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HomeMy WebLinkAboutD-1917-08 Carmel/Hamilton Co./Comm Develop Block GrantSponsor: Councilor Sharp ORDINANCE D-1917-08 (AS AMENDED) WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such interlocal agreements; and WHEREAS, the, interlocal agreement by and between the City of Carmel, Indiana, and Hamilton County, Indiana, pertaining to a Community Development Block Grant for certain community development activities, a copy of which is attached hereto and incorporated herein as Exhibit A (`Funding Agreement'), is in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein.by this reference. Section 2. The Funding Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36-1-7-6. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana this eP 04k day of Cnn 2008, by a vote of w ayes and y nays. Page One of Two Pales The document was prepared br Thomas D. Perkins, Carmel Assistant City Attorney. ,ZiE MUA%k N-60MVP %CFS'1]YERIO AL AGREEMENT ORO)flndalg AFMIMI GrAKxM 141749d!10902M9 Sponsor: Councilor Sharp COMMdN COUNCIL FOR THE CITY OFC-ARA7E[-,. N Rider 1hN0 ? P {Z..r-? EST W. Eric -S'eidenst'icker- lq?7 4-1 uci der, ATTEST: n _ Diana L. Corday, IANLC, Presented byme to.the Mayor of the City of Carmel, Indiarta;,this o? I day of o ? , 2008, at 10 ? 5't O'clock, Pr , M. Diana L. Cordrny, IAMC, Clerk -T surer Approved by ine,,Mayor of the City of Carmel; Indiana, this cX3 day of OdukCh 2008„ at lot ;L -. O'clock,, A -'M. ATTES? _ Diana L. Cordray, IAMC„Clerk-Tiea t 7 Ordinance D-1917-08, As Amended Page Two of Two Pages The document was prepared V Thomas D. Perkins Carmel Assistant City Attorney. ?2?E Beu N?UrcNmmi flT?lA'A,\'C66In'TF.RI. A An ENEENII, O&OSFunN NAg 1'Gam el>I91]-05,GC110'I6'mj FUNDING AGREEMENT GRANT NO: HCCDBG-07-7 City of Camel West Main Street Sidewalk FY2007 (with amended FY06 funds) APPROVED , AS TO FORD By, This Agreement is entered into as of the date indicated in the Time of Performance by and between the Board of County Commissioners, Hamilton County, Indiana (County), and the Subrecipient i.e. that is, City of Carmel executing this Agreement. WITNESSETH THAT: WHEREAS, pursuant to Title I of the Housing and Community Development Act of 1974, as amended (called "The Act"), the Subrecipient has applied for and received a Community Development Block Grant (CDBG) for certain community development activities; and WHEREAS, the Subrecipient has entered into a Cooperation Agreement with the County for the purpose of making application for Community Development Block Grant funds; and WHEREAS, the County is a grantee.of funds from the United States Department of Housing and Urban Development, hereinafter referred to as "HUD," responsible for the development, implementation, administration, and evaluation of HUD's Community Development Block Grant program, hereinafter referred to as "CDBG", in Hamilton County, exclusive of the towns of Arcadia, Atlanta and Sheridan; and WHEREAS, by Resolution, the Board of Hamilton County Commissioners approved allocations for its FY 2007 CDBG program and published a Final Statement of Activities and List of Projects; and WHEREAS, It is necessary that the County and the Subrecipient enter into an Agreement for the implementation of approved projects; and WHEREAS, the Cooperation Agreement between the County and the Subrecipient permits the County to implement projects located within the boundaries of the Subrecipient. NOW, THEREFORE, the parties do hereto mutually agree as follows: CONTRACT WITH SUBRECIPIENT: The County hereby agrees to engage the Subrecipient, and the'Subrecipient hereby agrees to perform the services hereinafter set forth in connection with the County CDBG program under a grant and contract from U.S. HUD and to be subject to the terms and conditions of said grant to the County by HUD and in conformity with all applicable federal, state, and local laws to which Subrecipient and its employees are subject. 2. SCOPE OF SERVICES: The Subrecipient hereby agrees to use CDBG program funds for the purpose of implementing the activity described. in Attachment I- Statement of Work, which is attached hereto and made a part hereof as if fully rewritten. Changes to Attachment I - Work Program, may be requested from time to time by either the County or the Subrecipient, and shall be incorporated in written amendments to this Agreement. 3. NATIONAL OBJECTIVES: The Subrecipient certifies that the?County's CDBG program provided for herein gives maximum feasible priority to activities which benefit low or moderate income families or aid in the prevention or elimination of slums and blight. The statement of work shall include a description of the work to be performed, a schedule for completing the work and a budget. 