HomeMy Public PortalAbout126-2017 - Neighborhood Clearinghouse - Program Partner Agreement - Bilight EliminationINDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY
BLIGHT ELIMINATION PROGRAM ("BEP")
RECIPIENT & PROGRAM PARTNER AGREEMENT
AWARD NO. 2017D4—BEP-303
THIS INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY BLIGHT
ELIMINATION P R O G R A M ( `BEP") RECIPIENT and PROGRAM PARTNER AGREEMENT (the
"Agreement") is made and entered into as of the day of , 2017 (the "Effective Date") by and between the
Indiana Housing and Community Development Authority ("MCDA" or the "Authority"), a public body corporate
and politic of the State of Indiana (the "State"), the City of Richmond (the "Recipient"), and
Neighborhood Services Clearinghouse ("Program Partner").
In consideration of the following mutual undertakings and covenants the parties agree as follows:
Purpose. The purpose of this Agreement is to enable IHCDA to award to Recipient an allocation of
Division Six BEP funding ("D6 BEP Funds" or "Funds"). The purpose of the award is to allow Recipient
in conjunction with its designated Program Partner, to acquire and demolish blighted residential structures
and facilitate an end use of the newly vacant residential lots. The Recipient has been allocated an award of
Two Hundred Fifty Four Thousand Dollars and 00/100 Dollars ($254,000.00) (the "Award") as of
January 27, 2017 (the "Award Date") .for use by the Recipient pursuant to its BEP application, submitted to
IHCDA on December 15, 2016 as approved and/or modified by IHCDA (the "Application"), which is
hereby incorporated by reference . in its entirety. The Award shall be used exclusively by the Recipient in
conjunction with its Program Partner in accordance with the Application, this Agreement, BEP notices
issued by IHCDA's Asset Preservation Department ("Notices") and applicable provisions of Indiana and
Federal law, which establish the authority to make this Award, and any rules promulgated thereunder.
2. Award. IHCDA hereby awards to the Recipient the Award for use by the Recipient and its designated
Program Partner pursuant to Recipient's Application, the terms of this Agreement, and any and all Notices.
The Recipient detailed in its Application geographic target areas where eligible blighted residential
structures are located. The Funds may only be used to acquire and demolish such blighted residential
structures and facilitate the end use of the newly vacant residential lots as detailed in the Application. The
Recipient and its designated Program Partner shall facilitate the acquisition and demolition of approved
residential structures and facilitate the designated end -use of the subject Project properties. The activities of
the Recipient in conjunction with its Program Partners described in the Application to acquire and demolish
qualifying blighted residential structures and facilitate the end use of the lots shall be known as (the
"Project").
The Recipient hereby accepts the Award and agrees to complete the Project in accordance with the
Application, this Agreement, and all BEP Notices within twenty-four (24) months of the Award Date.
Amendments to the Application and Project resulting from Project negotiations, modifications or
corrections to meet statutory and regulatory requirements, or to substitute or change qualifying residential
structures shall be made on thi Waiver form designated by IHCDA. In addition to the foregoing, the
Recipient shall complete the Project in accordance with the schedule of milestones set forth in the Budgeting
and Reporting Guide ("BRG") attached hereto and incorporated herein as "Exhibit A'. The Recipient
and Program Partner shall submit a completed Exhibit A to IHCDA with this executed Agreement.
3. Changes to the Proiect.
(a) Program Partners: The Project was approved, in part, based upon the Program Partner included in
the Recipient's Application, and any change of the party who will serve as the Program Partner
shall be approved by IHCDA upon application by the Recipient. The use of an unapproved
program partner is considered a material breach of this Agreement.
Contract No. 126-2017
(b) Approved Properties: Recipient submitted to IHCDA a designated list of properties with
residential structures with its Application. Any request to remove or substitute a property or
residential structure from the Project must be made using the Waiver form designated by IHCDA.
IHCDA has conditionally accepted the structures submitted with the Application to be included in
the Project. Final written approval ("FWA Notice") of such properties requested by the Recipient
will be given within ten (10) business days of the BEP Hearing(s) required by BEP Notice BEP-
14-12. No structures may be demolished until the FWA Notice has been issued by IHCDA. The
demolition of any structure prior to the issuance of the FWA Notice by IHCDA is considered a
material breach of this Agreement and may result in any of the consequences set forth in Section
17(a)(i) of this Agreement.
(c) Funding Requests: Each property on the FWA Notice will be assigned to a funding Tier, more
fully described in Section .15, below. IHCDA reserves the right to alter the funding Tier of any
property. Any information that would result in the change of a property's assigned Tier must be
reported by the Recipient or Program Partner to IHCDA in writing. The Recipient and Program
Partner acknowledge that intentionally withholding information or tendering false or misleading
information concerning the funding Tier to which a property is assigned is a violation of the
Agreement.
4. Audits and Maintenance of Records.
(a) The Recipient acknowledges that it may be required to submit to an audit of funds paid through this
Agreement. Any such audit shall be conducted in accordance with IC § 5-11-1, et seq. and audit
guidelines specified by IHCDA.
(b) The Recipient shall make all books, accounting records, financial statements, tax returns, and
other related documents available at all reasonable times during the term of this Agreement and
for a period of three (3) years after final payment for inspection by the State or its authorized
designee. Copies shall be furnished to the State at no cost.
