HomeMy Public PortalAbout129-20016 - Metro - Star Development - Administrative and Environmental review program delivery & lead testing services-t-
Contract for Administrative, Environmental Review
Program Delivery, Lead Testing Services
By and between the
CITY OF RICHMOND, INDIANA
And
STAR DEVELOPMENT, INC.
THIS CONTRACT, entered into as of the ;a day of 2016, referred to as
Contract Number 129-2016, by and between the City of Richmond, Indiana, (hereinafter referred
to as Richmond) and Star Development, Inc., 220 West Main Street, Cambridge City, Indiana,
47327 (hereinafter referred to as Star).
WHEREAS, Richmond has entered into a grant agreement with the Indiana Housing and
Community Development Authority (IHCDA) under provisions of the Housing and Community
Development Act of 1974, as amended, (the Act); and
WHEREAS, pursuant to such a grant agreement, Richmond is undertaking certain activities
necessary for the administrative, environmental review, program delivery and lead testing services of
projects situated in the City of Richmond; and
WHEREAS, a certain Request for Proposals dated October 5, 2016, has been made available
for inspection by Richmond, is on file in the office of Director of Purchasing and the Director of the
Department of Infrastructure and Development of the City, and is hereby incorporated by reference
and made a part of this Agreement. Star agrees to abide by the same; and
WHEREAS, the response of Star to said Request for Proposals is attached hereto as Exhibit
A, which Exhibit was received October 13, 2016, consists of nine (9) pages, and is hereby
incorporated by reference and made a part of this Agreement; and
WHEREAS, Richmond desires to engage Star to render certain assistance in connection
with such undertakings in Richmond.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Services,
Star shall perform all necessary services under this contract in connection with and
respecting Richmond, and shall do, perform, and carry out, in a satisfactory and proper
manner, as determined by Richmond, the following:
Contract No. 129-2016
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A. Environmental Review Services:
1. Star will conduct and carry out the required environmental review process,
on behalf of Richmond, in accordance with the regulatory requirements
described in the grant agreement and all other applicable requirements.
Specifically, Star will make sure that the project is in compliance with all
applicable local, state and federal environmental laws and regulations as
required by the Indiana Housing and Community Development Authority
(hereinafter "IHCDA").
B. Grant Administration Services:
l . Star shall assist Richmond in establishing project policies and procedures.
2. Star shall recommend courses of action to Richmond for implementation of
project activities.
3. Star shall assist with the Execution of the Grant Agreement with IHCDA.
4. Star shall assist Richmond with developing a Housing Procedures Manual.
5. Star shall take formal applications from homeowners and determine
eligibility and preference rating.
6. Star shall supervise the project, as Richmond's representative, with the
contractors on the project.
7. Star shall maintain all of Richmond's records as required by grant
conditions.
8. Star shall prepare request for funds and status of funds reports for submission
to IHCDA, as required.
9. Star shall assist Richmond in maintaining a separate bookkeeping system, as
required by the IHCDA.
10. Star shall assist Richmond in preparing for audits as required by IHCDA and
the Indiana State Board of Accounts (hereinafter "SBOA").
11. Star shall process requests with:
1. Richmond's City Controller
2. IHCDA
2. Richmond's City Council or Board of Public Works and Safety
12. Star shall set up and maintain all Financial Record keeping books.
13. Star shall prepare and process all periodic reports required by IHCDA.
14. Star shall prepare Closeout Documents, Completion Reports & Match
Documentation as required by IHCDA.
15. Star shall meet with the Auditor and SBOS for final audit.
16. Star shall assist Richmond in meeting all Civil Rights Requirements.
17. Star shall perform any other actions that may be necessary from time to time,
as determined by the City, and as related to this project.
18. Star shall disburse all grant funds on behalf of grantee.
C. Program Delivery Services:
1. Star shall perform all client intake procedures including income verification.
2. Star shall notify homeowners of application approval/denial.
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3. Star shall complete the initial inspection reports for each home to be
rehabilitated.
4. Star shall prepare the Set -Up documents per site and Summary reports as
required by IHCDA.
5. Star shall obtain from the homeowners a signed consent for rehabilitation.
6. Star shall prepare bidding documents including required LBP hazards and
other items as required by IHCDA.
