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HomeMy WebLinkAboutCommunity Development Block Grant- MSRP INDIANA OFFICE OF ;1b--.Z"P - 11 1 - :I }1 •f.4( ? Where Rural Matters October 5, 2012 City of Jeffersonville The Honorable Mike Moore, Mayor 500 Quartermaster Court Jeffersonville, Indiana 47130 -3433 RE: Community Development Block Grant (CDBG) Number MS -12 -100 Dear Mayor Moore: We are pleased to congratulate you on the recent announcement that the Indiana Office of Community & Rural Affairs has approved your community's application for Community Development Block Grant (CDBG) funds under the Main Street Revitalization Program (MSRP). An identification number of MS -12 -100 has been assigned to this grant by the Grant Support Division. Please use this identification number in all future correspondence and /or reports respective to this grant project. A total of $250,000 in CDBG -CFF funding has been approved for the following activities: Flood /Drainage Facilities $120,555 Street /Bridge Improvements $ 74,715 Other Public Facilities $ 54,730 Total: $250,000 It is important that you and your legal counsel review and implement the following requirements regarding this grant awarded by the Office of Community & Rural Affairs: 1. Readiness -to- proceed and completion date requirements: This grant was awarded to your community based upon various assurances and threshold criteria. A critical criterion for funding is that the project be completed within the time period specified in the attached grant agreement. These are federal CDBG funds and the U. S. Department of Housing and Urban Development (HUD) mandates that the Indiana Office of Community & Rural Affairs expend these funds within eighteen (18) months from the date these funds are allotted to the State of Indiana. The Indiana Office of Community & Rural Affairs expects this project to be completed and closeout documents submitted by the expiration date stipulated in the grant agreement. You and your consultants have certified readiness -to- proceed on this project respective to financing, environmental clearance, preliminary engineering and site control issues. Since the date the application was submitted, if events have occurred which will preclude completion of the project by the date specified in the attached grant agreement, please return the unsigned documents to this office with a letter stating the events which have negated your readiness -to- proceed and project completion timetable certified in your grant application. One North Capitol, Suite 600 • Indianapolis, IN 46204 800.824.2476 • 317.233.3597 (fax) www.ocra.IN.gov These funds will then be expended on other approved projects that are ready to proceed in order to meet HUD funds - expenditure requirements. 2. Cost incurrence and reimbursement issues (federal CDBG- funds): The only project - related costs your community may have incurred to date that may be reimbursed from CDBG grant funds are: a. Grant - related administration and environmental review costs; b. Architectural /engineering costs associated with gaining an environmental clearance; c. Engineering or architectural services necessary to complete bid specifications and other related bidding documents; and, d. Expenses for real property appraisals and legal services needed to gain site control, to include purchase options, easement agreements, title searches and opinions, etc. This does not include the cost of actual acquisition. In order to be reimbursed from federal CDBG funds, the above - stated services must have been procured in accordance with federal and state (State of Indiana) procurement requirements including solicitation of certified minority business enterprises. Costs will not be reimbursed from grant proceeds in the event the grant agreement is not fully executed, or in the event grant funds are subsequently de- obligated due to the grantee's failure to obtain a release of funds within the time period specified in Exhibit C of the grant agreement. 3. Environmental Release Bid Deadline and Final Release of Funds: You may not incur any cost other than those specified in Section 2 above (i.e. execute contracts or other binding documents), until the Indiana Office of Community & Rural Affairs issues to your community a Notice of Removal of Environmental Conditions and a Notice of Release of Funds and Authorization to Incur Costs. a. "Notice of Removal of Environmental Conditions ". The deadline for achieving this milestone is November 30, 2012. Failure to achieve this project milestone will result in termination of the grant agreement in accordance with paragraph 29 and Exhibit C, paragraph 4(C) of the grant agreement. b. "Bid Deadline ". Invitation for bids, including proof of publication, and bid tabulation documents must be submitted to the Indiana Office of Community & Rural Affairs by March 31, 2013. Failure to achieve this project milestone will result in termination of the grant agreement in accordance with paragraph 29 and Exhibit C, paragraph 4(H) of the grant agreement. c. "Notice of Release of Funds and Authorization To Incur Costs ". This notice will be issued upon successful completion of the requirements for final release that includes completion of the bidding process and securing all necessary project permits. Please review Exhibit C of the enclosed grant agreement for the requirements to gain this full release of funds. Failure to achieve this milestone by May 31, 2013 will result in the termination of this grant by the Indiana Office of Community & Rural Affairs in accordance with Section 29 of the grant agreement. 