(c) If required by applicable provisions of the Office of Management and Budget Circular A-133
(Audits of States, Local Governments, and Non -Profit Organizations), following the expiration of
this Agreement, the Recipient shall arrange for a financial and compliance audit of funds provided
by IHCDA pursuant to this Agreement. Such audit is to be conducted by an independent public or
certified public accountant (or as applicable, the Indiana State Board of Accounts), and performed
in accordance with Indiana State Board of Accounts publication entitled "Uniform Compliance
Guidelines for Examination of Entities Receiving Financial Assistance from Governmental
Sources," and applicable provisions of the Office of Management and Budget Circulars A-133
(Audits of States, Local Governments, and Non -Profit Organizations). The Recipient is
responsible for ensuring that the audit and any management letters are completed and forwarded to
the State in accordance with the terms of this Agreement. Audits conducted pursuant to this
paragraph must be submitted no later than nine (9) months following the close of the Recipient's
fiscal year. The Recipient agrees to provide the Indiana State Board of Accounts and IHCDA an
original of all financial and compliance audits. The audit shall be an audit of the actual entity, or
distinct portion thereof that is the Recipient, and not of a parent, member, or subsidiary
corporation of the recipient, except to the extent such an expanded audit may be determined by the
Indiana State Board of Accounts or IHCDA to be in its the best interests. The audit shall include a
statement from the Auditor that the Auditor has reviewed this Agreement and that the Recipient is
not out of compliance with its financial aspects.
5. Representations Warranties and Covenants of Recipient. The Recipient hereby represents and warrants to
the Authority and covenants with the Authority that:
a. (1) its Application contains no false or misleading information designed to induce IHCDA to
make the Award; (2) any information contained in the Application that it finds to be false or
misleading will immediately be reported to IHCDA in writing; and (3) it will immediately report
to IHCDA in writing if the Recipient learns that any information in the Application is false or
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misleading. Recipient expressly agrees to pay back to IHCDA any portion of the Award paid to it
under this Agreement upon request by IHCDA, should it be determined it knowingly provided
false or misleading information, which was designed to induce the grant of the Award.
b. It shall timely perform or cause to be performed all tasks related to the Project.
c. It shall supervise the Program Partner throughout all aspects of the Project.
d. It shall timely do each and every act and thing that may be necessary and/or appropriate to
perform its duties and obligations under this Agreement and the Application, and in furtherance of.
the Project.
e. It shall not expend any part of the Award for purposes other than the Project or spend more of the
Award for any portion of acquisition or demolition or other capped expense than specified in the
Application or the Allowable Expense Chart, posted at 877gethope.org/blight and incorporated
herein by reference in its entirety as amended from time to time, without the prior written consent
of the Authority.
f. It shall keep and, upon request, timely submit such records and reports as may be requested from
time to time by the Authority.
g. It has not taken and will not take, and has not failed to take and will not fail to take, any action or
permit any action within its control to be taken, the result of which would cause the Project to be
compromised. It shall timely prepare all fiscal and management records required by this
Agreement, BEP Notices, the Application, and the Authority to effectively administer and/or
monitor the Project. It will maintain books, records, documents, and other evidence pertaining to
the Project and all costs and expenses incurred and revenues received under this Agreement in
sufficient detail to reflect all activities undertaken in connection with the Project and all costs for
which payment is claimed under this Agreement.
h. Except as permitted by written approval from the Authority after submission of the Waiver Form,
the Recipient will not alter its list of residential structures submitted with its Application, including
but not limited to the removal of any approved residential unit or the addition of any residential
unit to the Project.
i. Except as permitted by written approval from the Authority after submission of a Waiver Form, the
end use of any real property in the Project will not be altered from that stated in the Application.
j. It guarantees total satisfactory performance of all work contemplated by this Agreement, and it
shall take any and all action necessary including, for purposes of illustration, that which is
requested by the Authority to correct or otherwise cure any problems or deficiencies identified by
IHCDA during its monitoring and evaluation of the Project.
k. It certifies by entering into this _Agreement that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into
this Agreement by any federal or state department or agency. The term "principal" for purposes of
this Agreement is defined as an elected official, appointed official, officer, director, owner,
partner, key employee or other person with primary management or supervisory responsibilities,
or a person who has a critical influence on or substantive control over the operations of the
Agreement.
1. It has or will in a timely manner perform all acts required by all BEP Notices, including but not
limited to BEP Notice 14-12 and its mandates for the facilitation of citizen participation.
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m. It expressly represents and warrants to IHCDA that the information set forth in its Application is
true, complete and accurate. The Recipient expressly agrees to promptly 'repay all funds paid to it
under this Agreement should it be determined either that it was ineligible to receive the funds, or it
made any material misrepresentation on its application.
