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HomeMy Public PortalAbout135-2012 - Metro - Starr Development - Environmental RevueContract for Administrative Environmental Review And Program Delivery and Lead Testing Services By and between the CITY OF RICHMOND, INDIANA And STAR DEVELOPMENT, INC. Ai�IM�2012, THIS CONTRACT, entered into as of the � day of referred to as Contract Number 135-2012, 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); 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 Richmond; WHEREAS, a certain Request for Proposals dated August 31, 2012, has been made available for inspection by Richmond, is on file in the office of Director of Metropolitan Development o =the City, and is hereby incorporated by reference and made a part of this Agreement. Stara fees to abide by the same; WHEREAS, the response of Star to said Request for Proposals is attached hereto as Exhibit A, which Exhibit was received September 20, 2012, consists of twelve (12) 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: 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. Contract No. 135 -2012 Page 1 of 22 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") in connection with all Environmental Review forms and Contacts, Notice of Release of Funds, and Section 106, State Historic Preservation. B. Grant Writing and Grant Administration Services: I. Star shall perform all activities necessary to prepare the grant application. 2. Star shall assist the Richmond in establishing project policies and procedures. 3. Star shall recommend courses of action to Richmond for implementation of project activities. 4. Star shall assist with the Execution of the Grant Agreement with IHCDA. 5. Star shall maintain all of Richmond's records as required by grant conditions. 6. Star shall prepare request for funds and status of funds reports for submission to IHCDA, as required. 7. Star shall assist Richmond in maintaining a separate bookkeeping system, as required by the grant agreement between Richmond and IHCDA. S. Star shall assist Richmond in preparing for audits as required by IHCDA. 9. Star shall process and approve payment requests with: 1. Community Development 2. Board of Public Works and Safety 3. ICDA 10. Star shall set up and maintain all Financial Record keeping books. 11. Star shall prepare and process all financial reports required by IHCDA. 12. Star shall meet with the Auditor and State Board of Accounts for final audit. 13. Star shall assist Richmond in meeting all Civil Rights Requirements. 14. Star shall prepare Closeout Documents, Completion Reports and Match Documentation as required by IHCDA. 15. 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. C. Program Delivery Services: I. Star shall perform and conduct all client intake/eligibility and income verifications, propose grant beneficiaries using non -biased priority ranking system, approved by Richmond, notify all applicants of status. 2. Star shall notify homeowners of application approval/denial. 3. Star shall complete the initial rehabilitation inspection reports for each home. 4. Star shall prepare the Set -Up report as required by IHCDA for each site address. 5. Star shall obtain from the homeowners a signed consent for rehabilitation before work begins on the homes or bids are let out for rehabilitation work. 6. Star shall prepare bidding documents (and specifications consistent with IHCDA's Rehabilitation Standards in bidding documents) including all Page 2 of 22 requested items by homeowner, required LBP hazard, and other itesm as required by IHCDA as proposed in the grant application. 7. Star shall prepare legal advertisements for construction bids and conduct Pre - Bid meetings. 8. Star shall analyze the bids with homeowners with lowest best bid accepted and present recommendations to Richmond. 9. Star shall prepare Rehabilitation No -Lien contracts to be signed by Richmond's Representative, Homeowner and Contractor being awarded the Rehabilitation Contract. 10. Star shall conduct the Pre -Construction Conference. 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 and final inspections. 13. Star shall provide all files to IHCDA to monitor for final monitoring. 14. Star shall accompany the IHCDA inspector to sites and provide him with adequate work write-up documentation and specifications. D. Lead -Based Paint Services: 1. Star shall facilitate Lead Based Paint Risk assessment on each property in which paint will be disturbed. 2. Star shall review and inform homeowners of Lead Hazards noted in the LBP Risk Assessment and shall also provide to each homeowner a copy of their LBP Risk Assessment. 3. Star shall incorporate any lead hazards into the work write-up for each home. 4. Star shall facilitate the Lead Based Paint Clearance Test. 5. Star shall review and inform homeowners of Clearance Test Results and shall also provide to each homeowner a copy of their LBP Clearance Test. 