of issuance of a "Certification of Completion"
respective to the grant by the Indiana Office of Community and Rural Affairs.
C. The Indiana Office of Community and Rural Affairs shall request transfer of certain records to its
custody from grantees when it is determined that the records possess long-term retention value.
However, in order to avoid duplicate record -keeping, the Indiana Office of Community and Rural Affairs
may make arrangements with grantees to retain any records that are continuously needed for joint uses.
D. The Indiana Office of Community and Rural Affairs, the United States Department of Housing and
Urban Development, and the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any pertinent books, documents, papers and records of grantee and
sub -grantees to make audits, examinations, excerpts and transcripts.
E. Unless otherwise required by law, Indiana Office of Community and Rural Affairs shall not place
restrictions upon grantees that will limit public access to the records of grantees that are pertinent to a
grant except when the agency can demonstrate that such records must be kept confidential and would
have been excepted from disclosure pursuant to the Freedom of Information Act (5 USC 552) if the
records had belonged to the grantor agency.
13. Conflict of Interest (24 CFR 85.36 and 24 CFR 570.611):
The contractor shall maintain a written code or standards of conduct which shall govern the performance
of their officers, employees or agents engaged in the award and administration of contracts supported by
federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award
or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would
be involved. Persons covered under this section include any person who is:
(a) An employee, agent, consultant, officer, or elected or appointed official of the grantee, any
designated public agency or any subrecipient agency that is receiving CDBG funds from the
Indiana Office of Community and Rural Affairs;
(b) Any member of his/her immediate family;
(c) His or her partner; or
(d) An organization which employs, or is about to employ, any of the above, has a financial or other
interest in the firm selected for award.
The contractor's officers, employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors, or parties to subagreements funded with CDBG
funds. To the extent permitted by state or local law or regulations, such standards of conduct shall
provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the
grantee's officers, employees, or agents or by contractors or their agents.
No persons described in (a) through (d) above who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a
decision making process or gain inside information with regard to such activities, may obtain a financial
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interest in any contract, or have a financial interest in any contract, subcontract, or agreement with
respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity,
either for themselves or those with whom they have business or immediate family ties, during their tenure
or for a period of one (1) year thereafter.
14. Remedies/Sanctions or Breach of Contract Terms:
Upon written notice, the grantee may withhold payments to the contractor if the contractor shall fail to
fulfill in a timely and proper manner its obligations to grantee under this contract, or if the contractor shall
violate any of the conditions of this contract. The grantee shall in its written notice to contractor fully
describe the nature of failure or violation by contractor, the corrective action required of contractor, and,
the grantee shall allow the contractor thirty (30) days from the date of notification to correct such failure
and/or violation. If such failure or violation is corrected by the contractor within thirty (30) days from the
date of notification, then the grantee shall process payment(s) to the contractor. If such failure or violation
is not corrected within thirty (30) days from the date of this notification, then the grantee may proceed to
terminate this contract.
15. Termination of Contract for Cause - 24 CFR 85.43 (All Contracts in Excess of $10.000):
If the contractor shall fail to fulfill in a timely and proper manner his/her obligations under this contract, or
if the contractor shall continue to violate any of the covenants, agreements, or stipulations of this contract,
following notices by the grantee and allowances for corrective actions specified in Paragraph 14 above,
the grantee shall thereupon have the right to terminate this contract by giving written notice to the
contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In such event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs and reports prepared by the contractor under this contract
shall, at the option of the grantee, become the property of the grantee and the contractor shall be entitled
to receive just and equitable compensation for any work satisfactorily completed hereunder. In the event
the contractor disputes grantee's election to terminate this contract for cause under this paragraph,
contractor may pursue equitable relief or remedy.
16. Termination for Convenience - 24 CFR 85.44 (All Contracts in Excess of $10.000):
The grantee may terminate this contract for its convenience, at any time, by giving at least thirty (30) days
notice in writing to the contractor. If the contract is terminated by the grantee as provided herein, the
grantee agrees to pay the contractor, no later than thirty (30) days following the date of the written notice
of contract termination by grantee. In such event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs and reports prepared by the contractor under this contract
shall, at the option of the grantee, become the property of the grantee and the contractor shall be entitled
to receive just and equitable compensation for any work satisfactorily completed hereunder.
17. Changes to Contract:
The terms and conditions of this contract may be changed at any time by mutual agreement of the
parties. Such modification shall be effective upon the signing by both parties of an addendum to this
contract encompassing those changes. Where the addendum changes the compensation or time of
performance, it shall also describe the change in scope, character or complexity of the work that is the
basis for the change.
18. Contractor to Furnish Necessary Personnel Resources:
A. The contractor represents that it has, or will secure at its own expense, all personnel required in
performing the services specified in this contract. Such personnel shall not be employees of or have, as
individuals, any contractual relationship with the grantee.
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B. All of the services required hereunder will be performed by the contractor or under its supervision and
all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State
and Local law to perform such services.
C. With the exception of the work described as being subcontracted within the contract, if any, none of
the work or services covered by this contract shall be subcontracted without the prior approval of the
grantee. Any additional work or services subcontracted hereunder shall be specified by written contract
or agreement and shall be subject to each provision of this contract.