Representations Warranties and Covenants of the Program Partner. The Program Partner hereby
represents and warrants to the Authority and covenants with the Authority that:
a. It has reviewed the Application submitted by the Recipient and, to the knowledge of the
Program Partner, that (1) the information contained therein with regard to the Program Partner
is accurate or correct; (2) the Application contains no false or misleading information about
the Program Partner; and (3) if the Program Partner obtains information that any information
or documentation provided by the Recipient or any program or community partner designated
in the application was false or misleading, Program Partner will immediately report such
information to IHCDA in writing.
b. It acknowledges that the Recipient has expressly agreed to repay all monies paid to it under
this Agreement if it is found that Recipient provided knowingly false or misleading
information. In the event that the Recipient must repay Funds from the Award, Program
Partner acknowledges that it will have no cause of action against IHCDA for any obligations
that the Program Partner has undertaken or is obligated to undertake to facilitate the Project.
c. It shall timely perform or cause to be performed all tasks within its control related to the
Project.
d. It shall supervise all activities undertaken on real estate titled in its name throughout all
aspects of the Project.
e. It shall timely and promptly do each and every act and thing that may be necessary and/or
appropriate to perform its duties and obligations under this Agreement and the Application to
complete the Project.
f. It acknowledges that Recipient shall submit claims to draw from the Award and
acknowledges that acquisition costs and other eligible expenses are capped, as described in
Section 15 herein. The Program Partner has reviewed the Application and the Allowable
Expense Chart and acknowledges that fees and costs 'in excess of the capped amounts may not
be paid from the Award. Allocation and cost overruns will be the obligation of Recipient and
Program Partner and not the responsibility of IHCDA.
g. It shall keep and, upon request, timely submit to Recipient any and all documentation necessary
for Recipient to complete its reporting requirements under this Agreement as well as submit
to IHCDA documentation including records and reports as may be required from time to
time.
h. It has not taken and will not take, and has not failed to take and will not fail to take, any action
or permit any action within its control to be taken, the result of which would cause the Project
to be compromised. It shall timely prepare all fiscal and management records required by this
Agreement, BEP Notices, the Application Packet, and the Authority that are necessary or
appropriate to effectively administer and monitor the Project. It will properly maintain books,
records, documents, and other evidence pertaining to the Project and all costs and expenses
incurred and revenues received under this Agreement in sufficient detail to reflect all activities
undertaken in connection with the Project and all costs for which payment is claimed
under this Agreement.
i. It understands and acknowledges that the Recipient submitted a list of properties with its
Application, which has been conditionally approved for the Project. The Program Partner
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acknowledges that only the Recipient may request a modification to the properties that are a
part of the Project and included with the Application.
j. It assumes title to each and every Project property at its own risk IHCDA makes no
representation as to the quality of title of any parcel included in the BEP.
k. It will guarantee reasonable access to its Project properties for any reason upon request by
IHCDA.
It certifies by entering into this Agreement that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from entering into this Agreement by any federal or state department or agency. The term
"principal" for purposes of this Agreement is defined as an elected official, appointed official,
officer, director, owner, partner, key employee or other person with primary management or
supervisory responsibilities, or a person who has a critical influence on or substantive control
over the operations of the Agreement.
m. It expressly represents and warrants to IHCDA that the information set forth in the
Application concerning Program Partner is true, complete and accurate. This includes
information concerning which properties Program Partner will hold title to and the intended
end use of those properties. Program Partner acknowledges and understands that the Recipient
expressly agrees to promptly repay all funds paid to it under this Agreement should it be
determined either that it was ineligible to receive the funds, or it made any material
misrepresentation on its application, including any material misrepresentations made by the
Program Partner in the information it provided to the Recipient for the Application.
n. It understands and acknowledges that no demolition activity shall occur on a property owned
by the Recipient. The Program Partner shall verify that title to a Project property is vested in
the Program Partner prior to any demolition activity on any Project property.
Term of Agreement. This Agreement shall commence as of the Effective Date and shall remain in effect
through December 31, 2020 (the "Term"). However, the Recipient must expend and disperse the entire
amount of the Award within twenty-four (24) months of the Effective Date of this Agreement. All
Award funds not dispersed by such twenty-four month time period may be forfeited by the Recipient.
8. Payment Schedule. All payments will be made in arrears only. The Authority shall disburse to the
Recipient a cumulative amount not in excess of the Award upon receipt of a request for disbursement in the
form of a claim provided to IHCDA through DMS (a "Claim"). Each Claim shall include (i) all proper
materials, receipts, and approvals provided herein, together with such other documentation as the Authority
may, from time to time, request; and (ii) appropriate assurance and/or evidence satisfactory to the Authority
that the Recipient is in full and strict compliance with this Agreement. At a minimum, each Claim shall
contain the following information: address of property, uses of funds, target area, activity, approved
expense, funds budgeted and funds expended, beginning and ending dates of activities, and corresponding
invoices. All Claims submitted without necessary supporting documents will be rejected
The first Claim submitted through DMS for each Project property where Funds are not being used for
acquisition must include the following: (1) a copy of the recorded deed vesting title in the Program Partner;
(2) the fully executed Demand Note; (3) the fully executed Note; (4) the fully executed and recorded
Mortgage; (5) a copy of the property record card from the applicable County Assessor's Office showing
that the Program Partner is the property's owner of record; and (6) associated invoices. All such documents
must be part of the first Claim for reimbursement for each and every residential structure where acquisition
costs are not incurred. All Claims submitted without necessary supporting documents will be rejected.