4. TIME OF PERFORMANCE: The effective date of the Agreement shall be September 22, 2008 through June 30, 2009. at which time all work must be satisfactorily completed in compliance with this Agreement. The responsibilities of the Subrecipient are to commence upon the effective date of this Agreement or in accordance with the Attachment I Work Program. However, communities will have a 30-day grace period to submit a request for final payment. It should be understood that Hamilton County will not honor any requests for reimbursement received after July 31, 2009. They will instead become obligations of the Subrecipient. COMPENSATION: The County shall compensate the Subrecipient for all expenditures made in accordance with the schedule set forth in Attachment II -Work Program Budget, in an amount not to exceed the amount stated in the Work Program Budget. A. CDBG Grant: The County shall allocate funding from the following funding sources: (1). FY07 CDBG entitlement in the amount of One Hundred and Nine Thousand Two Hundred and Seven Dollars ($109,207); and, (2) FY06 CDBG entitlement in the amount of One Hundred and Eleven Thousand One Hundred and Fifty Two dollars ($111,152); totaling Two Hundred and Twenty Thousand Three Hundred Fifty Nine Dollars ($220,359) only for the payment of eligible project construction expenditures incurred by the Subrecipient carrying out the FY2007 West Main Street Sidewalk. Any funding not utilized for the current project will be held for future projects assuming that the CDBG programreceives future funding. B. Local Match: Based on the selected contractor's bid of Three Hundred Sixty One Thousand One Hundred Sixty ($361,160), the Sub recipient shall allocate in local matching funds $140,801 for soft costs associated with the project. C. Conditions: 1) Easements must be identified and obtained prior to award of a construction contract. D. Excess Funds: Excess funds from completed projects shall be returned to the County. METHOD OF PAYMENT: Subject to receipt of funds from the U.S. Treasury, the County agrees to reimburse the Subrecipient for authorized expenditures for which vouchers and other similar documentation to support payment expenses are maintained under those generally accepted accounting principles and procedures approved by the County and outlined in 24 CFR Part 85 the "Common Rule" and the Federal Office of Management and Budget Circular A-87 - Cost Principles for State and Local Governments. Such documentation shall be submitted to the County through the Noblesville Housing Authority. Payment shall be made within thirty (30) days of receipt by the County of a statement of expenses for satisfactorily completed work providing that funds for the project have been deposited with the County by the U.S. Treasury. The Subrecipient further agrees to comply with all the uniform administrative requirements described in 24 CFR Section 570.502. A. Restriction on Disbursements: 1) No money shall be disbursed from the County to Subrecipient if County has determined that Subrecipient and its Contractor(s) are not in compliance with applicable U.S. HUD and County Accounting, Fiscal, Environmental, EEO and Federal Labor requirements. 2) No' money shall be disbursed from the Subrecipient to Contractor unless the Contractor has met all requirements under the County CDBG Program or applicable Federal, State, and Local law. B. Documents of Costs: All costs shall be recorded by budget line items and be supported by properly executed payrolls, time records, invoices, contracts or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charge. All checks, payrolls, invoices, contracts, vouchers, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. C. Final Payment: Prior to processing a final payment, a Final Inspection form must be signed by a designated community official, and/or county engineer/consulting engineer/architect or inspector and a representative of the Noblesville Housing Authority. EXCESS FUNDS: Any and all unspent excess funds will be returned back to the County and may only be expended for eligible CDBG activities as identified in HUD implementing regulation 570.200 - Basic Eligible Activities, in accordance with. Section 105 of Title V of the Housing Community Development Act of 1987. 8. PROGRAM INCOME: The Subrecipient. must inform the County of any program income generated by spending CDBG funds. Said program income must be returned to the County. The County has the responsibility for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by the participating unit as may be needed for this purpose. In the event of close-out or change in status of the participating unit, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to the County. 9. ACKNOWLEDGEMENT OF HAMILTON COUNTY: The Subrecipient will acknowledge the Hamilton County Commissioners in all meetings and,in publicity settings through any of the news media, newsletters and flyers or in lecture or information speeches by Subrecipient officers or program staff. The Subrecipient shall state on all letterhead, flyers, signs, displays, and newsletters that they are a Subrecipient of the County. 