2 4. Review by Legal Counsel and Subrecipients (if applicable): It is recommended Y ou have your legal counsel, as well as any proposed subrecipients (if applicable), review this correspondence and enclosed grant agreement documents prior to execution. Your legal counsel and subrecipients are encouraged to contact the Grant Support Division at (317) 232 -8333 if there are any questions regarding the requirements and responsibilities discussed herein or terms /conditions outlined in the grant agreement. If your project involves a subrecipient non - profit organization, a formal subrecipient agreement between your community and the subrecipient must be executed, approved by the Grant Support Division, and then must be recorded with the County Recorder of the applicable county prior to Grant Support issuing a full release of funds. The Indiana Office of Community & Rural Affairs has a standard format for subrecipient agreements which grantees must utilize and we will be pleased to provide you or your designee with a printed or electronic copy of this document. Enclosed is a copy of the grant agreement. Please return the copy with original signatures no later than October 31, 2012. The enclosed grant agreement must be executed by the grantee's Chief Elected Official and attested by the Chief Financial Officer. The signed agreement and all accompanying forms /signature cards are to be returned to the following address: Lieutenant Governor's Office Business Office One North Capitol Avenue, Suite 600 Indianapolis, Indiana 46204 -2288 Attention: Kyleen Welling It normally takes approximately forty -five (45) days following receipt of the executed agreement from you to complete the processing of the grant agreement and establishment of your new grant account. Four (4) state agencies must execute all such grant agreements. The Indiana Office of Community & Rural Affairs looks forward to working with you and your consultants /subrecipients in making this a successful and productive project for your community. Please do not hesitate to contact our Grant Support Division at (317) 232 -8333 at any time if you need assistance in properly implementing your CDBG grant project. If your community does not have a copy of the CDBG Handbook, please visit the OCRA website at www.ocra.in.gov to download a copy. Sincerely, Kathleen Weissenberge. ,.Director Grant Support Division'' cc: Business Office Project File Melissa Woods Enclosures 3 STATE OF INDIANA — OFFICE OF COMMUNITY AND RURAL AFFAIRS STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMUNITY FOCUS FUND EDS # A192- 13 -MS -12 -100 This Grant Agreement, entered into by and between the STATE OF INDIANA acting by and through the Office of Community and Rural Affairs (hereinafter referred to as the "State "), and the City of Jeffersonville (hereinafter referred to as the "Grantee "), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. PURPOSE OF THIS GRANT AGREEMENT. The purpose of this Grant Agreement is to enable the State to make a grant from the federal Community Development Block Grant Program (hereinafter referred to as the "CDBG Program ") in the amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) to the Grantee for eligible costs of the project (the "Project ") as described in Exhibits A and B of this Grant Agreement. Exhibits A and B are attached hereto and incorporated fully herein. The funds shall be used exclusively in accordance with the provisions contained in this Grant Agreement and in accordance with United States Department of Housing and Urban Development ("HUD") laws and regulations found in 42 U.S.C. §§ 3531 -3549 and Title I of the Housing and Community Development Act, 42 U.S.C. §§ 5301 -5321 (the "Act ") and 24 C.F.R. part 570, establishing and governing the CDBG program. 2. TERM. The term of this Grant Agreement shall be from the date of final execution by all the parties hereto until March 31, 2015 (the "Expiration Date "), unless sooner terminated as described in this Grant Agreement. The Project funded by this Grant Agreement must be completed by March 31, 2014 (the "Completion Date "). In no event shall payments be made for work done or services performed after the Completion Date. All drawdowns of grant funds must be completed within thirty (30) days after completion of the Project. The Grantee may request in writing that the completion date only of this Grant Agreement be extended. 3. DESIGN AND IMPLEMENTATION OF PROJECT. The Grantee shall be solely responsible for the proper design and implementation of the Project. The Grantee agrees to complete the Project in accordance with the plans and specifications contained in its application which is on file with the State and is incorporated by reference. Modification of the Project shall require prior written approval of the State as provided in the CDBG Handbook. 