7. Star shall prepare legal advertisements for construction bids.
8. Star shall conduct Pre -Bid Conference.
9. Star shall analyze the bids with homeowners with lowest best bid accepted
and present recommendations to Richmond.
10. Star shall prepare Rehabilitation No -Lien contracts to be signed by
Richmond's Representative, Homeowner and Contractor being awarded the
Rehabilitation Contract.
11. Star shall conduct the inspections on each home being rehabilitated before
making progress payments to a contractor.
12. Star shall conduct owner or contractor requested inspections.
13. Start shall conduct final inspections on each home that has been rehabilitated
and make payment to the Contractor after payment has been received by
Richmond from IHCDA.
14. Star shall provide all files to IHCDA to monitor for final monitoring.
D. Lead -Based Paint Services:
1. Star shall provide all lead based paint testing as required by IHCDA, which consist
of Lead Based Pain Risk Assessment and Lead Based Paint Clearance Test.
2. Star shall review and inform homeowners of Lead Hazards noted in Lead Based
Paint Risk Assessment and results of Lead Based Paint Clearance Test.
3. Star shall provide a copy of the Lead Risk Assessment and Clearance Test to each
participating homeowner.
2. Time of Performance.
The grant administration, environmental review and program delivery services of Star are to
commence when Indiana Housing and Community Development Authority authorizes
Richmond to incur cost for said services. The services shall be undertaken and completed in
such sequence as to assure the expeditious completion of the project; but in any event all of
the services required hereunder shall be completed in a timely manner as required by Indiana
Housing and Community Development Authority.
3. Compensation.
Compensation under this contract shall depend upon an anticipated One Hundred Thousand
Dollar ($100,000.00) grant award. The compensation under this contract shall be paid
through grant funds provided by Indiana Housing and Community Development Authority.
Richmond is not obligated to pay compensation with Richmond's budget funds. Richmond
is not responsible for any compensation to Star, unless Richmond has been awarded the
grant. Subject to a receipt of a requisition for payment from Star and amount requisitioned
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is in conformance with terms of this contract, Richmond and Star hereby agree that the fees
paid to Star will be in the following manner:
A. Environmental Review Services Compensation.
Star shall be paid $100.00/hour with a not to exceed fee of $3,000.00 for all services
related to the preparation of the necessary documents for an environmental review of
the project as required by the IHCDA grant agreement. The attached rate schedule,
included as part of Exhibit A with Star's proposal, shall be used in computing the
actual cost.
B. Grant Administration Services Compensation.
Star shall be paid on $100.00/hour with a not to exceed fee of $6,000 for all services
related to the grant administration activities of the IHCDA grant. The fee includes
the project management cost, bookkeeping salaries, supplies and all general overhead
expense, such as, phone, travel cost, insurance, and postage. The attached rate
schedule shall be used in computing the actual cost.
C. Program Delivery Compensation
Star shall be paid $100.00/hour with a not to exceed fee of $11,000.00 for all
services related to the program delivery activities related to houses being rehabilitated
under the IHCDA project. These services include home inspections (initial and
follow up), determination and preparation of work to be done, preparation of bid
documents, and any and all other services necessary to implement the project.
D. Lead -Based Paint Hazard Testing
Star shall be paid a fixed price fee of $1,000.00 per home for all lead based paint
hazard testing related to the homeowner repair and improvements project under
IHCDA. These services include a lead based paint risk assessment and lead based
paint clearance test performed by a state licensed risk assessor.
The above fee payment schedules include all costs to be incurred by Star. Upon
depletion of the earmarked funds for administrative, environmental review and
program delivery services, Star will curtail the submission of claims and will
continue to operate the program until the project has been audited and closed out with
IHCDA and SBOA. If funding is decreased by IHCDA, Star's contract amounts will
be adjusted according to the new budget.
4. Responsibility.
At all times, Richmond, including all its Departments, is legally responsible for the
execution of the grant agreement with Indiana Housing and Community Development
Authority.
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Changes.
Richmond may, from time to time, request changes in the Scope of Services, Section 1 of
this contract with Star to be performed hereunder. Such changes, including any increase or
decrease in the amount of Star's compensation, which are mutually agreed upon by and
between Richmond and Star, shall be incorporated in written addenda to this Contract. Star
may request a change in the maximum amount payable by Richmond in the event that said
maximum amount does not provide just compensation for services provided hereunder,
however, Richmond shall be under no obligation to agree to a request in the change in the
maximum amount payable. Any changes in the maximum amount payable by Richmond
which are mutually agreed upon by and between Richmond and Star shall be incorporated in
written addenda to this Contract.