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. Compensation. Compensation under this contract shall depend upon an anticipated Three Hundred Thousand Dollar ($300,000.00) grant award. The compensation under this contract shall be paid through grant funds provided by Indiana Housing and Community Development Authority, and shall not exceed a total amount of Fifty-nine Thousand Dollars and No Cents ($59,000.00) for administration, environmental review, program delivery and lead testing services in addition to One Thousand Dollars ($1,000) per home for Fifteen (15) homes for a total amount not to exceed Fifteen Thousand Dollars ($15,000.00) for all homes for lead - based paint assessment and testing services. Richmond is not obligated to pay compensation Page 3 of 22 with any city budget funds. Richmond is not responsible for any compensation to Star, unless Richmond has been awarded the grant, regardless of Star's expenditure and efforts in obtaining such grant. Subject to a receipt of a requisition for payment from Star and amount requisitioned 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. Grant Administration Services Compensation. Star shall be paid on a per hour basis with a maximum price fee of $10,500 (or 131.25 hours) for all services related to the grant administration activities of the IHCDA project. B. Environmental Review Services Compensation. Star shall be paid on a per hour basis with a maximum price fee of $5,000.00 (or 62.50 hours) 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. This fee includes professional services, pictures, photocopying, and postage. C. Program Delivery Compensation Star shall be paid on a per hour basis with a maximum price fee of $43,500.00 (or 543.75 hours) for all services related to the program delivery activities of the project as required by IHCDA. This fee includes contractor services, work write- ups/specifications, financing costs, client -related services (intake, related travel, meetings, overhead, marketing and advertising), recording fees, legal documents and inspections. D. Lead -Based Paint Star shall be paid a fixed price fee of $1,000.00 per home (estimated at 15 homes), as needed, for all services related to lead based paint assessments, clearance testing, inclusion in work -write-up and all reporting as required by the IHCDA. The above fee payment schedules include all costs to be incurred by Star and are contingent upon the receipt of funds awarded through the Strategic Investment Process Homeowner Repair and Improvements grant. These fees are in compliance with IHCDA's regulations. Upon depletion of the earmarked funds for all proposed services, Star will curtail the submission of claims and will continue to operate the program, at no additional cost to Richmond, until the project has been audited and closed out by the IHCDA and the City of Richmond. 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. Page 4 of 22 Modification. 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. 7. Assi ng ability_. 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. Copyri hg_t. 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. Page 5 of 22 11. Term of Agreement. This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. Richmond shall have the option to renew this Agreement with Star for a second year at a price equal to or less than that stated herein. 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 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. Page 6 of 22 14. 15. 16. Coveraee Limits A. Professional malpractice and/or errors 500,000 per occurrence and omissions insurance 500,000 aggregate 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. Compliance with Indiana E-Verif,y Pro am 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. 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 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; Page 7 of 22 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. Page 8 of 22 20. 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. 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 Page 9 or 22 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. 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; Page 10 of 22 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 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 Page 1 I of 22 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 where possible, will assign two or more women to each construction project. 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 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 Page 12 of 22 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. S. 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. b. 