4. DUTIES AND RESPONSIBILITIES OF THE GRANTEE. A. Compliance with Approved Program and Laws. All activities performed by the Grantee pursuant to this Grant Agreement shall be done in conformance with the Act and all applicable rules, regulations, policy memoranda and other authority thereunder; and the directives of the State. The Grantee agrees that it will comply with all future requirements determined by the State to be necessary, as well as all then current applicable state and federal laws and regulations to which the State and /or the Grantee are subject. The Grantee agrees to abide by all provisions of the CDBG Handbook, which is fully incorporated herein by reference, except in the event that applicable authority has been modified and the CDBG Handbook does not reflect those modifications. The State will attempt to inform the Grantee of applicable authority through the CDBG Handbook and through updates to that Handbook. However, the Grantee expressly agrees to be solely responsible to insure that the use of the funds received under this Grant Agreement is in compliance with all federal, state and local statutes, rules and other legal authority affecting the use of the grant funds. The Grantee further acknowledges that where applicable, any Subrecipient is subject to and shall abide by all applicable requirements of the Act as more fully outlined in Exhibit D, attached hereto and incorporated fully herein. B. Lack of Compliance. If the Grantee fails to comply with any of the applicable laws, rules, regulations, terms and conditions of this Grant Agreement or other requirements, and such failure continues for Page 1 of 21 B. All the evidentiary materials required by Exhibit C, attached hereto and incorporated herein, must be submitted to and approved by the State. C. Any other grant conditions must be met to the State's satisfaction. D. The State may require evidence that substantial progress has been made toward completion of the Project prior to making the first payment under this Grant. All payments are subject to the State's determination that the Grantee's performance to date conforms to the Project as approved, notwithstanding any other provision of this Grant Agreement. E. Unless authorized by statute and previously agreed, all payments will be made in arrears only upon presentation of approved and signed State of Indiana Claim Vouchers. Such Claim Vouchers must be submitted with the budget expenditure report detailing disbursements of state, local and /or private funds by project budget line items as set forth in Exhibit B. F. Failure to complete the Project and expend state, local and /or private funds in accordance with this Grant Agreement may be considered a material breach and shall entitle the State to impose sanctions against the Grantee including, but not limited to, suspension of all grant payments, and /or suspension of the Grantee's participation in State grant programs until such time as all material breaches are cured to the State's satisfaction. Sanctions may also include repayment of all state funds expended that are not in the scope of this Project or the Budget. G. The State will accept a drawdown request for review and approval submitted on State of Indiana claim voucher "Forn 11294R ", provided that: (1) the form has been properly completed as set forth in the CDBG Handbook; and (2) the State has no reason, through monitoring procedures, or review of attached invoices, to determine that the Grantee is not performing or completing the project in accordance with its responsibilities under this Grant Agreement. Such responsibilities will include, but are not limited to, timely submission of required reports and monitoring responses. The State reserves the right to require additional documentation in support of any claim voucher prior to payment of such claim voucher. Drawdown of funds from the Planning and Administration line items of the Budget will be based upon the percentage of actual Project completed at the time of such request. H. All payments shall be made in arrears in conformance with State fiscal policies and procedures and, as required by Ind. Code § 4 -13 -2 -14.8, by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from the Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Grant Agreement except as permitted by Ind. Code § 4- 13 -2 -20 or by the statute authorizing this Grant. 