The first Claim submitted through DMS for each property where Funds are being used for acquisition must
include the following: (1) a copy of the purchase agreement, letter of intent to sell, or sales agreement; (2) a
fully itemized statement of all expenses the Recipient seeks to recover as acquisition costs; (3) the fully
executed Demand Note; (4) the fully executed Note; and (5) associated invoices. All such documents will
be considered part of the first Claim for reimbursement for each and every residential structure where
acquisition costs will be incurred.
The second Claim submitted through DMS for each property where Funds are used for acquisition must
include the fully executed and recorded Mortgage and a copy of the property record card from the
applicable county Assessor's Office showing that the Program Partner is the owner of record.
The Recipient shall maintain one designated BEP account for Funds. Upon Claim approval, Funds will be
wired to the designated BEP account. The Recipient will be tasked with disbursing Funds to pay approved
Claims. All statutes impacting the receipt and disbursal of Funds to an account maintained by a unit of
government including a city, town or county shall apply to the Funds received and disbursed by the
Recipient.
9. Progress Reports. The Recipient shall submit progress reports to IHCDA in the form, manner, and
frequency specified by IHCDA pursuant to the BRG, as amended by IHCDA from time to time, or as
otherwise instructed by IHCDA. The progress reports shall serve the purpose of assuring IHCDA that
work is progressing in line with the proposal or schedule in the Application, and that completion can be
reasonably assured within the 24-month .timeline. The Recipient's failure to materially meet the milestones,
outputs and outcomes set forth.in the BRG shall be a breach of this Agreement, resulting in IHCDA's
recovery of all unexpended Funds from the Recipient and termination of this Agreement pursuant to Section
17 of this Agreement.
10. Compliance with Laws.
(a) Any action, review, recommendation, approval, or other activity taken by or on behalf of the
Authority does not expressly or impliedly, directly or indirectly, suggest, represent, or warrant that
the Recipient, Program Partner or the Project is in compliance with applicable statutes, rules,
regulations, applications, or other statements. Rather, the Recipient and the Program Partner
acknowledge that they are responsible for all such determinations.
(b) The Recipient and Program Partner 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.
(c) The Recipient shall carry out the Project in accordance with the conflict of interest provisions
prescribed in 24 CFR 92.356(f).
(d) The Recipient certifies by entering into this Agreement, that neither it nor its principal(s) is
presently in arrears in payment of its taxes, permit fees or other statutory, regulatory or judicially
required payments to the State. Further, the Recipient agrees that any payments in arrears and
currently due to the State may be withheld from payments due to the Recipient. Additionally,
further payments may be withheld, delayed, or denied and/or this Agreement suspended until the
Recipient is current in its payments and has submitted proof of such payment to the State and
IHCDA-
(e) The Recipient and Program Partner warrant that there are no current or outstanding criminal, civil,
or enforcement actions initiated by the State pending, and agree that IHCDA will immediately be
notified of any such actions.
(f) If a valid dispute exists as to the Recipient's and/or Program Partner's liability or guilt in any
action initiated by the State or its agencies, and the IHCDA decides to delay, withhold, or deny
funding to the Recipient, the Recipient may request that funding be continued. The Recipient
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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 IHCDA may delay, withhold, deny, or apply
under this Subsection (f) shall not be subject to penalty or interest except as permitted by IC 5-17-
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(g) The Recipient warrants that the Recipient, its Program Partner, and its subcontractors, 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
IHCDA. Failure to do so is a material breach and grounds for immediate termination of this
Agreement and denial of further payment by IHCDA.
(h) The Recipient hereby affirms that it is current and owes no outstanding reports to any division of
the state government, governmental or quasi agency or enforcement body for the State of Indiana.
(i) The Recipient and Program Partner and any principals of the Recipient and Program partner
certify that (A) it, except for de minimis and nonsystematic violations, has not violated the terms
of (i) IC 24-4.7 (Telephone Solicitation Of Consumers), (ii) IC 24-5-12 (Telephone Solicitations),
or (iii) IC 24-5-14 (Regulation of Automatic Dialing Machines) in the previous three hundred
sixty-five (365) days, even if IC 244.7 is preempted by Federal law; and (B) it will not violate the
terms of IC 244.7 for the duration of this Agreement, even if IC 24-4.7 is preempted by Federal
law.
(j) The Recipient and Program Partner and any principals of the Recipient and Program Partner
certify that an affiliate or principal of the it and any agent acting on behalf of the it or on behalf of
an affiliate or principal of the Recipient (A) except for de minimis and nonsystematic violations,
has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if
IC 24-4.7 is preempted by Federal law; and (B) will not violate the terms of IC 24-4.7 for the
duration of this Agreement, even if IC 24-4.7 is preempted by Federal law.
11. Limitations on Expenditures of Program Funds.
(a) Costs associated with the environmental review, program delivery, Application delivery, or
property acquisition may be incurred by the Recipient, at its election, prior to the Effective Date.
This authorization to incur such costs under the Award, however, does not constitute a guarantee
that such costs will be paid or reimbursed by the Authority. All costs incurred prior to the
Effective Date are incurred voluntarily, at the risk of the party incurring the cost, and upon its own
credit and expense.
(b) The Recipient acknowledges that the Award is comprised of a series of forgivable loans. The
Award is not a grant. Under certain circumstances the Recipient could be obligated to repay
Funds.
