D-1999-10 Interlocal Between City/Hamilton County/Community Development Block Grant - $162,000ORDINANCE D- 1999 -10
Sponsor: Councilor Seidensticker
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA.
APPROVING AND ADOPTING AN INTERLOCAL AGREEMENT
WHEREAS, Indiana Code Chapter 36 -1 -7 authorizes cooperative endeavors between
governmental entities so as to better and more economically and efficiently serve the public,
safety and welfare; and
WHEREAS, Indiana Code Section 36 -1 -7 -2 authorizes the Common Council of the City
of Carmel, Indiana (the "Common Council to approve such interlocal agreements entered into
by the City of Carmel, Indiana (the "City'); and
WHEREAS, the interlocal agreement entered into by and between the City and Hamilton
County, Indiana, pertaining to a Community Development Block Grant for certain community
development activities, a copy of which agreement is attached hereto and incorporated herein as
Exhibit A (the "Interlocal Agreement is in the best interests of the City and its residents;
NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Common Council
of the City of Carmel, Indiana, that:
Section One: The foregoing Recitals are incorporated herein by this reference.
Section Two: The Interlocal Agreement should be and is hereby approved and adopted
by the Common Council.
Section Three: The Clerk Treasurer is herby 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 Four: 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 i ctj day of
2010, by a vote of 7 ayes and d nays.
Page One of Two Pages
Prepared by Douglas C Haney, Cannel City Attorney.
Richard L. Sharp, Pres
ATTE
Ordinance D- 1999 -01
Page Two of Two Pages
Prepared by Douglas C Haney, Cannel City Attorney.
COMMON COUNCIL FOR THE CITY OF CARMEL
Diana L. Cordray, IAMC, Clerk -Tr: s trer
Diana L. Cordray, IAMC, Cler Treasurer
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mes Brainard, Mayor
Sponsor: Councilor Seidensticker
evin D. Rider
W. Eric et
nsticker
Presented by me to the Mayor of the City of Carmel, Indiana this (q day of
2010, at (o 41 P.M.
Diana L. Cordray, IAMC, Clerk -Tre jhrer
Approved by me, Mayor of the City of Carmel, Indiana, this l day of
2010, at (,c". tit f .M.
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required
by law:
FUNDING AGREEMENT APPROVED
FO BY:
GRANT NO: HCCDBGR -09 -7
City of Camel
Auman and Newark Neighborhood Improvements -Phase I
FY2009 CDBG -R
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 1 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 through the
special allocation of CDBG funds included in the American Recovery and Reinvestment Act of
2009 signed into law by President Obama in February of 2009 (CDBG -R); 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 2009 CDBG -R 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 -R 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 -R 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! Work Program, may be requested from time to time by either the
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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 -R 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 June 28, 2010
through December 31, 2010. 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 January 31, 2011. 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 -R Grant: The County shall allocate funding from the following funding
sources: (1). FY09 CDBG -R entitlement in the amount of One Hundred and
Sixty two Thousand Four Hundred and Ninety two Dollars ($162,492) only for
the payment of eligible project construction expenditures incurred by the
Subrecipient carrying out the FY2009 Auman and Newark Neighborhood
Improvements „Phase 1. Any funding not utilized for the current project will be
held for future projects assuming that the CDBG program receives future funding.
B. Local Match: Based on the selected contractor's bid of One Hundred Sixty
Two Thousand ($162,000), the Sub recipient shall allocate in local matching funds $0
for additional costs associated with the project.
C. Conditions:
1) Easements must be identified and obtained prior to award of a
construction contract.
2) Special CDBG -R conditions
The Grantee (contractor) shall comply with reporting requirements
established by HUD and OMB (including all revisions to such reporting
requirements).
Section 1605 Buy America The Recovery Act imposes a Buy American
requirement on the funding provided thereunder. Specifically, section
1605 (the Buy American requirement) of the Recovery Act states that:
(a) None of the funds appropriated or otherwise made available by
this Act may be used for a project for the construction, alteration,
maintenance, or repair of a public building or public work unless all of the
iron, steel, and manufactured goods used in the project are produced in
the United States.