10. RECORDS TO BE MAINTAINED/AUDITS/ACCESS TO RECORDS: The Subrecipient agrees and understands that the expense of performing inspections and audits required by HUD are part of the project costs. It will give HUD and the Controller General or any authorized representatives access to and the right to examine and copy all records, books, papers, or documents related to the grant, and it will maintain such records, books, papers or documents for three (3) years after the close of the Project. All projects and programs funded under this Agreement are subject to on-site monitoring by Hamilton County. 11. SINGLE AUDIT: The.nexf.Single Audit governing the period of tfiis Agreementmust be submitted,to,the Noblesville Housing Authority for review. 12. BIDDING7BONDING::Subrecipient,agrees to comply:with,24 CFR,Part 85, the "Common Rule,' A. Minority Business_Entrepreneurshio: The;Subrecipient herebyagrees:to assist Hamilton Countyin increasing its Minority Business Entrepreneurs hip:participation. Accordingly affirmative steps should be taken-to assure that small and minority businesses are,utilized'when possible,assources of supplies,, equipment, construction, and services. B. Professional Services, in the procurement of'construction engineering, architectural and.consulting seNices, Sub"recipents are financially responsible for the contracting.of professional services. 13. SUBCONTRACTING: The.servlces covered by this Agreement shall be subcontracted only with approval by the County. All,work or services covered ,by this Agreement which is subcontracted.by the Subrecipient shall be,specified by written contract and-subject to all Subrecipientprovisions of this,Agreerrient. 14. DAVIS-BACON: A. Department of Labor Regulations'. If bmiects involve construction or completion of any building (except;rehabilitation of residential'properfy for fewer than eight (8) families and for contracts under ,$2,000,00 they aressubject-to HUD requirements pertaining to such contracts, and the applicable Department of Labor- regulatidns(29CFR, parts. 3,5 and 5a)- In addition,•the Subrecipient shall snake no award to any contract& who is at the time ineligible under Department of Labor regulations. B.. Fair Labor Standards: Fair Labor Standards require the inclusion of Federal Wage Decisions.and Labor Standards provisions in all bid documents;a`nd construction contracts in excess.of $2,000:00. Therefore, Contractors or their Subcontractors must pay workers employed directly upon the site'of the; CDBG work no less than the locally Federal Prevailing wage and fringe beneffts-as determined by the Secretary` of Labor, and supplied by the Indianapolis-Area Office; U.S. Department of Housing and Urban Development: C Contract Work Hours &Safety Standards Act:' All contracts in excess of $2,000.00 for construction and in excess of$2,500.00 for other contracts which involve the employment.of mechanics or laborers shall include a provision mandating compliance with "section 102 of the Contract Work Hours and SafetyStandards Acts, P.L. 87-581, (40 UJ C',327-333). D. Anti_Kickback Act All contracts for construction and repair shall include a provision. mandating compliance'wiK.,the Copeland "Anti- Kickback" Act (40 USC 276c)) as supplemented by the Department of Labor Regulations (29 CFR Part 3). E. Disbarred Contractors: The°Subrecipient further agrees that it,will refrain from entering into, any contract or contract modifications•with, a Contractor disbarred 4 from:;or who has not demonstrated eligibility for government Contracts and federally assisted construction contracts pursuant to the.executive Order 11246, and will carry out such sanctions and penalties forviolations.of the Equal Opportunity Clause as may be imposed upon Contractors and subcontractors by the Department of.Labor pursuant to part II, Subpart D of the Executive Order. In addition, the.Subrecipient agrees that"if!it fails_or refuses to comply with" these undertakings, HUD may take any or all of the following actions: cancel, terminate,: or suspend in whole Orin part'the.grant or loan.guarantee, refrain from extending anyfurther•assistance to the Subrecipient.undertpe program: with respect to which failure..orrefusal occurred until satisfactory assurance of future compliance has been received from such Subrecipient; and,render the case•to the bepartmenf of Justice.for appropriate legal proceedings. 