7. PROJECT BUDGET AND BUDGET MODIFICATION. The approved Project Budget (the "Budget ") is set forth as Exhibit B of this Grant Agreement. The Grantee shall not spend more than the amount for each line item, as described in the Budget, without the prior written consent of a duly authorized representative of the State, nor shall the Project costs funded by this Grant Agreement and those funded by the local and /or private share be amended or changed without the prior written consent of the State. A. Limitations on Expenditures of Program Funds and Authorization to Incur Costs. Administrative, architectural, preliminary engineering design and environmental review costs may be incurred by the Grantee prior to the effective date of this Grant Agreement, but only with the prior written consent of the State. However, authorization by the State to incur costs prior to the effective date of this Grant Agreement does not constitute a representation or guarantee that such costs will be paid or reimbursed by the State. All costs incurred by the Grantee prior to the Grant Agreement's execution and receipt of a "Notice of Drawdown • Eligibility" are incurred voluntarily and the Grantee, upon its own credit and expenses, assumes the sole risk Page 3 of 21 shall include a statement from the Auditor that the Auditor has reviewed this Grant and that the Grantee is not out of compliance with the financial aspects of this Grant Agreement. 10. AUTHORITY TO BIND. The signatory for the Grantee represents that he /she has been duly authorized to execute this Grant Agreement on behalf of the Grantee and has obtained all necessary or applicable approvals to make this Grant Agreement fully binding upon the Grantee when his /her signature is affixed and is not subject to further acceptance by Grantee when accepted by the State. 11. COMPLIANCE WITH LAWS. A. The Grantee shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of regulations thereunder after execution of this Grant Agreement shall be reviewed by the State and the Grantee to determine whether the provisions of this Grant Agreement require formal modification. B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State, as set forth in Ind. Code § 4 -2 -6 -1 et seq., Ind. Code § 4 -2 -7 -1 et seq., the regulations promulgated thereunder, and Executive Order 04 -08, dated April 27, 2004. If the Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website at http: / /www.in.gov /ethics /. If the Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Grant Agreement immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties under Ind. Code §§ 4- 2 -6 -12, 4 -2 -7, 35- 44 -1 -3, and under any other applicable laws. C. The Grantee certifies by entering into this Grant Agreement that neither it nor its principal(s) is presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to the State of Indiana. Further, the Grantee agrees that any payments in arrears and currently due to the State may be withheld from payments due to the Grantee. Additionally, further payments may be withheld, delayed, or denied and /or this Grant Agreement suspended until the Grantee is current in its payments and has submitted proof of such payment to the State. D. Other than an action or actions previously disclosed to the State and described in the Grantee's Grant Application, the Grantee warrants that it has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State of Indiana, and agrees that it will immediately notify the State of any such actions. During the term of such actions, Grantee agrees that the State may delay, withhold, or deny funding under any supplement, amendment, change order or other contractual device issued pursuant to this Grant Agreement. E. If a valid dispute exists as to the Grantee's liability or guilt in any action initiated by the State or its agencies, and the State decides to delay, withhold, or deny funding to the Grantee, the Grantee may request that it be allowed to continue, or receive funding, without delay. The Grantee must submit, in writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that the State may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest except as permitted by Ind. Code § 5 -17 -5. F. The Grantee warrants that the Grantee and its contractors and subrecipients, if any, shall obtain and maintain all required permits, licenses, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the State. Failure to do so Page 5 of 21 This certification is required by Executive Order No. 90 -5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the IDOA is requiring the inclusion of this certification in all grants from the State of Indiana in excess of $25,000.00. No award of a grant shall be made, and no grant, purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid, unless and until this certification has been fully executed by the Grantee and made a part of the Grant or agreement as part of the Grant documents. The Grantee certifies and agrees that it will provide a drug -free workplace by: A. Publishing and providing to all of its employees a statement notifying them employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; and B. Establishing a drug -free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the Grantee's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; and C. Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment the employee will (1) abide by the terms of the statement; and (2) notify the Grantee of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; and D. Notifying in writing the State within ten (10) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; and E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and F. Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (A) through (E) above. 14. FORCE MAJEURE. In the event that either party is unable to perform its obligations under this Grant Agreement or to enjoy any of its benefits, because of natural disaster, or decrees of governmental bodies not the fault of the affected party, or communication line failure not the fault of the affected party (hereinafter referred to as a "Force Majeure Event "), the party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Grant Agreement shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving written notice, terminate this Grant Agreement. 15. FUNDING CANCELLATION. When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Grant Agreement, the Grant Agreement shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. Page 7 of 21 except as authorized by Indiana law, in part, if applicable, Ind. Code § 5 -17 -5, Ind. Code § 34 -54 -8, and Ind. Code § 34 -13 -1. Notwithstanding the provisions contained in Ind Code § 5 -17 -5, the Parties stipulate and agree that any liability resulting from the State's failure to make prompt payment shall be based solely on the amount of funding originating from the State of Indiana and shall not be based on funding from federal or other sources. 22. REPRESENTATIONS CONCERNING APPLICATION. The Grantee represents and warrants that the representations, statements and all other matters contained in the application submitted by the Grantee to the State are true and complete in all material respects. It shall be considered a material breach of this Grant Agreement if such representations, statements and other matters were not true and complete at the time the application was made. 23. STATUTORY AUTHORITY OF GRANTEE. The Grantee expressly represents and warrants to the State that it is statutorily eligible to receive monies from the Community Development Block Grant fund, and it expressly agrees to repay all monies paid to it under this Grant Agreement, should a legal determination of its ineligibility be made by any court of competent jurisdiction. 24. SURVIVAL. The covenants, agreements, and representations of Grantee in this Grant Agreement shall survive the Expiration Date or earlier termination of this Grant Agreement. 25. TAXES. The State of Indiana is exempt from most state and local taxes and many federal taxes. The State will not be responsible for any taxes levied on the Grantee as a result of this Grant Agreement. 26. TERMINATION FOR CONVENIENCE. This Grant Agreement may be terminated, in whole or in part, by the State whenever, for any reason, the State determines that such termination is in the best interest of the State. Termination shall be effected by delivery to the Grantee of a Termination Notice, specifying the extent to which such termination becomes effective. The Grantee shall be compensated for completion of the Project properly done prior to the effective date of termination. The State will not be liable for work on the Project performed after the effective date of termination. In no case shall total payment made to the Grantee exceed the original grant. 27. USE OF GRANT FUNDS BY GRANTEE. The funds received by the Grantee pursuant to this Grant Agreement shall be used only to implement the Project in conformance with the Budget and for no other purpose. 28. WAIVER OF RIGHTS. No right conferred on either party under this Grant Agreement shall be deemed waived, and no breach of this Grant Agreement excused, unless such waiver is in writing and signed by the party claimed to have waived such right. 29. EMPLOYMENT ELIGIBILITY VERIFICATION. The Grantee affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The Grantee affirms under the penalties of perjury that he /she /it has enrolled and is participating in the E- Verify program as defined in IC 22- 5- 1.7 -3. The Grantee agrees to provide documentation to the State that he /she /it has enrolled and is participating in the E- Verify program. Additionally, the Grantee is not required to participate if the Grantee is self - employed and does not employ any employees. The State may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty (30) days after being notified by the State. Page 9 of 21 EXHIBIT A t. IDENTIFY THE NATIONAL OBJECTIVE TO BE ADDRESSED AS A RESULT OF THIS PROJECT BENEFIT TO LOW AND MODERATE INCOME PERSONS Area Benefit Limited Clientele Housing Jobs PREVENTION OR ELIMINATION OF SLUMS OR BLIGHT X Area Basis Spot Basis URGENT NEED 2. IDENTIFY THE NUMBER OF INDIVIDUALS BENEFITING AS AS A RESULT OF THIS PROJECT TOTAL BENEFICIARIES 27,297 TOTAL LOW /MOD BENEFICIARIES 11,765 3. DESCRIBE THE PROPOSED ACTIVITY DESIGNED TO ADDRESS THE COMMUNITY'S NEEDS AS SPECIFIED IN THE APPLICATION. QUANTIFY IF POSSIBLE. Grant funds will be used for Jeffersonville Big Four Bridge Landing Project. Grantee shall expend federal CDBG funds on a pro -rata basis for Project costs incurred as determined by the percentage distribution shown in each line item of the budget found in Exhibit B of this Grant Agreement. The State will disburse grant funds under the percentage distribution, or maximum line item amount specified in Exhibit B, whichever