6. Personnel and Status of Star.
Star represents that it has, or will secure all personnel required in the performance and
execution of services under this contract. All services required hereunder will be performed
by Star 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.
Star shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. Star shall provide, at its own expense, competent supervision of the
work.
Assignability.
Star shall not assign any interest of this Contract, nor transfer any interest in the same
(whether by assignment or notation), without prior written consent of Richmond thereto and
any such assignment without prior written consent shall be void; provided however, that
claims for money by Star from Richmond under this Contract may be assigned to a bank,
trust company, or other financial institutions without such approval from Richmond.
8. Findings Confidential.
All of the reports, information, data, etc. prepared or assembled by Star under the Contract,
are confidential and Star agrees that they shall not be made available to any individual or
organization without prior written approval of Richmond.
9. Copyright.
No report, 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 Star.
10. Compliance with Local Laws.
Star shall comply with all applicable laws, ordinances and code of the State and Local
governments.
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11. Term of Agreement.
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the project.
12. Termination.
Notwithstanding the term of this Agreement, Richmond may terminate this Agreement in
whole or in part, for cause, at any time by giving at least five (5) working days written notice
specifying the effective date and the reasons for termination which shall include but not be
limited to the following:
a. failure, for any reason of Star to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by Star to the City of reports that are incorrect or incomplete in any
material respect;
c. ineffective or improper use of funds provided under this Agreement; or
d. suspension or termination of the grant funding to the City under which this
Agreement is made;
In the event of such termination, Richmond shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other responsibility
herein. In the event of a termination of this contract by either Star or Richmond, Star shall turn
over to Richmond, in a timely manner, all records and documents relating to this Contract.
This Agreement may also be terminated by either Richmond or Star, in whole or in part, by mutual
Agreement of the parties by setting forth the reasons for such termination, the effective date, and
in the case of partial termination, the portion to be terminated.
13. Indemnification and Insurance.
Star agrees to obtain insurance and to indemnify Richmond for any damage or injury to
person or property or any other claims which may arise from Star's conduct or performance
of this Agreement, either intentionally or negligently; provided, however, that nothing
contained in this Agreement shall be construed as rendering Star liable for acts of
Richmond, its officers, agents, or employees. Star shall as a prerequisite to this Agreement,
purchase and thereafter maintain such insurance as will protect it from the claims set forth
below which may arise out of or result from Star's operations under this Agreement, whether
such operations by Star or by any sub -contractors or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts Star may be held responsible.
CoveraE Limits
A. Professional malpractice and/or errors 500,000 per occurrence
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and omissions insurance 500,000 aggregate
14. Compliance With Worker's Compensation Law.
Star agrees and acknowledges that it is an independent contractor and will not seek Worker's
Compensation coverage from Richmond in the event that one of Star's agents, employees or
contractors is injured while performing the terms of this Agreement. Star further
acknowledges that it will comply with Indiana Worker's Compensation law. If Star is an out
of state employer and therefore subject to another state's worker's compensation law, Star
may choose to comply with all provisions of their home state's worker's compensation law.
15. Compliance with Indiana E-Verify Program Requirements
Pursuant to Indiana Code 22-5-1.7, Star is required to enroll in and verify the work eligibility
status of all newly hired employees of the contractor through the Indiana E-Verify program.
Star is not required to verify the work eligibility status of all newly hired employees of Star
through the Indiana E-Verify program if the Indiana E-Verify program no longer exists.
Prior to the performance of this Agreement, Star shall provide to the City its signed Affidavit
affirming that Star does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Star violates IC 22-5-1.7 Star shall be required to remedy
the violation not later than thirty (30) days after the City notifies Star of the violation. If
Star fails to remedy the violation within the thirty (30) day period provided above, the City
shall consider Star to be in breach of this Agreement and this Agreement will be terminated.
If the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) Star will remain liable to the City for actual damages.