(c) The Program Partner hereby acknowledges that it will be required to execute a demand note
memorializing the loan from IHCDA to the Program Partner for each and every individual
property in the BEP. The demand note executed by the Program Partner will be modified with a
note and mortgage funded by Hardest Hit Funds. The Program Partner will execute the loan
modification documents, which will include a note and a mortgage for every property included as
part of the Project.
(d) The Program Partner hereby acknowledges that it is voluntarily undertaking the obligations
described herein including but not limited to the execution of the demand note and loan
modification documents.
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(e) The Recipient hereby acknowledges that it may not execute any loan documents related to the
BEP in its own capacity or on behalf of or in lieu of the Program Partner.
(f) No Claims for Award funds will be paid without submission of the requisite documentation as set
forth in Section 8 herein.
12.. Match Funds. There is a match requirement for the Award, which will be calculated as 10% of the amount
of the Award actually used by the.Recipient. Documentation of eligible match funds must be reported to
IHCDA, and contributions of volunteer labor and materials must be documented to be considered for
match. Supporting documentation such as receipts or comparable documentation of price of donated
materials must also be provided. Volunteer hours must be documented by actual labor hours expended per
housing activity at the usual rates of pay for skilled workers or $11 per hour for unskilled workers.
13. Program Revenue. Revenue from any salvage, recycling, or green demolition efforts, may be retained by
the Recipient provided that any such retained revenue shall be used only for activities in furtherance of the
Project and shall be subject to all of the provisions in this Agreement. The Recipient shall submit an
annual report to IHCDA detailing the source of any such revenue, if any, and its uses.
14. Ownership of Property.
(a) The Recipient acknowledges that, prior to the commencement of any demolition activities, the Program
Partner must hold title to all real property where demolition work is to occur.
(b) The Recipient acknowledges that no Claims will be paid for any demolition work done on real
property owned by a Recipient or any entity aside from the Program Partner.
(c) The Recipient shall treat all Funds entering or leaving its designated BEP account as funds subject to
all local and state regulation for monies controlled by a unit of government whether it be a city, town,
or county.
(d) All projects undertaken by Recipient should be treated as those undertaken by a unit of government in
its official capacity regardless of whether Recipient is a city, county or town.
(e) The Program Partner acknowledges that it must hold title to all real property where demolition work is
set to occur prior to the commencement of any demolition activities.
(f) The Program Partner acknowledges that any and all claims made by Recipient for demolition activities
that occurred on a parcel of land not owned by the Program Partner will be rejected.
(g) The Program Partner acknowledges that it is voluntarily assuming title to properties to be included in
the Project.
15. Funding Tiers and Requests.
a. The maximum amount of funding available for the acquisition and demolition of any approved
residential structure is $25,000.00 (the "Unit Cap"). Under the terms of the BEP, the United
States Department of the Treasury will not permit IHCDA to pay claims in excess of the Unit Cap
for the acquisition and demolition of any qualifying property. There is no process to seek a waiver
of the Unit Cap, and no waiver request will be entertained by IHCDA.
b. The Recipient submitted an Application with a specified list of residential properties with
structures for acquisition and demolition. The Application assigned each structure to one of two
funding tiers (each, a "Tier"):
is Tier one ("Tier One") includes structures without basements. The maximum allocation
for acquisition, demolition and approved expenses for Tier One is $15,000.00. Tier One
properties will have an available property maintenance fee allocation of $1,000 per year
for three years.
ii. Tier two ("Tier Two") includes residential structures with basements. The maximum
allocation for acquisition, demolition and approved expenses for Tier Two is $25,000.00.
Tier Two structures have an available property maintenance fee allocation of $1,000.00
per year for three years. The Recipient acknowledges that no property maintenance fees
will be paid for a Tier Two structure if the Unit Cap is reached.
c. The Recipient hereby acknowledges that no claims will be paid in excess of the Unit Cap.
d. Only the Recipient may seek a waiver for Tier One structures to exceed the $15,000 allocation if
additional funds are needed for abatement purposes.
e. The Recipient and the Program Partner will be responsible for any costs incurred in excess of the
Unit Cap and the specific Tier One and Tier Two maximum allocation limits.
16. Project Period. The "Project Period" commences on January 27, 2017 and ends 24 months from the date the
Award is granted (unless extended by IHCDA), at which date the Recipient and Program Partner shall
complete the Project. Any request for an extension of time must be submitted to IHCDA in writing prior to
the expiration of the Project Period, using the Waiver form attached to this Agreement. No requests for an
extension of time will be entertained after the Project Period has expired, and all extensions of time must be
requested on a per property basis. Any portion of the Award remaining at the conclusion of the Project
Period shall be forfeited by the Recipient.
