Agreement - Indiana Housing and Community Development Authority - Lead Hazard Reduction Demonstration Grant Program

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Agreement suspended until the Recipient is current in its payments and has submitted proof of such payment to the State and the IHCDA. (e) The Recipient warrants that it has no current or outstanding criminal, civil, or enforcement actions initiated by the State pending, and agrees that it will inunediately notify the State and the IHCDA of any such actions. During the term of such actions, the Recipient agrees that IHCDA may delay, withhold, or deny work under any supplement, amendment or contractual device issued pursuant to this Agreement. (f) If a valid dispute exists as to the Recipient'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 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 5-17-5. (g) The Recipient warrants that the Recipient and its subcontractors, if any, shall obtain and maintain all required permits, licenses, and approvals, and shall comply with all health, safety, and envirommental statutes, rules, or regulations in the performance of work activities for the IHCDA. Failure to do so is a material breach and grounds for immediate termination of this Agreement and denial of further payment by the IHCDA. (h) The Recipient hereby affirms that if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports with the Indiana Secretary of State. (i) As required by IC 5-22-3-7: (1) The Recipient and any principals of the Recipient certify that (A) the Recipient, 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 24-4.7 is preempted by Federal law; and (B) the Recipient 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. (2) The Recipient and any principals of the Recipient certify that an affiliate or principal of the Recipient and any agent acting on behalf of the Recipient 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 2447 for the duration of this Grant Agreement, even if IC 24-4.7 is preempted by Federal law. 6. Limitations on Expenditures of Program Funds. (a) The Recipient and other participants in the Program are prohibited from undertaking, committing or expending HUD or non -HUD hinds on a project or activities under this Agreement (other than activities listed at 24 CFR 58.34, 58.35(b) or 58.22(f), e.g., lead -based paint inspections, risk assessments, and housing related health hazard assessments) until the Recipient completes an environmental review including the submission, and I -IUD approval, of a Request for Release of Funds and the recipient's Environmental Certification (both on Form HUD7015.15). (b) Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures applicable to the Lead program set forth in 24 C.F.R. farts 50 and 58, and any successor statute or regulation, until such release is issued in writing. 7. Termination,• Cancellation of Fundin . (a) Termination. The Authority may immediately suspend or terminate this Agreement if the Recipient fails to comply with any material term of the Agreement. LEAD- CITY of SOUTH BEND LD-018-003 Paee 4 of 23