18-62 Approval of Grant for CDBG- Disaster Relief II Funds

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• executive compensation data into the SAM under FFATA,provided,that the Recipient shall still register and submit the other data requested. 20. Indirect Cost Rate. According to 2 CFR 200.414(f), the Recipient may charge a de minimis rate of 10% of modified total direct costs(MTDC). As described in 2 CFR 200.403,Factors affecting alloviability of costs,costs • must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently • charged as both. If chosen,this methodology once elected must be used consistently for all Federal awards until such time as the Recipient chooses to negotiate for a rate,which the Recipient may apply to do at any time. • A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a Federal cognizant agency for indirect costs or maintained on file by the Recipient,must be certified by the Recipient using the Certificate of Cost Allocation Plan or Certificate of Indirect Costs as set forth in Appendices III through VII, and Appendix IX in 2 CFR part 200. The certificate must be signed on behalf of the Recipient by an individual at a level no lower than vice president or chief financial officer of the Recipient. • 21. Employment Eligibility Verification. As required by IC §22-5-1.7, the Contractor swears or affirms under the penalties of perjury that the Contractor does not laiowingly employ an unauthorized alien. The Contractor further agrees that: The Contractor shall not knowingly employ or contract with an unauthorized alien.The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. 22. 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. 23. 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. 24. 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. 25. Publicity. The parties shall cooperate with respect to all public statements regarding the subject matter of this Agreement. The parties agree that 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, will clearly state that all activities and services are provided without regard to race, age, color, religion, sex, disability,national origin,ancestry,or status as a veteran. 26. Severability. The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of this [ Agreement. 27. Exhibits. Exhibits A,B,C and Appendix A are attached hereto are fully incorporated herein. 28. Order of Precedence. Any inconsistency or ambiguity in this Agreement shall be resolved Awavingrd precedence re ed(4)c in the following order: (1)the Agreement, (2)the Exhibits prepared by the IHCDA,( ) he Application,and(5)the Exhibits prepared by the Recipient. • Dl�orz o�s-oo3 ICDBG-D CITY OF SOUTH BEND Page 09 of 24 Recapture