17. Termination, Cancellation of Funding.
a. Termination.
i. This Agreement may be suspended and/or terminated immediately by IHCDA, if the
Recipient has committed fraud or has misused or misappropriated funds received under
this Agreement or another agreement between the Recipient and IHCDA or committed
any other material breach of this Agreement. In this event IHCDA may recapture or
cancel all or any portion of the Award and may be grounds for denial of further work
with IHCDA. This subsection shall survive the expiration or termination of the
Agreement.
ii. This Agreement may be terminated at any time by IHCDA, with or without cause, upon
thirty (30) days written notice whenever IHCDA determines that such termination is in its
best interest. Upon notice of such termination, no new or additional liabilities shall be
incurred without the prior written approval of the Authority.
b. Funding Cancellation. When the Executive Director of IHCDA, the Director of the State Budget
Agency, or the U.S. Department of the Treasury makes a written determination that funds are not
available to support continuation of performance of this Agreement, the Agreement shall
automatically terminate. Any determination by the Executive Director of IHCDA or the Director
of the State Budget Agency or the U.S. Department of the Treasury that funds are not appropriated
or otherwise available to support continuation of performance shall be final and conclusive.
c. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the
Recipient shall transfer to.the Authority any and all outstanding Claims within 10 days. Claims
that were outstanding and claims for fees, expenses, or costs incurred prior to the termination and
submitted within 10 days thereof will be paid if the claims are submitted with the necessary
documentation. Claims submitted outside the ten-day time frame will be rejected. Any and all
remaining obligations of the Recipient and its program partners shall be the responsibility of the
Recipient and/ or its program partners.
18. Insurance and Indemnification.
a. Insurance. During the Term, the Recipient shall obtain and maintain, at its expense, or cause the
Program Partner to obtain and maintain, at its expense, with an insurer acceptable to IHCDA,
comprehensive general liability coverage, including contractual coverage, with minimum liability
limits of $500,000 per occurrence and $1,000,000 in the aggregate unless additional coverage is
required by IHCDA. The Recipient shall deliver or cause to be delivered to the IHCDA a
certificate of insurance as soon as practicable upon execution of this Agreement evidencing
coverage or. the IHCDA shall have the right to terminate this Agreement immediately. The
E
certificate shall demonstrate the following: (i) IHCDA is a certificate holder with thirty (30) days
notice rights and (ii) the policy names IHCDA as an additional insured.
b. Indemnification. The Recipient and Program Partner each shall indemnify, defend, and hold
harmless 1HCDA, its directors, officers, employees, contractors, and agents of and from any and
all claims, losses, damages, or expenses (including reasonable attorneys' fees) arising out of or in
any way related to (a) any breach or alleged breach by the Recipient or Program Partner of any
provision of this Agreement or the Application or any material inaccuracy of any representation or
warrant made by it herein, (b) any act or omission by the Recipient or Program Partner, their
employees, agents, representatives, affiliates, and or program partners directly or indirectly, related
to its performance of this Agreement constituting negligence, recklessness or willful
misconduct; and (c) any alleged failure on the part of the Recipient or Program Partner, their
employees, agents, representatives, affiliates and or program partners to comply with federal, state
and local laws and regulations, including without limitation laws and regulations. IHCDA shall
not provide such indemnification to the Recipient. This subsection shall survive the expiration or
termination of the Agreement.
19. Citizen Participation. The Recipient shall establish procedures for responding to citizens' complaints
regarding the activities carried out utilizing the Award funds. Citizens should be provided with an
appropriate address, phone number, and times during which they may submit such complaints, and the
Recipient should provide a written response to every citizen complaint within fifteen (15) working days of
the complaint.
20. Notice to Parties. Notice shall be deemed to have been given under this Agreement whenever any notice,
statement, or other communication shall be delivered in person, or sent via overnight delivery service
maintaining records of receipt to the address below, unless otherwise requested in writing:
(a) To the Recipient:
City of Richmond
50 North 5th Street
Richmond, IN 47374
Attention: IHCDA Award Administrator
(b) To the Prog�rraamm Partner:
Neighborhood Services Clearinghouse
50 North 5th Street
Richmond, IN 47374
Attention: IHCDA BEP Contact
(c) To the IHCDA:
Indiana Housing and Community Development Authority
30 South Meridian Street, Suite 1000
Indianapolis, IN 46204
Attention: Blight Elimination Program
The parties may change the foregoing notice addresses by providing notice of such change to the other
party in accordance with this Section 20.
21. Employment Eligibility Verification. As required by IC §22-5-1.7, the Recipient hereby swears or affirms
under the penalties of perjury that:
a. The Recipient has enrolled and is participating in the E-Verify program;
b. The Recipient has provided documentation to the State that it has enrolled and is participating in
the E-Verify program;
10
c. The Recipient does not knowingly employ an unauthorized alien.
d. The Recipient shall require its contractors who perform work under this Agreement to certify to
Recipient that the contractor does not knowingly employ or contract with an unauthorized alien
and that the contractor has enrolled and is participating in the E-Verify program. The Recipient
shall maintain this certification throughout the duration of the term of a contract with a contractor.