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 Iocations 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 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. Page 13 of 22 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 (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 g of these specifications provided that the contractor actively Page 14 of 22 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. (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 Page 15 of 22 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). 21. 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. 22. 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. 23. "Section 3" _ Compliancein 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 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 Page 16 of 22 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. 24. Certification of Non-seszregated 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 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. Page 17 of 22 25. 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 Iegal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Provision i 4b. 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). 26. 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 financial assistance is extended or for another purpose involving the provision of similar services or benefits. Page 18 of 22 27. 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. 28. 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. 29. Executive Order 12138: Women Business Ente rise 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. 30. Conflict of Interest — From OMB Circular A- 102, Attachment 0. V. 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 31. 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. 32. 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, Page 20 of 22 direct or indirect, in this Contract and Star shall take appropriate steps to assure compliance. 33. Interest of Star and Employes. 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. 34. 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. 35. Americans with Disabilities Act of 1990. Star shall assist Richmond in complying with Title II1, 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. 36. 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. 37. 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 being awarded the Owner Occupied Rehabilitation (OOR) Grant by Indiana Housing and Community Development Authority. (signature page to follow) Page 2I of 22 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 K FA �i / �.�.. .�Y Robinson, President "CONSULTANT" STAR DEVELOPMENT, INC. 10. I�,l i/ Vidy : . _ , r By:A41��Date: Dian Law on, Member �f/I� I _i3"'Wo" � 1� Date //_/I v APPROVED S�� ° y IV44e��- Sarah L. Hutton, Mayor Date //R ,� 1 Page 22 of 22 CITY OF RICHMOND FOR ADMINISTRATION SERVICES GOVERNING AN INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY CDBG HOMEOWNER REPAIR & IMPROVEMENTS FUNDED PROJECT EXHIBIT PAGE -i-OF12 ww111Y��1■�I "'IIYYl11�I�1YY411 PROPOSAL TO THE CITY OF RICHMOND, INDIANA FOR ADMINISTRATION, ENVIRONMENTAL REVIEW, LEAD PAINT TESTING AND PROGRAM DELIVERY SERVICES INTRODUCTION The office of Star Development, Inc. is located at 220 W. Main Street in Cambridge City, Indiana in Wayne County. From this location, Star Development, Inc. services clients throughout the State of Indiana. The initial goal of Star Development, Inc. is to provide professional planning and development and administration services pertaining to housing for communities that are not capable of supporting a full time housing staff. PHILOSOPHY Star Development, Inc. adheres to the belief that a Consultant has the responsibility to his/her client and to herself/himself to produce a well conceived and designed product that will meet or exceed the client's requirements. Also, Star Development, Inc.'s work must be and will be completed in a timely manner and within budgetary limits of the project. The consultant provides a full range of services that are sufficient to assure the correct, complete and timely execution and completion of projects in full compliance with state and federal laws, rules and regulations. It is the policy of the Consultant to quote a proposed fee, which will be the maximum amount charged for the full range of activities at a reasonable cost. Low overhead and efficient utilization of equipment and technology results in Star Development, Inc.'s services being reasonably priced and of a high quality. The staff of Star Development, Inc. is well known for their approach to individual projects, which create in the staff a sensitivity to the client's expectations which leads to successful, correct and complete projects that are