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Section 1512 FederalReporting.gov The contractor shall provide to the
City an estimate of the number of new positions created and filed,
positions retained, or previously existing unfilled positions that are filled or
retained as a result of this contract. The estimated number shall be
expressed as full -time equivalent (FTE), calculated cumulatively as all
hours worked divided by the total number of hours in a full -time schedule.
The contractor shall update the information regarding jobs creation and
retention on a quarterly basis, and shall provide each updated report to the
City no later than 3 business days after the end of the quarter. (First
reporting period will be 10/1/09 12/31109.)
D. Excess Funds: Excess funds from completed projects shall be returned to the
County.
6. 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.
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
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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 next Single Audit governing the period of this Agreement must be
submitted to the Noblesville Housing Authority for review.
12. BIDDING /BONDING: Subrecipient agrees to comply with 24 CFR Part 85, the "Common
Rule,
A. Minority Business Entrepreneurship: The Subrecipient hereby agrees to assist
Hamilton County in increasing its Minority Business Entrepreneurship participation.
Accordingly, affirmative steps should be taken to assure that small and minority
businesses are utilized when possible as sources of supplies, equipment,
construction, and services.
B. Professional Services: In the procurement of construction engineering,
architectural and consulting services, Subrecipients are financially responsible for
the contracting of professional services.
13. SUBCONTRACTING: The services 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
Subrecipient provisions of this Agreement.
14. DAVIS- BACON:
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A. Department of Labor Regulations: If projects involve construction or completion of
any building (except rehabilitation of residential property for fewer than eight (8)
families and for contracts under $2,000.00, they are subject to HUD requirements
pertaining to such contracts and the applicable Department of Labor
regulations(29 CFR, parts 3, 5 and 5a).
In addition, the Subrecipient shall make no award to any contractor 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 and 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 Tess than
the locally Federal Prevailing wage and fringe benefits 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 Safety Standards
Acts, P.L. 87 -581, (40 USC 327 -333).
D. Anti Kickback Act: All contracts for construction and repair shall include a provision
mandating compliance with 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
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.
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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
for damage sustained by the County by virtue of any breach of the Contract by the
Subrecipient and the County may withhold any payments to the Subrecipient for this
purpose until such time as the exact amount of damages due the County from the
Subrecipient is determined as complete liquidated damages for 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 application for 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 this 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. EQUAL OPPORTUNITY:
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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 CFR 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 by way of grant, loan, or
contract and will immediately take any measures necessary to effectuate this
Agreement. If any real property or structure thereof is provided or improved with
the aid of federal financial assistance extended to the Subrecipient, this assurance
shall obligate the Subrecipient, or in the case of any transfer of such property or
structure is used for a purpose of which the federal financial assistance is
extended or for another purpose involving the provision of similar services or
benefits.
Title VIII of the Civil Rights Act of 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 affirmatively further fair
housing throughout the United States.
C. Section 109 of the Housing and Community Development Acts of 1974 and 1977,
as amended, and in conformance with all requirements imposed by or pursuant to
the regulations of HUD (24CFR part 570.601) issued pursuant to that Section; and
in accordance with equal opportunity obligations of that Section, no person in the
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.
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.
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.G. 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
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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
subcontract with any entity where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR 135 and will not let
any subcontract unless the entity has first provided them with a preliminary
statement of ability to comply with the requirements of these regulations.
5.) Other Compliance: The Subrecipient further agrees to comply with all the
uniform administrative requirements 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 insofar as the
provisions of such Act apply to activities set forth in Attachment I Statement of Work.
The County agrees to assume responsibility for preparing Environmental Assessments
and Environmental Impact Statements as required.