22. Davis -Bacon.
a. The Davis -Bacon Act requires that workers on certain federally assisted housing activities receive
no less than the prevailing wages paid for similar work. Prevailing wages are computed by the
U.S. Department of Labor and are issued in the form of a federal wage determination for each
classification of work. The Davis -Bacon Act applies to awards for the following activities that are
funded in whole or in part by Community Development Block Grant funds: (1) the rehabilitation
or new construction of residential property containing a total of eight (8) or more units (this
includes both assisted and non -assisted or market rate units); or (2) the construction, alteration
and/or repair, or painting of a public building or facility; or (3) any construction work on non-
residential property valued at more than $2,000.00. Therefore, if federal funds finance only a
portion of the construction work, labor standards are applicable to the entire roject.
b. If the Project meets any of the criteria described in the paragraph above, the Recipient and
Program Partner certify that it will comply with the Davis Bacon Act and include the Davis Bacon
Provisions contained in HUD Form 4010 into all contracts with any contractor working on the
Project. Accordingly, Recipient, Program Partner, and or any contractor working on the Project
shall pay approved Davis Bacon wages weekly to employees and/or subcontractors, monitor the
compliance of contractors and subcontractors working on the Project, ensure that WH347 forms
and/or certified payrolls are submitted to any designee of IHCDA for labor standards monitoring,
ensure that contract and bid specifications contain the applicable wage decision, verify that
contractors are not listed on federal Excluded Parties List System (EPLS) for debarred or suspended
contractors, and comply with the posting and notification requirements set forth in 29 CFR 5.5(a)
and 29 CFR 5.6.
c. The Recipient is responsible for determining if Davis Bacon wages are required and should
consider its Program Partner, planned end -uses and other contributing funding sources when
making its determination.
23. Meaningful Access for Limited English Proficient Persons. Persons who, as a result of national origin, do
not speak English as their primary language and who have limited ability to speak, read, write, or
understand English ("limited English proficient persons" or "LEP") may be entitled to language assistance
under Title VI of the Civil Rights Act of 1964 ("Title VI") in order to receive a particular service, benefit,
or encounter. In accordance with Title VI and its implementing regulations, the Recipient and Program
Partner agree to take reasonable steps to ensure meaningful access to activities funded with BEP Funds by
LEP persons. Any of the following actions could constitute "reasonable steps", depending on the
circumstances: acquiring translators to translate vital documents, advertisements, or notices, acquiring
interpreters for face to face interviews with LEP persons, placing advertisements and notices in newspapers
that serve LEP persons, partnering with other organizations that serve LEP populations to provide
interpretation, translation, or dissemination of information regarding the project, hiring bilingual employees
or volunteers for outreach and intake activities, contracting with a telephone line interpreter service, etc.
24. Lobbying, Activities. Pursuant to 5 U.S.C. § 1502 and 31 U.S.C. § 1352, as amended from time to time,
and any regulations promulgated thereunder, the Recipient and Program Partner hereby certify that no
Federally appropriated funds have been paid or will be paid by or on behalf of the Recipient or Program
Partner 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 award, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment to, or modification of any Federal contract, award, loan, or cooperative agreement. If any
funds other than Federally 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
11
employee of Congress, or an employee of a member of Congress, the Recipient and/or Program Partner
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying".
25. Non -Discrimination Clause. Pursuant to the Indiana Civil Rights Law, specifically including Indiana Code
§ 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age
Discrimination in Employment Act, and the American with Disabilities Act, the Recipient and Program
Partner covenant that they shall not discriminate against any employee or applicant for employment
relating to this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any
matter directly or indirectly related to employment because of the employee or applicant's race, age, color,
religion, sex, disability, national origin; ancestry, or status as a veteran, or any other characteristic protected
by federal, state, or local law ("Protected Characteristics"). Furthermore, the Recipient and Program
Partner certify compliance with applicable federal laws, regulations, and executive orders prohibiting
discrimination based on the Protected Characteristics in the provision of services. Recipient and Program
Partner understand that IHCDA is a recipient of federal funds, and therefore, where applicable, the
Recipient, Program Partner and subcontractors of both agree to comply with requisite affirmative action
requirements, including reporting pursuant to 41 C.F.R. Chapter 60, as amended and Section 202 of
Executive Order 11246.
26. Maintaining a Drug -Free Workplace (Executive Order No. 90-5).
Pursuant to Executive Order No. 90-5, April 12, 1994, issued by Governor Evan Bayh, the Indiana
Department of Administration requires the inclusion of this certification in all contracts with and grants
from the State of Indiana in excess of $25,000. No award of a contract or grant shall be made, and no
contract, purchase order or agreement, the total of which amount exceeds $25,000, shall be valid unless and
until this certification has been fully executed by the Recipient and Program Partner and attached to the
contract or agreement as part of the contract documents. False certification or violation of the certification
may result in sanctions including, but not limited to, suspension of contract payments, termination of the
contract payments, termination of the contract or agreement and/or debarment of contracting opportunities
with the State for up to three (3) years.
The Recipient and Program Partner certify and agree that each will provide a drug -free workplace by:
(a) Publishing and providing to all of its employees a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the
Recipient's and Program Partner's workplaces 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 employees about (1) the dangers of drug abuse
in the workplace; (2) the Recipient's and Program Partner's policies 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 violation occurring in the
workplace;
(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
employer of any criminal drug use conviction for a violation occurring in the workplace no later than
five (5) days after such a conviction;
(d) Notifying in writing the contracting State Agency and the Indiana Department of Administration
within ten (10) days after receiving notice from an employee under subdivision (c)-(2) above, or
otherwise receiving actual notice of a conviction;
(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
12
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.