15. INDEMNIFICATION. Subrecipient agrees to protect, defe-nd,,indemnify and save harmless the'County from and agaiipst any and all.liabiiity, damages,.claims suifs,.,liens and judgments of whatever nature including, but not-limited to claims for contributions and/or indemnification for injuries to or death of any person or,pemons„caused`by, in connectii n-with°or arising out of=any activities undertaken pursuani.to this Agreement. Subrecipient's obligation to protect, defend, indemnify and`save harmless.as'set forth in this.paragraph, shall inciude any and all attorney's fees incurred by the County' in the defense and/or handling of said suits, demands, judgments, hens,.claims and the like and all attorney's fees and! investigation: expenses' incurred by County in enforcing-and/or obtaining,compliance with;the_provisions of this paragraph. Subrecipient further agrees-to protect, defend, indemnify and save harmless the County from any claims'against or liability for compensation under the Workmen's Compensation Act arising out of injuries sustained by any employees of Su_ brecipient or of anyiicensees, Contractors orSubcontractors of Subrecipient. Subrecipient will reirnburse the County for any judgments that may be obtained against the County resulting from,the.:wcrk hereunder. or the,use.of,any work producf of the Subrecipient including judgments for infringement of patent or copyright rights. `Subrecipient-agrees to defend against any such,claims'if legal actions"of called upon by the. County to do:so., 16. TERMINATION FOR CAUSE:'The County,may terminate this Agreement,and such additlonal:supplemental-agreements hereafter executed„in whole or,in'part, and may recover any,CDBG funds of its discretion if'the; Suprecipient- A. Violates any provision of this Agreement; 8. Violates any provision of the Housing and Community Development Acts.of 1974 and 1977,: as amended' C. Violates any applicable, regulations or terms and cond'ifions+of'approval of the applications which the Secretary of -HUD has issued or shall. subsequehtlyissue during the period of this Agreement; or D. Fails to complete the project in a timely manner. Not withstanding the above, the,Subrecipient shall not?be:'relieved of liability to the County, for damage sustained by the County by virtue of any breach of the Contract.bythe Subrecipient and the County may withhold.any payments to the'Subrecipient for this purpose until,such time as the ekacbamount,of damages due the County from the Subrecipient is determined as complete liquidated damagesfor,the termination of this Contract. 17. TERMINATION FOR CONVENIENCE? The County may also terminate this Agreement and-such,additional supplemental.agreements.hereafter executed, in.whole or in part, by giving the Subrecipient thirty (30) days written notice_ in.the, event'that the Secretary of HUD: A. Withdraws funds allocated to the County under its?applicationfor_program activities that substantially prevent performance of the County's CDBG program; B. Terminates;the-County's funding:allocation pursuant.to an Act of Congress; or C. Fails to approve a grant application filed by the County. The>Subrecipient may terminate this Agreement after holding a public hearing (subject to proper notification of'their citizens and the media) and obtaining citizen input into dropping an approved project under tnis•Agreement, 18. REVERSION OF ASSETS: Upon expiration or termination of;this,Agreement, the Subrecipient shall transfer to the County.any unspent excess CDBG-funds. 19. F-QuAL OPPORTUNITY: The Subrecipient agrees;to comply with; A. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and'the HUD regulations under.24,C_FR,Part 1 that no'person.in'the United States shall, on the grounds of race, color, or national origin, be otherwise subjected to discrimination under any program or activity receiving federal financial assistance byway of grant,, loan, or contract and will immediately take,anymeasures necessary;to effectuate this Agreemerit.,'lf any real property or structure thereof is provided or improved with the.aid of federal.financial assistance extended'to the. Subrecipient„ this assurance shall obli gate the Subrecipient, or in the case of any transfer of such property or structure is used fora purpose of Which the federal financiahassistance is extended or for. another purpose involving<the provision of'similar services or benefits: B. Title_Vill of the Civil Rights Actof.'1968 (P.L. 90-284), amended by the Housing and Community Development Acts of 1974 and 1977, and`the' Fair Housing Amendment Act of 1988 will administer all program and activities relating to housing and community development in a manner to a ffirmatively,furiher fair housing throughout the United:States. C. Section 109 of;the-Housing and Community Develop ment.Acts of 1974rand 1977, as amended,,and'in conformance with all requirements imposed by or pursuantto the regulations of HUD (24CFR part 570.601,).issued, pursuant .to thatSection;:and in accordance with equal opportunity obligations of that ,Section, no personinfhe United States shall, on the grounds of race, color, national origin or sex,;be excluded from participation in, be=denied,the benefits of, be•subjected to discrimination under, any program or activity,funded.in,whole or in part with the community development funds. 