is less. Any unexpended grant funds will be de- obligated at the Expiration Date of this Grant Agreement. Page 12 of 21 EXHIBIT B: PROJECT BUDGET AND COST SHARING SCHEDULE COMMUNITY CITY OF JEFFERSONVILLE GRANT MS -12 -100 a NUMBER: ACTIVITY DESCRIPTIO CDBG LOCAL OTHER TOTAL ITEM # N FUNDS °A° FUNDS % FUNDS % FUNDS °A° 01 Acquisition/ Disposition $0 $0 $0 $0 02 Clearance $0 $0 $0 50 03 Public Center Facility $0 $0 $0 50 04A Water Facilities $0 $0 $0 $0 04B Sewer Facilities $0 $0 $0 $0 04C Flood/Drainage Facilities $120,555 57% $90,668 43% $0 $211,223 t00% 05 Street /Bridge Improvements $74,715 56% $59,078 44% $0 $133,793 100% 06 Other Public Facilities $54,730 36% $99,193 64% $0 $153,923 t00% 07 Public Services $0 $0 $0 $0 08 Relocation $0 $0 $0 $0 09A Residential Rehabilitation $0 $0 $0 $0 09B Commercial Rehabilitation $0 $0 $0 $0 10 Public Housing Modernization $0 $0 $0 SO Architectural 11 Barriers Removal $0 $0 $0 $0 12 Planning Only $0 $0 $0 SO 13 Administration Ping & Mgmt $0 $20,000 I00% $0 $20,000 t00% Econ. Dev. 14A Asst./ Non - Profit Ent. $0 $0 $0 $0 Econ. Dev 14B .Asst./ For - Profit Ent. $0 $0 $0 $0 14C Micro Enterprise Program System $0 $0 $0 SO 15A New Construction $0 $0 $0 $0 Page 13 of 21 EXHIBIT C OTHER GRANT CONDITIONS, EVIDENTIARY MATERIALS AND REQUIREMENTS FOR RELEASE OF CDBG GRANT FUNDS 1. TITLE TO ASSETS ACQUIRED OR IMPROVED WITH CDBG GRANT FUNDS: The Grantee shall retain title to the CDBG assets acquired, improved or otherwise assisted by CDBG grant funds unless the Grantee, with prior written approval of the State, assigns an interest in the CDBG- assisted assets to a subrecipient by means of a lease agreement or subrecipient agreement approved in writing by the State. If Grantee applied for CDBG funds on behalf of a subrecipient, the application will serve as notice to the State that Grantee does not have title to the assets for the Project. The Grantee shall ensure that the Grantee retains either direct or reversionary control of the CDBG- assisted facilities or assets until the State issues a Certificate of Completion for the Project. 2. USE OF ASSETS ACQUIRED OR IMPROVED WITH CDBG FUNDS: Pursuant to 24 CFR 570.505, the Grantee shall ensure that CDBG- assisted assets or facilities are used in a manner that complies with the Grantee's approved Project for a five -year period, or until Grantee is issued a Certificate of Completion by the State. Grantee shall ensure that any subrecipient complies with the use requirements of the CDBG program. In the event the Grantee or its lessee or subrecipient fails to comply with the prescribed use requirements, the State shall request reimbursement of the current fair market value of the property less any portion of value attributable to non -CDBG funds pursuant to 24 CFR 570.503(b)(7)(i) and 24 CFR 570.505. 3. INSURANCE COVERAGE FOR CDBG- ASSISTED FACILITIES AND ASSETS: A. For all projects for which the State provides CDBG funds for the acquisition, construction or rehabilitation of improvements to real property and fire safety vehicles, the Grantee shall maintain property damage, comprehensive, and liability insurance in an amount equal to the replacement cost of such property improvements or vehicle(s). Such insurance coverage shall be carried by the Grantee, at the Grantee or subrecipient's (if applicable) expense during the term of this Grant Agreement and until the State issues a Certificate of Completion for the Project. B. The Grantee shall be named as the loss payee of all such policies of insurance coverage. The Grantee shall maintain proof of such insurance coverage in its files for purpose of audit by the State or its representatives for the five year period following the date of issuance of a Certificate of Completion to the Grantee by the State respective to this Project. The Grantee shall ensure that the minimum level of such coverage is equivalent to the State's financial interest in the CDBG- assisted property. 4. ASSIGNMENT OR LIENS AGAINST CDBG- ASSISTED FACILITIES AND ASSETS: The Grantee, it lessees and its subrecipient(s) shall not assign, pledge, or otherwise encumber the Grantee's interest in the CDBG- assisted facilities or assets without the prior written consent of the State. Grantee's lessees or subrecipient(s) shall not pledge or mortgage the CDBG- assisted facilities or assets as collateral for loans without the prior written consent of the both the Grantee and the State. Grantee's lessees or subrecipient(s) shall cure and otherwise perfect all liens placed against the CDBG- assisted facilities or assets. Page 15 of 21 (4) Documentation that the owner(s) of record of each parcel, easement or other interest has been afforded, in writing, the opportunity to accompany the appraiser during the appraisal process for their property; (5) Documentation as to written professional market estimates of the value of real property interests where the value of such interest is less than $10,000; (6) Documentation of all fee and review appraisals conducted respective to each parcel interest in real property; (7) Where applicable, copies of all written waiver of rights under the URA; (8) Copies