HomeMy WebLinkAboutCommunity Develpmt Block Grant/Auman Newark Improvements FUNDING AGREEMENT
GRANT NO: HCCDBG -10 -7
City of Camel
Auman and Newark Neighborhood Improvements -Phase II
FY2010 CDBG
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 2010 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:
1. 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 nt-of WiQk Pjz o AM
-Wefk, which is attached hereto and made a part hereof as if fully rewritten. Changes to /4
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. 4 0
1
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.
7. 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.
3
E. Disbarred Contractors: The Subrecipient further agrees that it will refrain from
entering into any contract or contract modifications with a Contractor disbarred
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 for violations 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 or in part the grant or loan guarantee, refrain from extending
any further assistance to the Subrecipient under the program with respect to which
failure or refusal occurred until satisfactory assurance of future compliance has
been received from such Subrecipient; and render the case to the Department of
Justice for appropriate legal proceedings.
15. INDEMNIFICATION: Subrecipient agrees to protect, defend, indemnify and save
harmless the County from and against any and all liability, damages, claims, suits, 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 persons, caused by, in
connection with or arising out of any activities undertaken pursuant to this Agreement.
Subrecipient's obligation to protect, defend, indemnify and save harmless as set forth in
this paragraph, shall include any and all attorney's fees incurred by the County, in the
defense and /or handling of said suits, demands, judgments, liens, 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 Subrecipient or of any licensees,
Contractors or Subcontractors of Subrecipient.
Subrecipient will reimburse the County for any judgments that may be obtained against
the County resulting from the work hereunder or the use of any work product 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
additional supplemental agreements hereafter executed, in whole or in part, and may
recover any CDBG funds at its discretion if the Subrecipient:
A. Violates any provision of this Agreement;
B. Violates any provision of the Housing and Community
Development Acts of 1974 and 1977, as amended;
C. Violates any applicable regulations or terms and
conditions of approval of the applications which the
Secretary of HUD has issued or shall subsequently issue
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
5
D. 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 nondiscrimination in employment by government contractors and
subcontractors and under federally assisted construction contractors.
F. Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701 u)
as amended, the HUD regulations issued pursuant thereto (24 CFR Part 135) as
follows:
1.) Compliance: The work to be performed under this contract is a project
assisted under a program providing CDBG financial assistance from HUD
and 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
requires that to the greatest extend feasible opportunities for training 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
business concerns that provide economic opportunities for low- and very
low- income persons residing in the metropolitan area in which the project is
located.
2.) Further Training Opportunities: The Subrecipient further agrees to ensure
that opportunities for training and 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 low- and very low- income persons
within the service area of the project or the neighborhood in which the
project is located, and to low- and very low- income participants in other
HUD programs; and award contracts for work undertaken 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 business concerns that provide economic opportunities
for 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 business concerns which provide economic opportunities to
low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- 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
labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
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 by the grantor agency. The Subrecipient will not
7
any 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 at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all Subrecipients shall certify and disclose 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
by section 1352, Title 31, U.S. Code. Any person who fails to file the 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 utilized 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 570.200(j).
26. ACQUISITION /RELOCATIONS: If projects involve the acquisition of real property, they
are subject to 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 result of any
acquisition of real property for an activity assisted under the Housing and Community
Development program. Affected persons shall be informed of the policies and
procedures of the relocation program.
If projects involve the sale, 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, religion, sex or national
origin, in the sale, lease or rental, or in the use of occupancy of such land or any
improvements erected or to be erected thereon, and provided that the Sub recipient,
Hamilton County and the U.S. are beneficiaries of and entitled to enforce such covenant.
The following standards shall apply to real property acquired or improved in whole or in
part using CDBG funds that is within the control of a participating unit of local
government:
A. The Sub recipient will notify the County as soon as it knows of any modifications or
changes in the use of the 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 attributable to
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 CDBG
regulations.
9
ALL OF WHICH IS RESOLVED by the Board of Commission rs of Hamilton County on this dG 1. 4
day of. e 0M 5 PT &1-1 r3,0 A0 I 1 44
BOARD OF COMMISSIONERS •F HAMILTON COUNTY
Awe:N._
st ne' tman
i ......"0. 4,,
Steven C. Dillinger ItA
Q UANA—. a 4
Steven A. Holt
ATTEST:
ec
Dawn Coverdale, Auditor
IN WITNESS WEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
I La
James Brainar Presiding Officer
Date:
(S 1,c)8
rry A n Burke Memb
Date: /0
Y
Lori 8. :t-on, Member
Date: /°/S-1/1
ATTE Sandra M. Johnson
iv OF Deputy Clerk for
Ji ana L. Cordray, IAM Clerk- Treasurer
Date: /o- i -7/
11
ATTACHMENT II WORK PROGRAM BUDGET
City of Carmel
Auman and Newark Neighborhood Improvements -Phase II
[HCCDBGR -10 -7]
A total of $217,996 was approved for City of Carmel Auman and Newark Neighborhood
Improvements -Phase II in Hamilton County's CDBG program for fiscal year 2010.
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 595,898.80. Based
on this bid, CDBG funds will cover 36.6% 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:
Hunt Paving Company, Inc.
Estimated Construction costs':
Hamilton County CDBG Funds
Base Bid: 217,996 36.6%
Total Construction Cost 595,898.80 100%
Subrecipient, Local Match* 377,902.80 63.4%
Subrecipient also responsible for all soft costs associated with project
13