0. Executive Order 11063 on equal opportunity in'housing and related facilities, owned or operated by the Federal Government or,provided with federal assistance. E. Executive Order 11246, as amended„requiring nondiscrimination and affirmative action to assure nondiscriminatiomin employment by government contractors and subcontractors and under` federally assisted,constructiori contractors. F. Section 8 ofthe Housing and Urban. Development'Act of 1968,.(1`2 USC 1701 u) as amended, the HUD regulations issued pursuant,fhereto (24?CFR Part 135) as follows: 1.) Compliance: The work to be performed under this,contract isa project assisted under a program provid'ing' CDBG.Brancial assistance from HUD and is subject to the requirements.of Section 3,of'the.Housing and Urban DevelopmentActof'1968, as,amended, (12 U.S.C; 1701 u). Section3 requires that to the. greatest extend feasible opportunifiesfor (raining and employment be given to low- and.very low-income residents of the project area and contracts for work in connection with the project be.awarded to businessoconcems that provide economic opportunities?forlow-"and.very low-income persons residing in the metropolitan area,in which the project is located. 2.) Further-Training Opportunities: Tne;.Subrecipienf further agrees to ensure that opportunities for trainingand employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction' project are given to low= and very low=income. persons residing within-the metropolitan area in which the CDBG-funded,project is located;, where feasible, priority should be"given to.idw-,and Jery'low-income persons within the service area of the project orthe neighborhood, in which the projecf;is'located; andto low- and very low=income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabiiitation,(including" reducion and abatement: of lead- based paint hazards),.housing=nstruction, or other public construction project are given to business concerns that provide economic opportunities forlow- and veryiow=income persons residing withinthe.metropolitah area in which the CDBG funded project is located; where feasible, priorityIshould be.given 'to business concems,which provide economic opportunities to low- and'very tow-income residents within the service area or the neighborhood in which the"project is located, and to low- I and very low- income participants in other HUD programs. 3.) Notifications: The Sub recipient agrees to 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 said iabororganization or, workers representative ofits commitments under this Section 3 clause and shall post copies of the,notlce'in conspicuous places available,to employees and applicants foremployment or training. 4.) Subcontracts: The Sub recipient will take appropriate action pursuant to the subcontract upon a finding that the, subcontractor is in violation of regulations issued bythe grantoragency., The Subrecipieht will not subcontract with any`entht' where it'has notic6i4 knoWiedge That the latter has been found in violation.of regulations under-24 CFR 1,35 and will not let any subcontract unfess°the'.entityhas first provided them with a preliminary statement of ability to comply withPthe requirements of"these'regulatiorns. 5;) Other Compliance: The Subrecipient further agrees to comply with all the .uniform administrative requirernents as described.in 24 CFR Section 35.38. 20. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS: The Subrecipient agrees to comply with.the provisions of,the National Environmental Policy Act of 1969 insofaras the provisions of such Act apply to activities set forth in Attachment I -+Statement:of Work. The County agrees to assume responsibility forpreparing Environmental Assessments and Environmental Impact Statements as required. 21. COMPLIANCE WiTH.FLOOD DISASTER PROTECTION AGT;'T.,his Agreement is.subject to the requirements of the Flood Prolection.Act of .1973 (RL. 93-234). No portion of the assistance provided under this Agreementis approved for acquisition.of construction purposes as defined under.Section 3(a) of said Act, for use in. an are identified by the Secretary as having special flood'hazards which is located in a°community not then in compliance with the requirements for participation in the national flood insurance program pursuantjo Section 201 (d) of said Act, and the use,of any assistance provided under•thisAgreement,for such acquisition or construction ,in;such, ideritified,areas in communities` then participating,inthe national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of `Section 102'(a) of said Act, 22. HATCH ACT: The?Subrecipient agrees that no, funds provided, nor-personnel employed undertthis contract, shall be any way or to anyextent engaged in the conduct,of political activities in.violation of 'Chapter 