HomeMy Public PortalAbout079-2006 COR, Star Development ConContract for Administrative Environmental Review
And Program Delivery Services
By and between the
CITY OF RICHMOND, INDIANA
And
STAR DEVELOPMENT, INC.
THIS CONTRACT, entered into as of the _20th day of Nov._, 2006, by and between the City of
Richmond, Indiana, (hereinafter referred to as Richmond) and Star Development, Inc., (hereinafter
referred to as Star).
WHEREAS, Richmond has entered into a grant agreement with the Indiana Housing Finance
Authority (IHFA) 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 and program delivery services of projects situated
in Richmond and:
WHEREAS, a certain Request for Proposals/Qualifications dated September 27, 2006 has been
made available for inspection by Star, is on file in the office of Community Development of the City, and
is hereby incorporated by reference and made a part of this Agreement. Star agrees 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 October 12, 2006, consists of ten (10) pages, and is hereby incorporated by
reference and made a part of this Agreement;
WHEREAS, Richmond desires to engage Star to render certain assistance in connection with
such undertakings in Richmond;
WHEREAS, Star agrees to abide by: the Professional Service Third Party Provisions Attachment
marked Exhibit B consisting of nine (9) pages; Federal Contract Provisions Attachment marked Exhibit C
consisting of one (1) page; and the Davis -Bacon Contract Provisions Attachment marked Exhibit D
consisting of one (1) page are hereby incorporated by reference and made a part of this Agreement.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Scope of Services,
Star shall perform all necessary services under this contract 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. 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 Finance Authority.
B. Grant Administration Services:
Star shall assist the Mayor and Common Council of Richmond in establishing
project policies and procedures.
Contract 79-2006
2. Star shall recommend courses of action to the Common Council of Richmond
for implementation of project activities.
3. Star shall supervise the project, as Richmond's representative, with the
contractors on the project.
4. Star shall maintain all the Town's records as required by grant conditions.
5. Star shall prepare request for funds and status of funds reports for submission to
Indiana Housing Finance Authority, as required.
6. Star shall assist the Town in maintaining a separate bookkeeping system, as
required by Indiana Housing Finance Authority.
7. Star shall assist the Town in preparing for audits as required by Indiana Housing
Finance Authority and Indiana State Board of accounts.
8. Star shall process and approve payment requests with:
1. Community Development
2. Board of Public Works and Safety
3. Richmond Common Council
4. Indiana Housing Finance Authority
9. Star shall set up and maintain all Financial Record keeping books.
10. Star shall prepare and process all periodic financial reports required by IHFA.
11. Star shall meet with the Clerk -Treasurer and State Board of Accounts for final
audit.
12. Star shall assist Richmond in meeting all Civil Rights Requirements.
13. Star shall perform any other actions that may be necessary from time to time, as
determined by the Town, and as related to this project.
C. Program Delivery Services:
1. Star shall perform all intake procedures including income verification.
2. Star shall notify homeowners of application approval/denial.
3. Star shall complete the initial inspection reports for each home to be
rehabilitated.
4. Star shall prepare Work Write -Ups and Cost Estimate Sheets for each home to
be rehabilitated.
5. Star shall work with the Town Attorney to ensure the completion of title
searches for each home to be rehabilitated.
6. Star shall prepare bid documents and specifications.
7. Star shall conduct Pre -Bid Conference.
8. Star shall analyze the bids with homeowners with lowest best bid accepted.
9. Star shall prepare Rehabilitation No -Lien contracts to be signed by the Town,
Homeowner and Contractor being awarded the 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.
13. Star shall conduct final inspections on each home that has been rehabilitated and
make payment to the Contractor.
D. Lead -Based Paint Services:
Star shall provide a specialist for lead based paint risk assessment and clearance testing.
2. Time of Performance.
The grant administration, environmental review and program delivery services of Star are to
commence when Richmond authorizes 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 Finance Authority.
Compensation.
Richmond will be not responsible for any compensation to Star until Richmond is awarded its
desired grant from the Indiana Department of Housing Authority. If Richmond is not awarded
such grant, it will not be responsible for any compensation or reimbursement to Star, regardless
of Star's expenditures 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. Environmental Review Services Compensation
Star shall be paid a not to exceed fee of $5,000.00 for all services related to the
preparation of the necessary documents for an environmental review of the project as
required in the IHFA grant agreement. The attached rate schedule shall be used in
computing the actual cost.
B. Grant Administration Services Compensation
Star shall be paid a not to exceed fee of $11,000.00 for all services related to the grant
administration activities of the IHFA grant. The fee includes, but is not limited to, the
project management cost, bookkeeping, salaries, supplies and all general overhead
expenses, 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 a not to exceed fee of $44,000.00 for all services related to the program
delivery activities related to houses being rehabilitated under the IHFA project. These
services include, but are not limited to, contractor services, work write-ups/specifications,
financing costs, client related services (intake, related travel, meetings, overhead,
marketing and advertising), testing for lead hazards, clearance testing, credit reports, title
searches, recording fees, legal documents and inspections. The attached rate schedule
will be used in computing the actual cost.
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, at no additional cost to Richmond, until the project has been audited and
closed out the Indiana Housing Finance Authority and the Indiana State Board of
Accounts.
D. Lead -Based Paint
Star shall be paid a not to exceed fee of $16,000.00 for all services related to lead -based
paint assessment and testing as required by Indiana Housing and Community
Development Authority. Lead -based paint fees are derived from grant funds; thus, Star
will not receive any fees unless the grant is awarded.
4. Responsibility.
At all times, Richmond, including all its Departments, are legally responsible for the execution
of the grant agreement with Indiana Housing Finance Authority.
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.
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.
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. Assignability.
Star shall not assign any interest of this Contract, nor transfer any interest in the same (whether
by assignment or notation), with -out 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.
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.
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.
Notwithstanding the term of this Agreement, City 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, the City 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.
This Agreement may also be terminated by either the City or the Contractor, 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.
12. Indemnification and Insurance.
Star agrees to obtain insurance and to indemnify the City 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 the City, 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.
Coverage Limits
A. Professional malpractice and/or errors 500,000 per occurrence
and omissions insurance 500,000 aggregate
13. 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.
14. 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;
3. That there may be deducted from the amount payable to Star by the City 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 the City 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.
E. 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 the City 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 City due to the enforcement of this
Agreement, including but not limited to City'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.
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
inconspicuous places, available to the 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 one and
the provisions of paragraphs one through seven 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.
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 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,
employees are assigned to work. Star where possible, will assign two or and
coercion at all sites, and in all facilities at which the contractor's 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.
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
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.
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
one 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 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
(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.)
Q) 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, rat 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).
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 form 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 form 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" 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 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
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 and will not let any subcontractor
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 -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 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, recreations or entertainment areas.
25. OMB Circular A-102 Attachment O: Contract Provision 4 4a. 14b and 141.
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 141. 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.
27. Age Discrimination Act of 1975 (42 U.S.C. 6 10 1, 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 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.
30. Conflict of Interest — From OMB Circular A- 1 02_ Attachment 0. 47.
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.
31. OMB Circular a- 102 Attachment C: Retention and Custodial
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, direct or
indirect, in this Contract and Star shall take appropriate steps to assure compliance.
33. Interest of Star and Employ
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
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 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.
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:_S/S John Kenny
John Kenny, President
Date November 20. 2006
APPROVEDS/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date November 20, 2006
"CONSULTANT"
STAR DEVELOPMENT, INC.
By_S/S Joyce McCarty
Title President
Date: November 20, 2006