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HomeMy WebLinkAbout2006-R-10RESOLUTION NO. 2006-R- ~ 0 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BY AND BETWEEN INDIANA ASSOCIATION OF CITIES AND TOWNS AND CITY OF JEFFERSONVILLE WHEREAS, the Common Council of the City of Jeffersonville, Indiana recognizes the need to preserve significant historic properties within its corporate limits and is supportive of the ongoing efforts to restore the historic Carnegie Library building; and WHEREAS, the City of Jeffersonville, Indiana has received a federal appropriation, to restore the Carnegie Library building in anticipation of the relocation of the Remnant Trust collection to the Jeffersunville Carnegie Library building; and WHEREAS, the City of Jeffersonville, Indiana has also received a grant from the Indiana Association of Cities and Towns to provide additional funds ($30,000) to restore the Jeffersunville Carnegie Library building to stimulate business and improve economic conditions in the city; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, Indiana that: 1. The Mayor is authorized to sign the grant agreement by and between the Indiana Association of Cities and Towns and the City of Jeffersonville to restore and renovate the Jeffersonville Carnegie Library building to stimulate business and improve economic conditions in the city. 3 Carnegie Lib~//~ Adop}ed by the Con~m//ooon Counfl~//of ~ City of Jeffersonville, Indiana this Ro~. W~., Mayor Cl~k-Treas~er Matching funds will be provided by the Jeffersonville Carnegie Library Foundation, Inc., which is securing all funding necessary for the restoration/renovation of the Jeffersonville Carnegie Library building in anticipation of the eventual location of the Remnant Trust in the Jeffersonville .. dayof?~y-),2006, H:~xathy\Carnegie LibraryXlACT grant-Downtown program~Authorizing resolution for grant.doc GRANT AGREEMENT BY AND BETWEEN INDIANA ASSOCIATION OF CITIES AND TOWNS AND CITY OF JEFFERSONVILLE This Grant Agreement (the "Agreement") is made this day of ~ 2005, by and between Indiana Association of Cities and Towns ("IACT") and the City of Jeffersonville (the "Grantee") (collectively, the "Parties"). Agreement In consideration of the mutual covenants of the Parties as set forth in tiffs Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to the terms and conditions set forth below. ARTICLE I PURPOSES The purpose of this Agreement is to describe the terms under which IACT will award a grant (the "Grant Funds") to Grantee for the purpose of supporting economic development initiatives that stimulate business, create jobs, and improve economic conditions in the Grantee's community. The Grant Funds may only be used for activities described in the Grantee's application (the "Application") incorporated herein as Exhibit 1, which is incorporated by reference and made a part of this Agreement. No material changes in the purposes or activities funded by the Grant Funds shall be made without prior written permission of IACT. ARTICLE II GRANT AGREEMENT Grantee (name and address): City of Jeffersonville 20 North 6th Street Jeffersonville, IN 47901 Amount and Purpose of Grant: $30,000, to be used exclusively for the purposes described in .Article I. Payment of Grant: The Grant will be paid as follows: Reimbursement of approved expenses upon submittal to IACT. Drawdown schedule: 1. Grantee will request in writing the drawdown of grant funds to IACT. a. A drawdown of funds will not be approved without a release of funds approval from the local Department of Housing and Urban Development ("HUD") office or if outstanding semi-annual reports are due to HUD 2. IACT will then request drawdown of grant funds from HUD 3. HUD will approve within 48-72 hours 4. Upon HUD approval and receipt of grant funds, IACT will distribute to Grantee the grant funds related to costs described in application within 3 days of receipt of grant funds. ARTICLE III TERMS AND CONDITIONS Section 3.01. HUD Requirements. The Grantee agrees to comply with the following requirements for which the Department of Housing and Urban Development ("HUD") has enforcement responsibility: (a) Equal Opportunity Requirements. The Grant Funds must be expended in accordance with the following: 1. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. 2. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 3. The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. 4. The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's BUsiness Enterprise). Consistent with HUD's responsibilities under these Orders, the Grantee must make -2- efforts to encourage the use of minority and women's business enterprises in connection with activities funded by the Grant Funds. See 24 CFR Part 85.36(e), which describes actions to be taken by the Grantee to assure that minority business enterprises and women business enterprises are used when possible in the procurement of property and services. 5. Where applicable, the Grantee shall maintain records of its efforts to comply with the reqnirements cited in paragraph 4 above. (b) Environmental Review Requirements. 1. The Grantee is a unit of general local government and agrees to assume all of the responsibilities for environmental review and decision-making and actions, as specified and required in regulations issued by the HUD Secretary pursuant to the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. The Grantee must complete the appropriate level of environmental review for the project, publish the required public notice, and prepare HUD Form 70115.15, Request for Release of Funds and Certification (c) The administrative requirements of OMB Circular A-133 "Audits of States, Local Govenunents and Non-Profit Organizations." (d) For State and Local Governments, the Administrative requirements of 24 CFR Part 85, including the procurement requirements of 24 CFR Part 85.36, and the requirements of OMB Circular A-87 regarding Cost Principles for State and Local Governments. (e) The regulations at 24 CFR Part 87, related to lobbying, including the requirement that the Grantee obtain certifications and disclosures from all covered persons. (f) Restrictions on participation by ineligible, debarred or suspended persons or