practical, acceptable and timely. The Consultant works in partnership with the community, its citizens and funding agencies. The staff takes the time to become familiar with the community and obtain the local knowledge, which is extremely important in the successful completion of a community's project. STANDARDS Star Development, Inc. realizes the importance of their work to their clients and recognizes that their services have a direct and vital impact on the quality of life EXHIBIT.11 PAGE PF12- in the community in which they serve. Accordingly, the services provided by a Consultant require the highest standards of honesty; impartiality, fairness, equity and dedication to the welfare of those served. Star Development, Inc. believes that Consultants must perform their services under standard of professional behavior, which requires the adherence to the highest principals of ethical conduct on behalf of the public, clients, employees and the consulting profession. In this light, Star Development, Inc. believes that a Consultant should perform services only in areas in which they are competent and act only in a professional manner. EXHIBIT „ PAGE., UNDERSTANDING OF PROJECT RE UIREMENTS/TECHNICAL COMPETENCE/EXPERIENC: Star Development, Inc. hereafter referred to as Star, realizes that the tasks necessary to manage an Indiana Housing and Community Development Authority funded project are wide-ranging and diverse. Therefore, Star proposes to provide the City of Richmond, Indiana, with comprehensive services necessary to efficiently and effectively manage its program. A comprehensive approach, as proposed by Star, will involve development and implementation of policies and procedures for the program activity, coordination of activities with Local, State and Federal Agencies, design and operation of a financial management system, maintenance of records required by State and Federal governments, and supervision of contracts awarded in execution of program activities. Star will additionally act as a liaison between the City of Richmond and Indiana Housing and Community Development Authority. Star has a combined experience of over 30 years with IHCDA funded projects, specializing in Homeowner Repair and Improvement {OOR) projects. Star believes that by utilizing the services provided above, it will be able to effectively deal with the complications and problems that may arise in Federal and State programs. Problems inherent in this type of program stem from the numerous Federal and State regulations, which bind the program. These regulations cover many areas, including labor standards, fair housing, drug free work force, equal opportunity, affirmative action, lead -based paint, flood hazards, uniform relocation and acquisition, financial management, and grant close-out services. Star is familiar with the governmental regulations governing these and other areas and will be able to deal with problems that might arise in these areas. Operation of the program, so that it is in compliance with all requirements is no easy task, but Star has the expertise, background and knowledge to carry out the task. Star believes that its technical approach to operating the grant, namely that of overall grant management, environmental review and program delivery, will allow it to guide the City of Richmond in meeting its goals and overcoming the problems herein identified. City of Richmond's designated staff will be prominently involved in the operation of the program. The City of Richmond will retain legal responsibility for the grant program. Star will work closely with the local groups and officials in the execution of the program. = H B PAGE OF /2 2. CAPACITY FOR PERFORMANCE STAFFING, QUALIFICATIONS & EXPERIENCE OF STAFF Joyce McCarty, PresidentlCertified Grant Administrator Mark McCarty, Vice President/Certified Grant Administrator As owners of Star Development, Inc., Joyce McCarty and Mark McCarty share completely all aspects to grant administration responsibilities. They are in charge of all community development activities, including housing development and management, downtown revitalization project, infrastructure project, construction of community centers, daycare centers, libraries, fire departments, purchases of fire trucks and micro -enterprise. Mark and Joyce bring to the communities experience in planning grants management and program administration. They have been successful with grants from Indiana Office of Community and Rural Affairs, the Indiana Housing and Community Development Authority and Indiana State Revolving Fund. Joyce and Mark also provide hands on management regarding all elements of Indiana Housing and Community Development Authority programs, including environmental assessment, financial management, procurement, labor standards, project's