VW Project Funding Agreement - Grant EPA Reimbursable Costs Up to $9,000 Purchase & Install EV Charger - IDEM

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Page 1 of 12 1/21 VW PROJECT FUNDING AGREEMENT Agreement Number VWL2-031 This Funding Agreement (“Agreement”), entered into by and between the Indiana Department of Environmental Management (“IDEM”) and the City of South Bend, Indiana (“Grantee”), is executed pursuant to the terms and conditions set forth herein, in accordance with the requirements of the Volkswagen Diesel Emissions Environmental Mitigation Trust, for which IDEM is the Beneficiary Lead Agency. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. Purpose The purpose of this Agreement is to set forth the process whereby IDEM, as the Beneficiary Lead Agency, directs the Trustee of the Volkswagen Diesel Emissions Environmental Mitigation Trust to make payment in the amount of $9,000 to the Grantee for reimbursement of eligible costs of the project (“Project”) described in Attachment A of this Agreement, which is incorporated fully herein. The funds shall be used exclusively in accordance with the provisions contained in this Agreement, the requirements of the Volkswagen Diesel Emissions Environmental Mitigation Trust and applicable Indiana law. The funds received by the Grantee pursuant to this Agreement shall be reimbursement for approved Project costs in conformance with this Agreement and for no other purpose. 2. Funding Source The funding source for this Agreement are the funds held in the Volkswagen Diesel Emissions Environmental Mitigation Trust for State Beneficiaries for the State of Indiana. 3. Representations and Warranties of the Grantee The Grantee expressly represents and warrants to IDEM that the information set forth in its Funding Application is true, complete and accurate. The Grantee expressly agrees to promptly repay all funds paid to it under this Agreement should it be determined that it made any material misrepresentation on its Funding Application. 4. Implementation and Reporting Requirements A. The Grantee shall implement and complete the Project in accordance with Attachment A and the plans and specifications contained in its Funding Application. Modification of the Project shall require prior written approval from IDEM. If IDEM determines that the Grantee is not making adequate progress in implementation of the approved Project in accordance with Attachment A, IDEM may terminate this agreement. B. The project shall conform to all requirements as detailed in the IDEM Request for Proposals announcing the availability of EV infrastructure funds that closed on September 23, 2020, attached and incorporated into this document as Appendix A. C. The Grantee shall submit to IDEM written progress reports until the completion of the Project. These reports shall be submitted in accordance with the reporting schedule contained in Attachment C and shall contain such detail of progress or performance on the Project as is required under the terms of the