entities as described in Executive Order 12549 and at CFR 24 Part 5.105(c). (g) The Uniform Relocation Act as implemented by regulations at 49 CFR Part 24. (h) The Grantee must comply with all accessibility requirements under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8, where applicable. Section 3.02. Progress Reports, Monitoring and Deviations. (a) Progress Reports. (1) The Grantee shall submit to IACT a progress report every six (6) months after the effective date of this Agreement. Progress reports shall consist of: -3- (a) A narrative of work accomplished during the reporting period; (b) A completed Financial Status Report on HUD Form 269A; (c) A report of the Grantee's efforts to comply with the requirements of Section 3.01(a)(4); and (d) The certifications and disclosures required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.510(b) regarding ineligibility, suspension and debarment. IACT may require additional information or increased frequency of reporting, at its sole discretion. (2) The progress reports must contain the information required under 24 CFR Part 85.40(b)(2) or 24 CFR Part 84.51(a), as applicable, including a comparison of actual accomplishment to the objectives indicated in the Application, the reasons for variance if established objectives were not met, and additional pertinent information including any deviation from the Grantee's budgeted expenses as described in more detail in Section 3.02(c). (3) The Grantee shall submit to IACT a final report within thirty (30) days of drawing down the final Grant Funds and completing the activities as described in the Application. The final report shall consist of: (a) A narrative of all work accomplished during the project period; (b) A completed Financial Status Report on HUD Form 269A describing the entire project period; (c) A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of OMB Circular A-122, A-87 or A-21 as applicable, including the "necessary and reasonable" standard); a certification of the costs; and the amounts and sources of other project funds; and (d) A final performance report providing a comparison of actual accomplishments with each of the project commitments and objectives in the Application, the reasons for variance if established objectives were not met, and additional pertinent information including any deviation from Grantee's budgeted expenses as described in Section 3.04(c). (4) No drawdowns of the Grant Funds will be approved for projects with overdue progress reports. (b) Monitoring. IACT shall have the right and opportunity to monitor and evaluate the actions of the Grantee under this Agreement, including (i) visits by representatives or agents -4- of IACT to observe the Grantee's procedures and operations in connection with the Grant Funds; (ii) review of the various reports produced by the Grantee as to all aspects of the use of the Grant Funds; and (iii) such additional actions deemed necessary by IACT to ensure appropriate use of the Grant Funds. (c) Deviations. The Grantee shall have an obligation to give immediate notice to IACT of any material event that would cause it to deviate from its expenditure of the Grant Funds for the budgeted expenses described in Exhibit A by greater than five percent (5%). The Grantee shall give such notice at least five (5) days before any deviation would occur and IACT shall have the sole and absolute discretion to approve or deny the expenditure at issue. Section 3.03. Grantee's Obligation to Cooperate with ItUD. Grantee recognizes that IACT received the Grant Funds under the terms of a Grant Agreement with HUD dated [August 24, 2004] (the "HUD Grant Agreement"), incorporated herein as Exhibit 2, which is incorporated by reference and made a part of this Agreement. Grantee agrees that with respect to the Grant Funds, Grantee will assume IACT's obligations under the terms of the HUD Grant Agreement, including, but not limited to the following: (a) Grantee will allow HUD to inspect the activities described in this Agreement and its books and records with respect thereto, including an on-site HUD inspection; (b) Grantee agrees to resolve, to HUD's satisfaction, any issues or findings raised as a result of a HUD inspection; (c) Grantee agrees to abide by any continuing federal requirements that are imposed, in writing, by HUD or IACT at the termination of this Agreement; and (d) Grantee agrees that the Grant Funds are allowable only to the extent that the project costs, meeting the standard of OMB Circular A-122, A-87 or A-21, as applicable, equal the grant amount plus other sources of project funds provided. Section 3.04. Accounting and Financial Requirements. The use of the Grant Funds is restricted solely to the purposes described in Article I and shall be so restricted in the Grantee's accounting and financial records. Under no circumstances may the Grant Funds be expended, borrowed (inter-fund), pledged or transferred for reasons unassociated with the stated purposes of this Agreement. For purposes of controlling and reporting on the use of the Grant Funds, the Grantee's accounting records shall be maintained so that such use of the Grant Funds is easily and readily identifiable. Section 3.05. Retention of Records. The Grantee shall maintain all financial records relating to the Grant Funds according to generally accepted accounting practices including those practiced by local government, shall retain records for at least three (3) years, and at the Grantee's expense and on IACT's reasonable notice to the Grantee, shall make records available to IACT, HUD, their agents orany auditors. This obligation shall survive the termination of this Agreement. -5- Section 3.06. Termination of Agreement. This Agreement will terminate on the earliest of the following dates: (a) The date on wkich all of the Grant Funds have been expended in accordance with the purposes defined in Article I; (b) IACT requests the Grantee to cease activities that IACT deems might jeopardize IACT's status as a Code Section 115 entity and the Grantee fails to comply within a period often (10) days; or (c) The Grantee fails to perform or observe any other covenant of this Agreement, and this failure remains unremedied fifteen (15) days after