16. Iran Investment Activities
Pursuant to Indiana Code (IC) 5-22-16.5, Star certifies that Star is not engaged in investment
activities in Iran. In the event City determines during the course of this Agreement that this
certification is no longer valid, City shall notify Star in writing of said determination and
shall give Star ninety (90) days within which to respond to the written notice. In the event
Star fails to demonstrate to the City that Star has ceased investment activities in Iran within
ninety (90) days after the written notice is given to Star, the City may proceed with any
remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the
course of this Agreement that this certification is no longer valid and said determination is
not refuted by Star in the manner set forth in IC 5-22-16.5, the City reserves the right to
consider the Star to be in breach of this Agreement and terminate the agreement upon the
expiration of the ninety (90) day period set forth above.
17. Prohibition Against Discrimination.
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Star, any subcontractor, or any person
acting on behalf of Star or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
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Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Star, any sub -contractor, or any person action on behalf of Star or any
sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Star by Richmond
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated in
violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by Richmond and all
money due or to become due hereunder may be forfeited, for a second or any
subsequent violation of the terms or conditions of this section of the Agreement.
5. Violation of the terms or conditions of this Agreement relating to
discrimination or intimidation shall be considered a material breach of this
Agreement.
18. Release of Liability.
Star hereby agrees to release and hold harmless Richmond and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Star's
performance of its obligations pursuant to this Agreement.
19. Choice of Law and Venue.
This Agreement shall be controlled by Indiana law and shall be binding upon the parties,
their successors and assigns.
This Agreement may be simultaneously executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to venue and jurisdiction of the courts of Wayne County, Indiana,
and suit arising under this Contract, if any, must be filed in said courts. The parties
specifically agree that no arbitration or mediation shall be required prior to the
commencement of legal proceedings in said Courts.
20. Any person executing this Contract in a representative capacity hereby warrants that he has
been duly authorized by his or her principal to execute this Contract.
21. In the event of any breach of this Agreement by Star, and in addition to any other damages
or remedies, Star shall be liable for all costs incurred by Richmond due to the enforcement
of this Agreement, including but not limited to Richmond's reasonable attorney's fees,
whether or not suit is filed.
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22. In the event that an ambiguity or question of intent or a need for interpretation of this
Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and
no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of
the authorship of any of the provisions of this Agreement.
23. Equal Opportunity Clause,• Executive Order 11246.
During the performances of this Contract, Star agrees as follows:
a) Star will not discriminate against any employee or applicant for employment
because of race, creed, sex, color, or national origin. Star will take affirmative action
to ensure that applicants are employed, and that employees are treated during
employment, without regard to race, creed, sex, color, 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.
Star agrees to post in conspicuous places information to be available as set forth in
the below provisions of this nondiscrimination clause.
b) Star will, in all solicitations or advertisements for employees placed by or on
behalf of Star, state that all qualified applicants will receive considerations for
employment without regard to race, religion, color, sex, national origin or handicap.
c) Star 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' representative of Star's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
d) Star will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
e) Star 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 Star'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 Star 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 provided in
Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the
Secretary of Labor, or as otherwise provided by law.
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g) Star 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 24, 1965, so
that such provisions will be binding upon each subcontractor or vendor. Star will
take such action with respect to any subcontract or purchase order as the
administering agency may direct a means of enforcing such provisions, including
sanctions for non-compliance: Provided, however, that in the event Star becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result
of such Star may request the United States to enter into such litigation to protect the
interests of the United States.
Richmond 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
Richmond so participating is a state or local government, the above equal
opportunity clause not applicable to any agency, instrument or subdivisions of such
government, which does not participate in work on or under contract.
Richmond 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.
Richmond 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
contract 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, Richmond 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 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.
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Standard Federal Equal Employment Opportunity
Construction Contract Specifications
(Executive Order 11246)
(A) As used in these specifications:
a. "Covered area" means the geographical area described in the
solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance
Programs, U.S. Department of Labor, or any person to whom the
Director delegates authority;
C. "Employer identification number" means the federal Social Security
number used on the employer's quarterly federal tax return, U.S.
Treasury Department Form-941.
d. "Minority" includes:
i. Black (all persons having origins in any of the black African
racial groups not of Hispanic origin);
ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish culture or origin,
regardless of race);
iii. Asian and Pacific Islander (all persons having origins in any
of the original peoples of the Far East, Southeast Asia the
Indian subcontinent, or the Pacific Islands); and
iv. American Indian or Alaskan Native (all persons having
origins in any of the original peoples of North American and
maintaining identifiable trivial affiliations through
membership and participation or community identification).