27. Indegendent Contractor. All parties hereto, in the performance of this Agreement, will be acting in an
individual capacity and not as agents, employees, partners, joint ventures, or associates of one another. The
employees of one party shall not be deemed or construed to be the employees or agents of the other parties
for any purpose whatsoever. Unless otherwise stated herein, neither party will assume liability for any
injury to any persons, or any damage to any property, arising out of the acts or omissions of the agents,
employees, or subcontractors of the other party.
28. Modifications. This Agreement may not be modified except by an instrument in writing executed by each
of the parties hereto. Substantial amendments may be cause to review the Application submitted to
determine if the Project is meeting the stated goals and timelines.
29. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State
of Indiana. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Marion
County, Indiana for any action arising out of this Agreement.
30. Headings. The headings and subheadings herein are for the convenience of the parties hereto and shall
have no legal effect upon the construction of this Agreement.
31. Non -Waiver. No waiver, forbearance, or failure by any party of its right to enforce any provision of this
Agreement shall constitute a waiver or estoppel of such party's right to enforce such provision in the future.
32. Severability. The invalidity of any provision of this Agreement shall not invalidate the remaining provisions
of this Agreement.
33. Publici . The Contractor acknowledges that IHCDA has certain contractual obligations with the United
States Treasury with respect to public statements pursuant to this Agreement and the BEP in general.
Therefore, any publicity release or other public reference, including but not limited to media releases and
informational pamphlets relating to the Project and any services funded under this Agreement, shall be
approved by IHCDA before their distribution. If construction signage is used that mentions the names of
any specific funding entities, the name and logo of IHCDA and IFPN shall appear on such signage, upon
request, and must also be approved by IHCDA.
34. Order of Precedence. Any inconsistency or ambiguity in this Agreement shall be resolved by giving
precedence in the following order: (1) the Agreement, (2) the Exhibits prepared by the IHCDA, (3) BEP
Notices, (4) the Application Packet, (5) the Application and (6) the Exhibits prepared by the Recipient.
[SIGNATURE PAGE FOLLOWS.]
13
(Where Applicable)
Attested By:
David ow, Mayo
(Where Applicable)
Non -Collusion and Acceptance of Recipient
The undersigned attests, subject to the penalties of perjury, that he/she is the Recipient or Program Partner, or that
he/she is the properly authorized representative, agent, member or officer of the Recipient or Program Partner, that
he/she has not, nor has any other member, employee, representative, agent or officer of the Recipient, directly or
indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or
agreement to receive or pay, and that he/she has not received or paid any sum of money or other consideration for
the execution of this Agreement other than that which appears upon the face hereof.
In Witness Whereof; The Recipient, Program Partner and IHCDA have, through their duly authorized
representatives, entered into this Agreement. The parties have read and understand the foregoing terms of this
Agreement and do by their respective signatures dated below hereby agree to the terms thereof.
City of Richmond
By.
Printed Name:' Robinson
Title: President
Date:
[Program. Partner]
Indiana Housing and Mmmunity Development Authority:
By:
Printed N e: . J SiDe
Title: . iv for
Date: -
Award Agreement Number: 2017D4—BEP-302
14
EXHIBIT A
PROJECT BUDGET & REPORTING GUIDE
Agreement Number:
Recipient:
Funding Source/Activity Type: Blight Elimination Program
BUDGET
Total Award: $254,000.00
Total Number of Structures 11
Tier One Structures 3
Tier Two Structures 8
Tier One Allocation $45,000.00
Tier Two Allocation $200,000.00
Property Maintenance Fees $9,000.00
REPORTING
The Recipient shall report to IHCDA in accordance with the following schedule during the Term of this
Agreement:
Round Three Recipients shall submit reports to IHCDA on
a. Wednesday, October 11, 2017
b. Wednesday, January 10, 2018
c. Wednesday, April 11, 2018
d. Wednesday, July 11, 2018
e. Wednesday, October 10, 2018
f. Wednesday, January 9, 2019
Reports shall be tendered on the preapproved form (the "Reporting Form") posted by IHCDA at
www.877gethope.org/bhght, as amended from time to time. IHCDA shall have the right to request additional
information above and beyond that required by the Reporting Form.
MILESTONES
Round Three Recipients shall expend fifty percent (50%) of the Award by January 29, 2018, which is six (6)
months after the Recipient was notified of their approved project properties. Recipients that believe they may
not be able to expend fifty percent (50%) of the funds by the First Milestone Date should seek an extension
from IHCDA, which must be requested pursuant to instructions from IHCDA. Any and all extensions of time
to expend the award shall be granted at the sole discretion of IHCDA
Round Three Recipients shall expend one hundred percent (100%) of the Award within eighteen (18) months
after the award announcement date of January 27, 2017, which is July 30, 2018 (the "Second Milestone
Date"). Any and all extensions of time to expend the award shall be granted at the sole discretion of IHCDA.
Award Agreement Award Number «Award_»
Page 1 of 2
IHCDA may, in its sole discretion, cancel and/or re -distribute all or any portion of the Award if any of the
following events occur: (1) the Recipient fails to meet applicable program requirements; (2) the Recipient
fails to meet any of the milestones, benchmarks, or deadlines; or (3) IHCDA concludes that is not likely
that the Recipient will meet at least one (1) of the milestones or benchmarks referenced above.
Award Agreement Award Number 2017D4-BEP-303
Page 2 of 2