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written consent of the parties, unless sooner terminated as provided herein. Notwithstanding the foregoing, the
<br />Recipient must expend and disperse the entire amount of the Award within eighteen (18) months of the Effective
<br />Date of this Agreement.
<br />5, Pa
<br />ymeni Schedule, The Authority shall disburse to the Recipient an amount not in excess of the Award as follows:
<br />(a) Recipient shall submit to IHCDA, at least monthly, properly completed claims for reimbursement of allowable
<br />costs incurred by Recipient under this Agreement during the prior month; (b) claims shall be submitted using
<br />IIICDA's online claim system and pursuant to instructions issued by II-ICDA. Disbursement by IHCDA is
<br />conditioned on: (x) IHCDA's receipt of all proper materials, receipts, and approvals provided herein, together with
<br />such other documentation as the Authority may, from timc to time, request; (y) requested evidence that awarded
<br />funds are being expended in proportion to expenditures of match and leverage; and (z) appropriate assurance
<br />and/or evidence satisfactory to the Authority that the Recipient is in full and strict compliance with this Agreement
<br />and the Project.
<br />6. Pro ree ss Repoots. The Recipient shall submit progress reports to the IHCDA upon request. The report shall be
<br />oral, unless the IHCDA, upon receipt of the oral report, should deem it necessary to have it in written form. The
<br />progress reports shall serve the purpose of assuring the IHCDA that work is progressing in line with the proposal
<br />or schedule, and that completion can be reasonably assured on the scheduled date.
<br />7. Comlliance with Laws.
<br />(a) Any action, review, recommendation, approval, or other activity taken by or on behalf of the Authority does
<br />not expressly or impliedly, directly or indirectly, suggest, represent, or warrant that the Recipient or the Project
<br />is in compliance with applicable statutes, rules, regulations, applications, or other statements. Rather, the
<br />Recipient acknowledges that it is solely responsible for all such matters.
<br />(b) The Recipient shall comply with all applicable federal, state and local laws, rules, regulations and ordinances,
<br />and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment
<br />of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement
<br />shall be reviewed by the IHCDA and the Recipient to determine whether the provisions of this Agreement
<br />require formal modification.
<br />(c) The Recipient and its agents shall abide by all ethical requirements that apply to persons who have a business
<br />relationship with the State as set forth in IC §4-2-6 et seq., IC §4-2-7, et. seq. and the regulations promulgated
<br />thereunder. If the Recipient has knowledge, or would have acquired knowledge with reasonable inquiry, that a
<br />state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial
<br />interest in the Agreement, the Recipient shall ensure compliance with the disclosure requirements in IC 4.2-6-
<br />10.5 prior to the execution of this Agreement. If the Recipient is not familiar with these ethical requirements,
<br />the Recipient should refer any questions to the Indiana State Ethics Commission, or visit the Inspector
<br />General's website at http:/Iwww.in,gov/ig/. If the Recipient or its agents violate any applicable ethical
<br />standards, IHCDA may, in its sole discretion, terminate this Agreement immediately upon notice to the
<br />Recipient. In addition, the Recipient may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and
<br />under any other applicable laws.
<br />(d) The Recipient certifies by entering into this Agreement, that neither it nor its principal(s) is presently in arrears
<br />in payment of its taxes, permit fees or other statutory, regulatory or judicially required payments to the State.
<br />Further, the Recipient agrees that any payments in arrears and currently due to the State may be withheld from
<br />payments due to the Recipient. Additionally, further payments may be withheld, delayed, or denied and/or this
<br />Agreement suspended until the Recipient is current in its payments and has submitted proof of such payment
<br />to the State and the IHCDA.
<br />(e) The Recipient warrants that it has no current or outstanding criminal, civil, or enforcement actions initiated by
<br />the State pending, and agrees that it will irmnediately notify the State and the IHCDA of any such actions.
<br />During the term of such actions, the Recipient agrees that IIFICDA may delay, withhold, or deny work under
<br />any supplement, amendment or contractual device issued pursuant to this Agreement.
<br />CDBG-D CITY OF SOUTH BEND DR20R-018-003
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