15 of Title VUhited States Code. 23. CONFLICT OF INTEREST', The Subrecipient agrees to abide by'the provisions.of 24 CFR 570'.611 with respect to copflicts ofinterest, and covenants that it presently has no financial'interestand shall not:acquire any financial interest, direct-or indirect, `which would conflict,in,apy manner or degree with the performance of servicesrequired under thiis,Agreement., The Subrecipient further covenants that in the performance of this Agreement! no. person having such a.financial interest shall be employed,or retained by the=Subrecipient hereunder: These conflict of interest provisions apply,torany person who is-an employee,,agent,,consultant, officer, or elected official or` appointed `official of the Grantee, or of any designated' publicageneies or Subrecipient that are receiving funds under 't'he-CDBG Entitlement program. 24. LOBBYING: The Subrecipient hereby certifies that, A. No federal appropriated funds have been paid or will be paid, by oron behalf of it, to any'person for influencing orattempting to influence an,officer'or employee of any agency„a Member of Congress„an officer or employee of Congress, or,an employee of °a member of Congress.in connection with the awarding of'any federal' contract,.the making of any federal grant; the making of any federal loan, the entering into of,any cooperative agreement, and the extension, continuation, renewal, `amendment, or modification of_anyfederal contract, grant, loan, or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any-person for'infiuencing or attempting to influence an-officer or employee of ary agency, a member of Congress,,.an-officer or employee of Congress, or an employee of,a member of Congress°in connection with this federal contract, grant, loan; or cooperative agreement, it will complete and"submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with. its instructions; C. It will require that the.language of paragraph (d)..of this, certification be included in the award, documents for all awards:atall tiers (including subcontracts, subgrants, and contracts' under grants; loans; and cooperative agreements) and that all Subrecipients shall certify;and,Aisclose:accordingly, and D. Lobbying Certification..- (Paragraph d) This certification is,a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this ;certification is a: prerequisite.for making or entering into„this transaction imposed bysection 1;352, Title 31, U'S_ Code. Any`pe son who fails to filethe,required certification shall be subject to a;civil penalty of not.less than $10,000 and-not more than $100,000 for each such failure, 25. RELIGIOUS ORGANIZATION: The Subrecipient agrees that funds provided under this contract` will:not'be.utitized for religious activities, to promote- religious interests, or for the_benefit of'a.religious organization' in accordance with the federal regulations,specified in 24 CFR 570 2000), 26. ACQUISITION/RELOCATIONS: If projects involve the acquisition of real property, they are subject.tb the Uniform Relocation Assistance: and Real Property Acquisition Policies Act (PL 91-646) and applicable HUD.,regulations (24 CFR Part 42) to or for families, individuals; partnerships„corporations;or associations' displaced as(a,hssult of any acquisition of real. property !bran activity assisted under the Dousing and Community Development program. Affected.persons.shall he informed d-the policies and procedures of.the relocation program. If projects involve the sate, lease or other transfer of land acquired, cleared or improved with assistance, provided under.the County's CDBG program, they are subject to a covenant running with the land'to be inserted in'the_deed or lease for such transfer, prohibiting.discrimination upon the basis of race, color,.relig on, sex or national origin, in •thesale, lease or rental, or in the use of occupancy ofsuch land or any improvements erected or'to be erected thereon, and provided that the Sub recipient; Hamiltoh County and the-U.S. are beneficiaries of and entitled to enforce?such.covenant. government: A. The Sub recipient will notify the-County as soon as-it-knows of any modifications or changes in the use oflhe."real property from that,planned: at the;time of acquisition or, improvement including disposition;, B': The Subrecipient will be required to reimburse the County in the full amount equal to the current fair market value (less any portion, thereof' att`ributable4o expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a.use'which does not qualify under the.GDBG regulations. 27. AMENDMENTS: T.he.Grantee or Sub-recipient:mayamend this Agreement' at'any time provided that such amendments,makespecific reference to this Agreement and=are executed in writing, signed, by a duly,authoriied representative of each organization, and approved by the Grantee's governing body.'Such'amendments shall not, invalidate.this Agreement, nor relieve or release the Grantee or Sub-recipient.from its obligationsunder this Agreement. Amendments or'changes orders increasing total costs may or may not receive additional CDBGfunds based upon availability. 