notice in writing. Section 3.07. Budget. The budget for the uses of the Grant Funds is attached to this Agreement as Exhibit A. Changes in the budget in excess of the limits set forth in .Section 3.02(c) may not be made without the prior written approval of IACT. Section 3.08. Default. A default under this Grant Agreement shall consist of using the Grant Funds for a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to the Agreement, any other material breach of this Agreement, or any material misrepresentation in the submission of the Application. Section 3.09. Repayment Obligation. The Grantee shall have an obligation to repay to IACT any portion of the Grant Funds that are expended for any purpose other than the purposes specifically described in Article I and the Application. Section 3.10..Liability_.and Insurance. (a) The Grantee acknowledges and agrees that neither IACT, nor its directors, officers, employees, delegates, agents, or representatives shall have any liability whatsoever to the Grantee for the acts or omissions of the Grantee or any of its affiliates, contractors, or subcontractors in connection with the use of the Grant Funds. (b) The Grantee shall maintain at its sole expense, and in amounts consistent with industry standards, insurance for general and public officials errors and omissions liability and such other insurance as may be necessary to insure the Grantee, its employees and agents against any claim or claims for damages arising out of or in connection with its duties and obligations under this Agreement. A certificate of insurance coverage shall be provided to IACT upon request. Section 3.11. Prohibited Activities. The Grantee shall not use the Grant Funds to attempt to influence legislation or participate or intervene in any political campaign on behalf (or in opposition to) any candidate for public office. Section 3.12. Additional Representations and Warranties of the Grantee. -6- (a) The Grantee is duly organized and validly existing under the laws of the State of Indiana and has all requisite power and authority to conduct its business as now conducted. (b) The Grantee has all requisite power and authority to enter into this Agreement and to carry out its obligations hereunder. This Agreement has been duly authorized, executed and delivered by the Grantee and constitutes the Grantee's valid and binding obligation, enforceable against the Grantee in accordance with its terms. (c) The execution, delivery and performance of this Agreement by the Grantee and its compliance with the obligations contemplated herein do not and shall not violate any provision of law or any order, judgment or decree of any corot or other governmental or regulatory authority applicable to the Grantee. ARTICLE IV MISCELLANEOUS Section 4.01. Publicity. If the Grantee wishes to issue a news release concerning the award of the Grant Funds, the text of the proposed release must be submitted to IACT prior to the release date. No publicity release shall be made without the prior written approval of IACT. Section 4.02. SeverabiliW. · If any provision of this Agreement is determined to be invalid or unenfomeable, such invalidity or unenforceability shall not affect the validity or enfomeability of any other provisions of this Agreement that can be given effect without the invalid or unenforceable provisions, and all unaffected provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without such invalid or unenforceable provisions. Section 4.03. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. Section 4.04. Waiver. Any of the terms, covenants, representations, warranties or conditi(~ns of this Agreement may be waived only by a written insmunent executed by the party waiving compliance. Any waiver by either pa~ty of any condition, or of the breach of any provision, term, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall not be deemed to be or construed as a fm~er or continuing waiver of any such condition or breach of any other condition or the breach of any other provision, term, covenatu, representation, or warranty of this Agreement. Section 4.05. Successors. This Agreement shall be binding upon the Parties and their respective successors and permitted assigns; provided, however, that neither party may assign or transfer this Agreement or any of its rights or obligations hereunder to any other person or entity without the prior written consent of the other party hereto. Section 4.06. Notices. All notices required to be given under the terms of this Agreement or which either of the pa~ties may desire to give hereunder shall be in writing and shall be deemed to be given when delivered personally or sent by registered or certified mail, postage prepaid, return receipt requested to the parties at the addresses set fo~di below, or to such other persons or addresses as either party shall furnish to the other in writing. If to IACT: Indiana Association of Cities and Towns c/o 200 South Meridian Street ~ Suite 340 Indianapolis, IN 46225 If to the Grantee: City of Jeffersonville Attention: 501 E. Court Avenue Jeffersonville, 1N 47130 Section 4.07. ~- In the event of any dispute hereunder, the laws of the State of Indiana shall govern the validity, performance, enforcement, interpretation and any other aspect of this Agreement. Section 4.08.. Modification. This Agreement may not be modified or altered except by written instrmnent duly executed by both of the Parties. Section 4.09... ~' This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and shall be deemed to supersede all prior agreements, whether written or oral, and the terms and provisions of any Such prior agreement shall be deemed to have been merged into this Agreement. Section 4.10. Counterparts. This Agreement may be signed in any number of counterparts, any one of which need not contain the signature of more than one party, but all such counterparts together will constitute one agreement. -8- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. INDIANA ASSOCIATION OF CITIES AND TOWNS By:. rlqDY 1479642vl City of Jeffersonville By: Exhibit A Budgeted expenses must not represent program costs, but rather, costs of construction, rehabilitation, property acquisition, and other "hard costs."