(B) Whenever Star or any subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each
subcontract in excess of $10,000.00 the provisions of these specifications and
the notice which is set forth in the solicitations from which this contract
resulted.
(C) If Star is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan
approved by the U.S. Department of Labor in the covered area either
individually or through an association, its affirmative action obligations on all
work in the plan area (including goals and timetables) shall be in accordance
with that plan for those trades which have unions participating in the plan.
Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each contractor or
subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause, and to make a good faith
effort to achieve each goal under the plan in each trade in which it has
employees. The overall good faith performance by other contractors or
subcontractors toward a goal in an approved plan does not excuse any
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covered contractor's or subcontractor's failure to take good faith efforts to
achieve the plan goals and timetables.
(D) Star shall implement the specific affirmative action standards provided in
paragraphs 7a through p of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed as percentages of
the total hours of employment and training of minority and female utilization
the contractor should reasonably be able to achieve in each construction trade
in which it has employees in the covered area. Star is expected to make
substantially uniform progress toward its goals in each craft during the period
specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure
by a union with whom Star has a collective bargaining agreement, to refer
either minorities or women shall excuse the contractor's obligations under
these specifications, Executive Order 11246, or the regulations promulgated
pursuant thereof.
(F) In order for the non -working training hours of apprentices and trainees to be
counted in meeting the goals, such apprentices and trainees must be employed
by Star during the training period. Star must also have made a commitment
to employ the apprentices and trainees at the completion of their training,
subject to the availability of employment opportunities. Trainees must be
pursuant to training programs approved by the U.S. Department of Labor.
(G) Star shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of Star's compliance with these specifications
shall be based upon its effort to achieve maximum results from its actions.
Star shall document these efforts fully, and shall implement affirmative
action steps at least as extensive as the following:
1. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites and in all facilities where employees
are assigned to work. Star shall specifically ensure that all foremen,
superintendents and other on -site supervisor personnel are aware of and
carry out Star's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at such sites
or in such facilities.
2. Establish and maintain a current list of minority and female recruitment
sources. Provide written notification to minority and female recruitment
sources and to community organizations when Star or its unions have
employment opportunities available and maintain a record of the
organization's responses.
3. Maintain a current file of the names, addresses and telephone numbers of
each minority and female off -the -street applicant and minority or female
referral from a union, a recruitment source or community organization
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and of what action was taken with respect to each such individual. If
such individual was sent to the union hiring hall for referral and was not
referred back to Star by the union, or if referred, not employed by Star,
this shall be documented in the file with the reason therefore; along with
whatever additional actions Star may have taken.
4. Provide immediate written notification to the director when the union or
unions with which Star has a collective bargaining agreement has not
referred to Star a minority person or woman sent by Star or when Star
has other information that the union referral process has impeded Star's
efforts to meet its obligations.
5. Develop on-the-job training opportunities and/or participate in training
programs for the area which expressly include minorities and women,
including upgrading programs and apprenticeship and trainee programs
relevant to Star's employment needs, especially those programs funded
or approved by the Department of Labor. Star shall provide notice of
these programs to the sources complied under 7b above.
6. Disseminate Star's EEO policy by providing notice of the policy to
unions and training programs and requesting their cooperation in assisting
Star in meeting its EEO obligations; by including it in any policy manual
and collective bargaining agreement; by publicizing it in the company
newspaper, annual report, etc.; by specific review of the policy with all
management personnel and with all minority and female employees at
least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each locations where construction
work is performed.
7. Review, at least annually, the Star's EEO policy and affirmative action
obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other
employment decisions including specific review of these items with on -
site supervisory personnel such as superintendents, general foremen, etc.,
prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of
these meetings, persons attending, subject matter discussed and
disposition of the subject matter.
8. Disseminate the Star's EEO policy externally by including it in any
advertising in the news media, specifically including minority and female
news media and providing written notification to and discussing Star's
EEO policy with other contractors and subcontractors with whom Star
does or anticipates doing business.