21. COMPLIANCE WITH FLOOD DISASTER PROTECTION ACT: This Agreement is subject
to the requirements of the Flood Protection Act of 1973 (P.L. 93 -234). No portion of the
assistance provided under this Agreement is 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 pursuant to Section 201 (d) of said Act; and the use of any assistance provided
under this Agreement for such acquisition or construction in such identified areas in
communities then participating in the national flood insurance program shall be subject
to the mandatory purchase of flood insurance requirements of Section 102 (a) of said
Act.
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22. HATCH ACT: The Subrecipient agrees that no funds provided, nor personnel employed
under this contract, shall be any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V United States Code.
23. CONFLICT OF INTEREST: The Subrecipient agrees to abide by the provisions of 24
CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no
financial interest and shall not acquire any financial interest, direct, or indirect, which
would conflict in any manner or degree with the performance of services required under
this 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 to any person
who is an employee, agent, consultant, officer, or elected official or appointed official of
the Grantee, or of any designated public agencies or Subrecipient that are receiving
funds under the CDBG Entitlement program.
24. LOBBYING: The Subrecipient hereby certifies that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of
it, to any person for influencing or attempting 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 any federal 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 influencing or attempting 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 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
9
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.
27. AMENDMENTS: The Grantee or Sub- recipient may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized 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 obligations under
this Agreement. Amendments or changes orders increasing total costs may or may not
receive additional CDBG funds based upon availability.
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 amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this 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 or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Grantee Sub- recipient
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Mark McConaghy, CDBG Coordinator
Hamilton County CDBG Program
Noblesville Housing Authority
320 Kings Lane
Phone: 317- 773 -5110
Fax: 317- 774 -0079
Mike McBride, City Engineer
City of Carmel
One Civic Square
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 for the Hamilton County CDBG program is designated as project number
HCCDBGR -09 -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
before addressed.
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ALL OF WHICH IS RESOLVED by the Board of Commissioners of Hamilton County on this 28
day of June, 2010.
BOARD OF COMMISSIONERS OF HAMILTON COUNTY
ATTEST:
Christine Altman
Steven C. Dillinger
Steven A. Holt
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:
mes Brainard, Presiding Offic
Date:
Lori S. Wat
Date:
ATTE T:
Marlryy A7 Burke, Member
Date: 7 7 1
Diana L. CordrA IAM Clerk- Treasurer
Date: 7 7 r D
Sandra M. Johan*
Deputy Clerk for
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Project Schedule:
Program Change:
ATTACHMENT I WORK PROGRAM
City of Carmel
Auman and Newark Neighborhood Improvements -Phase I
[HCCDBGR -09 -7]
Project Description:
A sidewalk will be installed along the south side of 126 St between Oswego Rd and the
Mohawk Apartments and along the east side of Oswego Rd from 126 St to Ute Dr. The
Oswego portion will also include drainage improvements. This project will allow for a full
network of sidewalks along 126 St and provide a safe walking and bicycling environment
as well as improve a much needed drainage issue within the neighborhood. The project will
serve residents of Block. Group 1110.55 -2 with 2,331 households of which 34.4% are low and
moderate income.
Project Area:
The project area is a target area bordered by 126thStreet on the North, Mohawk Apartments on
the east, Rangeline Road on the West and a business development and commercial area to the
south on the north side of Carmel Drive.
Preliminary Engineering Completed
Final Engineering Completed
Bidding .05110
Construction Completed 12/31/10
Final Payment 01/31/11
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.
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A total of $220,359 was approved for City of Carmel Auman and Newark Neighborhood
Improvements -Phase I in Hamilton County's CDBG program for fiscal year 2009.
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 162,000. Based on
this bid, CDBG funds will cover 100% 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:
Calumet Civil Contractors, Inc.
Estimated Construction costs':
City of Carmel
Auman and Newark Neighborhood Improvements -Phase I
Hamilton County CDBG Funds
Base Bid:
Total Construction. Cost
Subrecipient, Local Match*
ATTACHMENT II WORK PROGRAM BUDGET
[HCCDBGR -09 -71
*Subrecipient also responsible for all soft costs associated with project
14
162,000 100%
162,000 100%
0 0%