of all options, easement and purchase agreements completed and fully - executed by owner(s) of record; and, (9) Documentation of recording of all of Grantee's interests in real property under the Project in the Office of the Recorder of the applicable county. G. Insurance Documents: Grantee must provide proof of property damage and comprehensive liability insurance coverage as set forth in Paragraph 2 of this Exhibit C. H. Public Bidding Evidentiary Documents: Grantee must submit to the State for examination the following bid - related documents no later than March 31, 2013: (1) Bid specifications and related documents certified by an Architect or Professional Engineer licensed in Indiana which reflect inclusion of the required federal contracting language, and applicable federal wage decision issued by the US Department of Labor to State and Grantee for Grantee's CDBG Program; (2) Publishers' Affidavit(s) for all public bid advertisements conducted in accordance with IC 5 -3 -1; (3) Bid tabulation certified by the Grantee's Architect or Professional Engineer; and, (4) Documentation as to proposed construction schedule, as applicable. I. Other Evidentiary Documents: Grantee must submit to the State the following documents prior to issuance a "Notice of Release of Funds ": (1) Copy of Grantee's Fair Housing Ordinance or Resolution by the Grantee's governing body, outlining measures to ensure compliance with federal and state fair housing statutes; (2) Written notification of Grantee's designated Labor Standards Officer under this Grant Agreement who will administer compliance with federal labor standards statutes and regulations; Page 17 of 21 2. REPORTING The Grantee shall require the lessee or subrecipient to submit the following reports to Grantee: A. Quarterly progress reports due by the 15th day following the end of each calendar quarter, such reports outlining activities undertaken during the quarter toward completion of the Project and the progress in meeting the prescribed CDBG national objective of the Project; B. Quarterly financial statements due by the 15th day following the end of each calendar quarter, such reports detailing all revenues and expenses applicable to the Project during the quarter; C. A report at the conclusion of the Project which summarizes the successes or failures of the assisted activity, and the level of attainment respective to the CDBG national objective of the Project. These reports shall be submitted by the lessee or subrecipient until the Grantee is issued a Certificate of Completion for the Project by the State. All Grantees and subrecipients must jointly submit to the State semiannual subrecipient reports, using the form prescribed by the State. All such subrecipient reports must be submitted by July 31 and January 31 of each year, for the preceding six -month period, until the issuance of a "Certificate of Completion" by the State to the Grantee. EXHIBIT E ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW INCOME PERSONS UNDER THE HOUSING AND URBAN DEVELOPMENT ACT Grantee understands and agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) and 24 CFR 135.38 ( "Section 3 ") for the Project carried out under this Grant Agreement. Section 3 establishes requirements for creating economic opportunities for low and very low income persons in connection with certain HUD funded projects. All contractors and subcontractors for non - professional services working on this Project must also comply with Section 3. Grantee agrees to ensure that all contractors and subcontractors for non - professional services shall have the following addendum inserted in to their contract with Grantee: "Addendum to Contract dated , 20 , between (Grantee), and (Contractor), (collectively, "The Parties "). A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u ("Section 3 "). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low - and very low - income persons, particularly persons who are recipients of HUD assistance for housing. Page 19 of 21 CFDA No.: 14.228 TITLE: State Administered CDBG Program AWARD NO.: B * 13 *DC 180001 MS -12 -100 FEDERAL AGENCY: U.S. Housing & Urban Development (HUD) STATE: Office of Community and Rural Affairs (OCRA) Page 2 l of 21 For Official Use Only: Grantee Name: Jeffersonville, City of Project I.D.: Grant I.D.: MS -12 -100 AUTHORIZED SIGNATURES FOR PAYMENT REQUEST: The Office of Community and Rural Affairs must have on file the following signatures before any funds can be drawn. Please list at least two (2) persons who will be authorized to sign payment request against state funds on /behalf of the grantee. c „i� Person 1: !� Person Signature Signature J\ Typed Name�j Typed Name rt (JN ( V2- Typed Title ` Typed Title ATTESTATION OF SIGNATURES: 1 certify that the above signatures are of the individuals authorized to request payments. (The following signature may be that of Legal Counsel OR a Notary.) Lei' gal Counsel: Notary: NSV Signature '` Signature Typed Name Typed Name C \ Attorney Number Typed Title C ( >1r \ Date County of Residence Please place notary seal here: Commission Expiration Date: 1 [ ] [ ] [ )