9. Direct its recruitment efforts, both oral and written, to minority, female
and community organizations, to schools with minority and female
students and to minority and female recruitment and training
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organizations serving Star's recruitment area and employment needs.
Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment
source, Star shall send written notification to organizations such as the
above, describing the openings, screening procedures and tests to be used
in the selection process.
10. Encourage present minority and female employees to recruit other
minority persons and women, and where reasonable, provide after school,
summer and vacation employment to minority and female youth both on
the site and in other areas of the Star's work force.
11. Validate all test and other selection requirements where there is an
obligation to do so under 41 CFR Part 60-3.
12. Conduct, at least annually, an inventory and evaluation at least of all
minority and female personnel for promotional opportunities and
encourage these employees to seek or to prepare for, through appropriated
training, etc., such opportunities and encourage these employees to see or
the prepare for, through appropriate training, etc., such opportunities.
13. Ensure that seniority practices, job classifications, work assignments and
other personnel practices, do not have a discriminatory effect by
continually monitoring all personnel and employment related activities to
ensure that the EEO policy and Star's obligations under these
specifications are being met.
14. Ensure that all facilities and company activities are non -segregated except
that separate or single -user toilet and necessary changing facilities shall
be provided to assure privacy between the sexes.
15. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female
contractor associations and other business associations.
16. Conduct a review, at least annually, of all supervisors' adherence to and
performance under the Star's EEO policies and affirmative action
obligations.
17. *Covered construction contractors performing contract in geographical
areas where they do not have a federal or federally assisted construction
contract shall apply the minority and female goals established for the
geographical area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such
notices may be obtained from any office of Federal Contractor
Compliance Programs Office or from federal procurement contracting
officers. * Proposed Rule
Page 14 of 22
(H) Contractors are encouraged to participate in voluntary associations, which assist
in fulfilling one or more of their affirmative action obligations (7a through q).
The efforts of contractor associations, joint contractor -union, contractor -
community, or other similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations
under 7a through q of these specifications provided that the contractor actively
participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry,
ensures that the concrete benefits of the program are reflected in the
contractor's minority and female workforce participation, makes a good faith
effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf
of the contractor. The obligation shall not be a defense for the contractor's non-
compliance.
(I) A single goal for minorities and a separate single goal for women have been
established. Star, however, is required to provide equal employment
opportunity and to take affirmative action for all minority groups, both male
and female and all women, both minority and non -minority. Consequently,
Star may be in violation of the executive order if a particular group is
employed in a substantially disparate manner. (For example, even though Star
has achieved its goals for women generally, Star may be in violation of the
executive order if a specific minority group of women is underutilized.)
(J) Star shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, national
origin or handicap.
(K) Star shall not enter into any subcontract with any person or firm debarred from
government contracts pursuant to Executive Order 11246.
(L) Star shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension
termination and cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contact Compliance Programs. Any
contractor who fails to carry out such sanctions and penalties shall be in
violation of these specifications and Executive Order 11246, as amended.
(M) Star, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards
prescribed in paragraph seven of these specifications, so as to achieve
maximum results from its efforts to ensure equal employment opportunity. If
Star fails to comply with the requirements of the executive order, the
implementing regulations, or these specifications, the director shall proceed in
accordance with 41 CFR 60-4.8.
Page 15 of 22
(N) Star shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit
reports relating to the provisions hereof as may be required by the government
and to keep records. Records shall at least include for each employee the name,
address, telephone numbers, construction trade, union affiliation if any,
employee identification number when assigned Social Security number, race,
sex, status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be maintained in an
easily understandable and retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain
separate records.
(0) Nothing herein provided shall be construed as a limitation upon the application
of other laws which establish different standards of compliance or upon the
application of requirements for the hiring of local or other area residents (e.g.,
those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
24. Title VI of the Civil Rights act of 1964.
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds 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.
25. Section 109 of the Housing and Community Development Act of 1974.
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 subject to discrimination
under any program or activity funded in whole or in part with funds made available under
this title.
26. "Section 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 Dept. of Housing
and Urban Development Act of 1968, as amended 12 U.S.C. 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 contract
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 Secretary of Housing and Urban
development set for in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the executive of this contract. The parties
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to this contract certify and agree that they are under no contractual of other
disability, which would prevent them from complying with these requirements.