9 The Grantee..may, in its discretion, amend-this Agreement to conform with Federal, state or local governmental guidelines; policies and available funding,amounts, or for other reasons If-such , amendmentsresult ;in achange in the funding, the scope of'services, or schedule of, the:activities,to be undertaken as part,oFthis Agreement,-such modifications will be incorporated only by written amendment signed`by'both Grantee and Sub- recipient- 28. NOTICES Notices required by, this Agreement shall be in writing and delivered via' mail (postage prepaid)', commercial courier, or personal delivery or sent by facsimile or other:electronic means. Any notice delivered on sentas,aforesaid shall be effective on-the.date of delivery or sending. All notices: and other written communications under this,Agreerneint shall be addressed to the individuals, in the capacities indicated bell ©w, unless otherwise modified by subsequent written notice.. Communication and details, concerning this contract.sliall be directed to the following contract representatives: Grantee' Mark'McConaghy, CDBG Coordinator Hamilton County`CDBG Program Noblesville Housing Authority 320 Kings, Lane Phone: 317-7,73-5110 Fax'. "31,7-774-0079 Sbb-recipient Mike McBride, City Engineer City of Carmel One Civic Squarer Carmel, IN 46032 Phone: 317-571-2241 Fax:-317-571-2439 29. AGREEMENT: If any provision of this Agreement is held invalid, the remainder-of the Agreement shall not be affected thereby and all other parts of this agreement.shall nevertheless be in full force and effect, This'agreement between the County and the Sub.recipient,forthe Hamiiton. County CDBG-p%am is designated as project number HCCDBG-07.7 and will be in effect upon signing,. The•Subrecipient;further agrees to comply with all program requirements of 24 CFR Part 570 subpart'K that are not herein befo're' addressed, 10 ALL OF WHICH IS:RESOLVED by the Board of Commissioners of Hamilton Countyon this 22nd day of September, 2008. BOARD 07e ONER OF HAMILTON COUNTY C ris Altman Steven C.. Dillinger (2 ') y ven N'' IT, Ste ATTEST: A Rohn M.'Mills, Aidit©r IN WITNESS WEREOF, the parties hereto have made and:executed'th s Agreement as,follows: CITY OF"CARMEL, INDIANA by and through its Board•of Public Works and Safety BY: James Brainard, Presiding Officer Date: ATTACHMENT I - WORK PROGRAM City of Carmel West Main Street Sidewalk [HCCDBG-07-7] Project Description: The project involves the construction of approximately 1,800 feet of new concrete sidepath, ranging from 6' to 8' wide on Main Street and Guilford Road in Carmel. Work includes some tree removal or trimming, 850' of new storm sewers, curb and gutter, culvert extensions, replacement of private drives with concrete, miscellaneous curb and ramp work, rough and finish grading and, sodding. Maintenance of traffic and other incidental work is also included. Project Area: The project area is a target area bordered by Third Avenue on the east continuing to Guilford road on the west and continuing up Guilford road to Old Meridian on the north. Project Schedule: Preliminary Engineering ..........................Completed Final Engineering ...................................Completed Bidding ...................................................09/08 Construction Completed .........................06/30/09 Final Payment ........................................07/31/09 Program Change: Changes orders increasing the cost or scope of the contract will receive Hamilton County participation only to those limits as described in Section 27 of this document. Participation by the county will not exceed the grant amount as described in Section 5(a) of this agreement. 12 ATTACHMENT II - WORK PROGRAM BUDGET City of Carmel West Main Street Sidewalk [HCCDBG-07-7] A total of $220,359 was approved for City of Carmel West Main Street Sidewalks in Hamilton County's CDBG program for fiscal year 2007 including funding from FY06. All architecture and engineering/inspection costs are the responsibility of the local community. This grant covers construction costs only. The selected contractor's bid shows the total construction costs to be $ 361,160. Based on this bid, CDBG funds will cover 61 % of the actual construction cost. Upon completion of the project any unused funds will be returned to the County's CDBG program for future CDBG eligible projects in the city of Carmel. Contractor: Yardberry Landscape Company Estimated Construction costs': Hamilton County CDBG Funds. Base Bid:' $ 220,359 61% Total Construction Cost $ 361,160 100% Subrecipient, Local Match* $ 140,801 39% *Subrecipient also responsible for all soft costs; associated with project 13