progress and monitoring, as well as close out activities regarding community development and housing rehabilitation programs. Star Development, Inc. has never had a disallowed cost on any of our projects or been involved in any type of audit finding that required a payback of funds. Mark has worked successfully with grant aspects for the past sixteen (16) years and also has a background in town board operations. Joyce has a background in accounting. and has worked with all aspects of grant services for the past thirteen (13) years. Lyndon_ Wicker, Lead Paint Assessor/Inspector Lyndon Wicker brings to the communities an extensive knowledge and experience in the field of Lead Based Paint. Lyndon is licensed by the State of Indiana to perform lead based paint inspections and assessments. Lyndon is also qualified to conduct required lead based paint classes to certify local contractors. Lyndon has worked with Star for ten (10) years. Shailie Newhouse, Administrative Assistant Shailie Newhouse is responsible for the client intake process, income verification and preparation of grant related documents. Shailie assists Mark with environmental review, and Section 106 requirements. Shailie is familiar with all aspects of the grant process. She has been with Star for five (5) years. Joyce McCarty and Mark McCarty will be the senior staff members assigned to the Richmond project. This project would fit smoothly in Star Development, EXHIBIT PAGE OF„] 7 Inc.'s workload assignments and would allow responsive personal service to the community of Richmond. 3. FAMILIARITY WITH LOCAL CONTEXT: Both Mrs. Joyce McCarty and Mr. Mark McCarty are familiar with rural areas and local problems. They know how to relate to people and are willing and able to work with officials and others to make the City of Richmond a better place in which to live. As much of their time as necessary will be devoted to this project to make it a successfully operated program. Due to the involvement of the staff of Star Development, Inc. in the past with Indiana Housing and Community Development Authority and Indiana Office of Rural and Community Affairs, they believe their capacity cannot be matched for familiarity with local context. The staff of Star Development, Inc. has accumulated a knowledge and background in local matters, which cannot be matched by others. 4. SERVICES PROPOSED: GRANT WRITING: • All activities necessary to prepare the grant application. ADMINISTRATION: • Assist Richmond in establishing project policies and procedures. + Recommend courses of action to Richmond for implementation of project activities. • Assist with the Execution of the Grant Agreement with IHCDA • Maintain all Richmond's records, as required by grant conditions. • Prepare request for funds and status of funds reports for submission to Indiana Housing and Community Development Authority. • Assist Richmond in maintaining a separate bookkeeping system, as required by the grant agreement between the City and Indiana Housing and Community Development Authority. • Assist Richmond in preparing for audits as required by Indiana Housing and Community Development Authority. + Process and approve payment requests with: Clerk/Treasurer EXHIBIT-J.— PAGE .L OF IZ IHCDA Richmond City Council • Create and maintain Financial Record books. • Prepare and process all financial reports as required by Indiana Housing and Community Development Authority. • Meetings with Clerk/Treasurer and State Board of Accounts for audit. • Compliance with Civil Rights Requirements • Prepare Closeout Documents, Completion Reports and Match Documentation as required by IHCDA. • Other actions that may be necessary from time to time as determined by the City of Richmond, as related to this project. ENVIRONMENTAL REVIEW: • Conduct all relevant Environmental Review Services required by Indiana Housing and Community Development Authority. 1. Environmental Review Forms and Contacts. 2. Notice of Release of Funds. 3. Section 106, State Historic Preservation. PROGRAM DELIVERY: • Conduct client intake/eligibility and income verifications, propose grant beneficiaries using non -biased priority ranking system, approved by Richmond, notify all applicants of status. • Conduct initial rehabilitation inspection report for each home. • Prepare Set -Up report as required by IHCDA for each site address. • Obtain from the homeowners a signed consent for rehabilitation before work begins on the homes or bids are let out for rehabilitation work. • Prepare bidding documents including all requested items by homeowner, required LBP hazard, and other items as required by IHCDA as proposed in grant application. • Include specifications consistent with IHCDA's Rehabilitation Standards in bidding documents. EXHIBIT, . PAGE -2 OF.L Z • Prepare legal advertisement