C) Star will send to each labor organization or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, if any,
a notice advising the said labor organization of workers' representative of its
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.
D) Star 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 finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.
Star will not subcontract with any subcontractors where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
Part 135, unless the subcontractor has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
E) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rule and order 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.
27. Certification of Non segregated Facilities (Over $10 000.00)
By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that
he/she does not maintain or provide for his/her employees any segregated facilities at any of
his/her establishments, and that under his/her control, where segregated facilities are
maintained. He/she certifies further that he/she will not maintain or provide for employment
any 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 bidder, offeror, applicant or subcontractor agrees that a breach
of this certification is a violation of the Equal Opportunity Clause of this 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, time clocks, locker rooms and
other storage or dressing areas, *transportation and housing facilities provided for employees
which are segregated by explicit directive or are 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 specific time periods) he/she will obtain identical certification from
proposed subcontractors prior to the award of subcontracts exceeding $10,000.00 which are
not exempt from the provisions of the Equal Opportunity Clause; that he/she will retain such
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certifications in his/her files; and that he/she will forward the following notice to such
proposed subcontractors (except where proposed subcontractors have submitted identical
certifications for specific time periods).
Parking Lots, drinking fountains, recreation or entertainment areas.
28. OMB Circular A-102 Attachment O: Contract Provision # 4a. 14b and 14i.
Richmond and Star shall include the following contract provisions or conditions in all
procurement contracts and subcontracts as required by the provision, federal law or the State
of Indiana.
Provision 14a. Contracts other than small purchases shall contain provisions or
conditions which will allow for administrative, contractual, or legal
remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as may be
appropriate.
Provision 14b. All contracts in excess of $10,000.00 shall contain suitable provisions
for termination by the grantee including the manner by which it will
be effected and the basis for settlement. In addition such contract
shall describe conditions under which the contract maybe terminated
because of circumstances beyond the control of the contractor.
Provision 14i. Contracts, subcontracts, and sub -grants of amounts in excess of
$100,000.00 shall contain a provision which requires compliance with
all applicable standards, orders, or requirements issued under Section
306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean
Water Act (3 3 USC 13 68), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR, Part 152),
which prohibit the use under non-exempt Federal Contracts, grants or
loans of facilities included on the EPA List of Violating Facilities.
The provisions all require reporting of violations to the grantor
agency and to the USEPA Assistant Administrator for Enforcement
(EN-329).
29. Title VI of the Civil Rights Act of 1975.
Provision: 24 CFR 1.5a provides that in cases of transfer of real or personal property, the
acquisition of which was assisted with federal funds, the transferor must
assure that the transferee will be bound by the provisions of Title VI for a
certain period of time.
Provision: 24 CFR 1.5b requires that the instrument effecting any disposition of real
property, acquired through a program of federal financial assistance contain a
covenant running with the land assuring non-discrimination for the period
during which the real property is used for a purpose for which the Federal
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financial assistance is extended or for another purpose involving the provision
of similar services or benefits.
30. Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.).
No person shall on the basis of age, be excluded from participation in, be denied benefits of,
or be subjected to discrimination under any program or activity receiving federal financial
assistance.
31. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 1794).
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.
32. Executive Order 12138• Women Business Enterprise Policy.
For purposes of this Order, affirmative action may include, but is not limited to, creating or
supporting new programs responsive to the special needs of women's business enterprise,
establishing incentives to promote business or business -related opportunities for women's
business enterprise, collecting and disseminating information in support of women's business
enterprise and ensuring to women's business enterprise knowledge of any ready access to
business -related services and resources. In implementing this Order an agency undertakes to
use or to require compliance with numerical set -asides or similar measures. It shall state the
purpose of such measures and the measure shall be designed on the basis of pertinent factual
findings of discrimination against women's business enterprise and the need for such
measure.
33. Conflict of Interest — From OMB Circular A- 102, Attachment 0. #7.
Richmond and Star 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. Such a conflict
would arise when:
a. The employee, officer or agent;
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.
Richmond and Star officers, employees or agents shall neither solicit nor accept
gratuities, favors or anything of monetary value from contractors, potential
contractors, or parties to sub -agreements. To the extent permitted by state or local
law or regulations, such standards of conduct shall provide for penalties, sanctions, or
other disciplinary agents or by contractors or their agents.