19. Reports and Information:
The contractor, at such times and in such forms as the grantee or the Indiana Office of Community and
Rural Affairs may require, shall furnish grantee and/or the Indiana Office of Community and Rural Affairs
such periodic reports as it may request pertaining to the work or services undertaken pursuant to this
contract, the costs and obligations incurred or to be incurred by grantee in connection therewith, and any
other matters covered by this contract.
20. Records and Audits:
The contractor shall maintain accounts and records, including personnel, property and financial records,
adequate to identify and account for all costs pertaining to this contract and such other records as may be
deemed necessary by the grantee to assure proper accounting for all funds applicable to this contract.
These records will be made available for audit purposes to the grantee or any authorized representative,
and will be retained for five years after the expiration of this contract unless permission to destroy them is
granted.
21. Convriaht and Patent Riahts:
No reports, maps, or other documents produced in whole or in part under this contract shall be the
subject of an application for copyright by or on behalf of the contractor. The US Department of Housing
and Urban Development, the Indiana Office of Community and Rural Affairs and the grantee shall
possess all rights to invention or discovery, as well as rights in data which may arise as a result of the
contractor's services.
22. Compliance with State and Local Laws:
The contractor specifically agrees that in performance of the services herein enumerated, contractor and
his/her employees/agents will comply with any applicable State, and Local Statutes, ordinances and
regulations at the time this agreement is executed.
23. Disclosure Reports (HUD Reform Act of 1989 - 24 CFR Part 4.91:
Section 2 of the HUD Reform Act of 1989 requires that if the grantee receives $200,000 or more in
federal CDBG funds during a federal fiscal year, (October 1 - September 30), a HUD disclosure report
must be completed for each contract funded in whole or in part with federal CDBG funds. A copy of all
such Disclosure Reports must be submitted by the grantee to the Grant Support Office of the Indiana
Office of Community and Rural Affairs within ten (10) days after contract execution. In order for the
grantee to comply with this federal requirement, the grantee will provide to the contractor the prescribed
format of Part IV to the HUD Disclosure Report, and the contractor agrees to furnish the grantee a
completed Part IV to the HUD Disclosure Report within seven (7) days of execution of the agreement
between contractor and grantee. Within such Part IV of the prescribed HUD Disclosure Report, the
contractor will provide the grantee with the following minimum information:
a. The name of all persons who are proprietors, partners, directors or officers of the contractor and
thereby have a pecuniary interest in the proceeds of the CDBG-assisted contract;
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b. The social security account number of all proprietors listed in a. above, or the federal identification
number of the partnership or corporation which is subject to the CDBG-assisted contract, as
applicable;
c. The type of participation each individual named in a. above will have in the CDBG-assisted contract.
Such participation may be listed in the Part IV of the HUD Disclosure Report as "direct", or "passive",
whichever applies to such proprietor, partner, director or officer, as applicable; and,
d. The financial interest of the named individual as set forth in a. above; such interest to be expressed in
dollar terms or in terms of percentage of ownership of the proprietorship, partnership, or corporation
which is to receive federal CDBG funding under this contract.
24. Compliance with Copeland "Anti -Kick Back" Act:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Copeland
"Anti -Kick Back" Act (18 USC 874) as supplemented in US Department of Labor regulations 29 CFR Part
3, respective to all contracts and subgrants for construction or repair services.
25. Compliance with Davis -Bacon Act:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Davis -Bacon
Act (40 USC 276a to 276a-7) as supplemented in US Department of Labor regulations 29 CFR Part 5,
respective to construction contracts in excess of $2,000 awarded by grantees and subgrantees.
26. Compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Contract
Work Hours and Safety Standards Act (40 USC 327-333) as supplemented in US Department of Labor
regulations 29 CFR Part 5, respective to construction contracts in excess of $2,000 awarded by grantees
and subgrantees, and $2,500 for other contracts which involve the employment of mechanics or laborers.
27. Compliance with Clean Air and Water Acts (applicable to all contracts over $100,000):
In carrying out this agreement, the contractor agrees to comply with the requirements of the Federal
Clean Air Act (42 USC 7401 et seq.), and the Federal Water Pollution Control Act (33 USC 1251 et seq.),
as amended. Such statutes and regulations prohibit the use under non-exempt Federal contracts, grants
or loans of facilities included on the Environmental Protection Agency's List of Violating Facilities. The
provision shall require reporting of violations to the grantor agency and to the US Environmental
Protection Agency.
28. Conservation:
In carrying out this agreement, the contractor agrees to comply with the requirements of mandatory
standards and policies relating to energy efficiency which are contained in the State of Indiana's energy
conservation plan issued in compliance with the federal Energy Policy and Conservation Act (PL 94-163,
89 Statutes 871).
29. Drug -Free Workplace Requirements:
In carrying out this agreement, the contractor agrees to comply with the requirements of the Drug -Free
Workplace Act of 1988 (42 U.S.C. 701) and to certify that contractor will comply with drug -free workplace
requirements in accordance with the Act and with HUD rules found at 24 CFR part 24, subpart F.
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