for construction bids and conduct Pre -Bid meeting. • Analyze bids with homeowners with best bids and present recommendations to Richmond. • Prepare Rehabilitation No -Lien Contract Agreements to be signed between Richmond, homeowner and contractor being awarded the rehabilitation contract. • Conduct pre -construction conference. • Conduct inspections on each home to be rehabilitated before making progress payments to a contractor. • Conduct owner or contractor requested inspections and final inspections. • Provide all files to IHCDA monitor for final monitoring. • Accompany IHCDA inspector to sites and provide him with adequate work write-up documentation and specifications. LEAD TESTING: + Facilitate Lead Based Paint Risk assessment on each property in which paint will be disturbed. • Review and inform homeowners of Lead Hazards noted in LBP Risk Assessment. Also provide to each homeowner a copy of their LBP Risk Assessment. • Incorporate any lead hazards into the work write-up for each home. • Facilitate the Lead Based Paint Clearance Test • Review and inform homeowner of Clearance Test Results. Also provide to each homeowner a copy of their LBP Clearance Test. 5. COMPENSATION: Based upon $300,000 grant award. a) Grant Administration Compensation Star Development, Inc. shall be paid on a per hour basis with a maximum price fee of $10,500.00 (or 131.25 hours) for all services related to the grant EXHIBIT , PAGE-5— administration activities of the Indiana Housing and Community Development Authority project. b) Environmental Review Services Compensation Star Development, Inc. shall be paid on a per hour basis with a maximum price fee of $5,000,00 (or 62.50 hours) for all services related to the preparation of the necessary documents for an environmental review of the project as required by Indiana Housing and Community Development Authority grant agreement. This fee includes professional services, pictures, photocopying and postage. c) Program Delivery Star Development, Inc. shall be paid on a per hour basis with a maximum price fee of $43,500.00 (or 543.75 hours) for all services related to the program delivery activities of the project as required by Indiana Housing and Community Development Authority. This fee includes contractor services, work write-ups/specifications, financing costs, client related services (intake, related travel, meetings, overhead, marketing and advertising), recording fees, legal documents and inspections. d) Lead Based Paint Assessment & Testing Star Development, Inc, shall be paid a fixed price fee of $1,000.00 per home, as needed, for all services related to lead based paint assessments, clearance testing, inclusion in work write-up and all reporting as required by Indiana Housing and Community Development Authority. These fees include all costs to be incurred by Star Development, Inc. and are contingent upon the receipt of funds awarded through the Strategic Investment Process Homeowner Repair and Improvements grant. These fees are in compliance with Indiana Housing and Community Development Authority's regulations. Upon depletion of the earmarked funds for all proposed services, Star Development, Inc. will curtail the submission of claims, but will continue to operate the program until the project has been audited and closed out by Indiana Housing and Community Development Authority and the City of Richmond. The general grant administrative, environmental review, lead testing and program delivery services of Star Development, Inc. are to commence when Indiana Housing and Community Development Authority authorizes the City of Richmond to proceed with each project task, and shall be undertaken and completed in such sequence as to assure the expeditious completion of the project; but in any event, all of the task services required thereunder shall be completed in a timely manner as required by Indiana Housing and Community Development Authority. -- - - GF LZ EXHIBIT PAGE 07 STAR DEVELOPMENT, INC RIC14MOND CORPORATE FEES SCHEDULE Rate Schedule of Fees and Char es for Professional Per Unit Hour of Services Star Development, Inc. (Star) proposes to provide the services described herein according to the following rate schedule: Classification Rate Per Unit Hour Client Intake Director $80.00/Unit Hr. Principals $80.00/Unit Hr. Lead Based Paint Risk Assessment $650.00/Unit Lead Based Paint Clearance Test $350.00 Unit Final 3`d Party Inspection, if required $275.00/Unit Other Fees Mileage $.50/Mile Plain Paper Copies $1.05/Sheet Facsimile $1.25/Sheet Long Distance Telephone Calls Actual Cost Express Charges, Postage, Pictures Misc. Material (i.e. legal notices, Actual Cost Printing cost, etc.) EX-H I B IT� PAGE -L(2-OF 12, STAR DEVELOPMENT, INC. JOYCE MCCARTY & MARK MCCARTY GRANT WRITING/ADM:INISTRATIVE EXPERIENCE