Page 19 of 22
34. OMB Circular a- 102 Attachment C• Retention and Custodial Requirements.
A. Financial records, supporting documents, statistical records and all other
records pertinent to the grant shall be retained for a period of five years, with
the following qualifications:
1) If any litigation, claim or audit is started before the expiration of the five-
year period, the records shall be retained until all litigations, claims or
audit findings involving the recorded have been resolved.
2) Records for non -expandable property acquired with federal funds shall be
retained for five years after its final disposition.
3) When records are transferred to or maintained by the federal sponsoring
agency, the 5-year retention requirements are not applicable to Richmond
or Star.
B. The retention period starts from the date of the submission of the final
expenditure report or, for grants that are renewed annually, from the date of
the submission of the annual financial status report.
C. Richmond and Star should be authorized by the federal grantor agency, if
they so desire, to substitute microfilm copies in lieu of original records.
D. The federal grantor agency shall request transfer of certain records to its
custody from Richmond or Star when it determines that the records possess
long-term retention value. However, in order to avoid duplicate record -
keeping, a federal grantor agency may make arrangements with Richmond
and/or Star to retain any records that are continuously needed for joint use.
E. The head of the federal grantor agency 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 Richmond
and/or Star and sub -grantees to make audits, examinations, excerpts and
transcripts.
F. Unless otherwise required by law, no federal grantor agency shall place
restrictions on Richmond or Star that will limit public access to the records
of Richmond or Star 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 Informational Act (5
U.S.C. 522) if the records had belonged to the grantor agency.
Page 20 of 22
35. Interest of Other Local Public Officials.
No member of the governing body of Richmond and no other public official of such locality,
who exercises any functions or responsibilities in connection with the planning and carrying
out of the project, shall have any personal financial interest, direct or indirect, in this Contract
and Star shall take appropriate steps to assure compliance.
36. Interest of Star and Employees.
Star convents that it presently has no interest and shall not acquire interest direct or indirect,
in this project which should conflict in any manner or degree with the performance of its
service hereunder. Star further covenants that in the performance of this Contract, no person
having such interest shall be employed.
37. HUD Reform Act of 1989 Disclosure Reports.
If Richmond receives $200,000.00 or more in federal funds during a fiscal year (10/1 —
9/30), that Star shall see that a disclosure report be completed for each contract executed
under that CDBG project that exceeds either $50,000.00 or 10% of the total grant funds.
A copy of said disclosure shall be submitted by Star or on behalf of Richmond within 10
days after contract execution.
38. Americans with Disabilities Act of 1990.
Star shall assist Richmond in complying with Title III, Americans with Disabilities Act of
1990 which prohibits discrimination based on "disability" by private entities and places of
public accommodation and commercial facilities be design and constructed so as to be
readily accessible to and usable by persons with disabilities; and requires that examinations
or courses related to licensing or certification for professional trade purposes be accessible to
persons with disabilities.
39. Star agrees to hold Richmond harmless, and to indemnify Richmond for any expenses
incurred, including costs and attorney's fees, in the event that the Indiana Housing and
Community Development Authority determines any provisions of the grant agreement
entered into between Richmond and the Indiana Housing and Community Development
Authority has been breached, or that Richmond shall repay the grant to the Indiana Housing
and Community Development Authority.
40. This writing constitutes the entire Agreement between the parties, although it 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. Any previous discussion, negotiation or
dialogue relating to the subject matter contained herein is superseded by this Agreement.
Furthermore, both parties agree that no discussion, representation or negotiation, other than
that contained herein, has transpired relating to the subject matter of this agreement and that
neither party is relying upon any negotiation or discussion that took place prior to this
agreement. Furthermore, both parties agree that this contract is contingent upon Richmond
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a
being awarded the Owner Occupied Rehabilitation (OOR) Grant by Indiana Housing and
Community Development Authority.
IN WITNESS WHEREOF, Richmond and Star have executed this Contract as of the date
first written above.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:
Vicki Robinson, President
Richard Foore, Member
LN
Date
APPRO`
Date / (— Z 1- 16
"CONSULTANT"
STAR DEVELOPMENT, INC.
220 West Main Street
Cambridge City, IN 47327
By
Joyce McCarty, Presi t
Date: ! l f ! - ` (0
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