Town of Dublin -- Community Club $ 280,000.00 Town of Dublin — Water Improvement Project $1,200,000.00 Town of Dublin — Fire Truck Project $ 180,000.00 Town of Dublin — Law Enforcement Grant $ 16,000.00 Town of Dublin — Community Park Project $ 34,000.00 Town of Dublin — Owner -Occupied Rehab Project $ 300,000.00 Town of Dublin — Owner -Occupied Rehab Project $ 300,000.00 Town of Dublin — Owner -Occupied Rehab Project $ 250,000.00 Town of Mt. Summit — Park Improvement $ 50,000.00 1998 Town of Mt. Summit -- Fire Truck Project $ 100,000.00 1998 Town of Dublin — Rental Housing Project $1,700,000.00 1999 Town of Greens Fork — Fire Truck Project $ 149,000.00 1999 Town of Straughn — Owner -Occupied Rehab Project $ 300,000.00 1999 Town of Straughn — Owner -Occupied Rehab Project $ 300,000.00 2002 Town of Middletown — Owner -Occupied Rehab Project $ 300,000.00 2000 Town of Milton -- Owner -Occupied Rehab Project $ 300,000.00 2001 Town of Kennard — Owner -Occupied Rehab Project $ 250,000.00 2002 Town of Cambridge City — Owner -Occupied Rehab Project $ 300,000.00 2002 Town of Middletown — Owner -Occupied Rehab Project $ 300,000.00 2002 Rush County — Owner -Occupied Rehab Project $ 300,000.00 2002 Town of Straughn — Fire Truck Project $ 150,000.00 2003 City of Richmond — Owner -Occupied Rehab Project $ 300,000.00 2003 Town of East Germantown — Owner -Occupied Rehab Project $ 300,000.00 2004 Town of Greens Fork — Owner -Occupied Rehab Project $ 300,000.00 2004 City of New Castle — Owner -Occupied Rehab Project $ 300,000.00 2004. Town of Middletown — Owner -Occupied Rehab Project $ 150,000.00 2004 Town of Saratoga — Fire Truck Project $ 150,000.00 2005 Town of Carthage — Fire Truck Project $ 140,000.00 2005 Town of Mooreland — Fire Truck Project $ 150,000.00 2005 Henry County — Fire Truck Project $ 150,000.00 2005 City of Richmond Owner -Occupied Rehab Project $ 300,000.00 2005 Town of Shirley — Owner -Occupied Rehab Project $ 300,000.00 2005 Henry County — Owner -Occupied Rehab Project $ 225,000.00 2005 Town of Lapel — Owner -Occupied Rehab Project $ 150,000.00 2005 Wayne County — Owner -Occupied Rehab Project $ 150,000.00 2005 Town of Camden--- Owner -Occupied Rehab Project $ 225,000.00 2006 City of New Castle — Owner -Occupied Rehab Project $ 300,000.00 2006 Town of Dublin — Homeowner Repair & Improvements $ 282,250.00 2006 Town of Dublin — Water Improvements Project $ 463,733.00 2007 Town of Lapel — Homeowner Repair & Improvements $ 118,950.00 2007 Wayne County — Homeowner Repair & Improvements $ 216,450.00 2007 City of Richmond — Homeowner Repair & Improvements $ 300,000.00 2007 City of Connersville -- Homeowner Repair & Improvements $ 300,000.00 2007 Town of Camden — Homeowner Repair & Improvements $ 225,000.00 2008 Town of Chesterfield — Homeowner Repair & Improvements $ 225,000.00 2008 Town of Wilkinson — Homeowner Repair & Improvements $ 185,000.00 2008 Town of Greenfield — Homeowner Repair & Improvements $ 152,367.00 2008 City of Connersville — Homeowner Repair & Improvements City of Richmond — Homeowner Repair & Improvements Wayne County — Homeowner Repair & Improvements City of New Castle Homeowner Repair & Improvements City of New Castle — Neighborhood Stabilization Project Fayette County — Homeowner Repair & Improvements City of Greenfield — Homeowner Repair & Improvements Town of Cambridge City — Homeowner Repair & Improvements Town of Shirley — Homeowner Repair & Improvements City of New Castle — Homeowner Repair & Improvements Town of Dublin --- Homeowner Repair & Improvements Town of Chesterfield ---- Homeowner Repair & Improvements Town of Camden — Homeowner Repair & Improvements City of Richmond — Neighborhood Stabilization Project City of Richmond — Neighborhood Stabilization 3 Project City of Greencastle — Stellar Owner -Occupied Rehabilitation Town of Liberty — Owner Occupied Rehabilitation Town of Milton — Owner Occupied Rehabilitation Union County Owner Occupied Rehabilitation References: Beth Fields Wayne County 401 E. Main Street Richmond, IN 47374 765-973-9237 Pat Casserly Town of Camden 153 West Main Street Camden, IN 46917 574-686-2121 AFFILIATIONS AND VOLUNTEER ACTIVITIES: Town Board of Cambridge City Jackson Township Board Board Members of Western Wayne Affordable Housing, Inc. President of Dublin Senior Housing Inc. Secretary of Dublin Senior Housing, Inc. President of Dublin Community Club Member of Western Wayne Sewer Board Dublin Volunteer Fire Department $ 250,000.00 2008 $ 187,500.00 2008 $ 187,500.00 2008 $ 125,000.00 2008 $2,732,925.00 2009 $ 118,300.00 2009 $ 84,350.00 2009 $ 125,000.00 2009 $ 125,000.00 2009 $ 250,000.00 2010 $ 250,000.00 2010 $ 243,000.00 2010 $ 250,000.00 2010 $3,000,000.00 2010 $2,000,000.00 2011 $ 300,000.00 2011 $ 330,000.00 2011 $ 288,000.00 2012 $ 200,000.00 2012 EXFiiBlr_j� PAGE-1.�-a._1