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HomeMy WebLinkAbout18-62 Approval of Grant for CDBG- Disaster Relief II Funds • Filed in Clerk's Office o�$013'rx 8��d W - r OCT 7 2018 PE C� +ITY OF SOUTH BEND COMMU \ ITY I \VESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR October 17, 2018 President Tim Scott Members,South Bend Common Council Dear President Scott and Council Members: The resolution submitted for Council approval is for the purpose of accepting a grant award,from the Indiana Housing and Community Development Authority(IHCDA)to address lead issues in both homeowner and rental units in the City of South Bend.South Bend is only one of four cities to receive these funds. The total of$143,906.00 represents a portion of the total South Bend award of$672,857.00. IHCDA awarded funds from two different sources for the same project activity. CDBG-Disaster Relief II Funds $143,906.00 While each fund/award has its own regulations, processes, agreement and required resolution,the funds are intended to work in tandem. Combined the awards allow for costs related to hazard control work,risk assessments,inspections,clearance,staff and personnel expected to address 40 housing units. Local and State efforts to publicize and explain the program are on-going. Pre-applications are reviewed by IHCDA and then forwarded to the respective community. I will present at the October 22,2018 meeting however if you have any questions prior to that time please contact me. Thank you. Sin arlialt / Pamela C. Me r / Director cc: K. Fowler,City Clerk B. Palmer,Council Attorney J. Mueller, DCI Executive Director S. Fritzberg,Office of the Mayor DANIEL J.BUCKENMEYER ALKEYNA ALDRIDGE PAMELA MEYER TIM CORCORAN BUSINESS DEVELOPMENT ENGAGEMENT&ECONOMIC EMPOWERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&COMMUNITY RESOURCES EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT �J 1400S County-City Building 1227 W.Jefferson Blvd.l South Bend,Indiana 46601 1 p 574.235.9371 1 www.southbendin.gov Filed in Clerk's Office BILL NO. 18-62 OCT 1 7 L018 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO ACCEPT A RECOVERABLE GRANT FROM THE INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY, COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RELIEF II WHEREAS, the Common Council of the City of South Bend, Indiana(the "Common Council"), is the governing body of the City of South Bend(the "City"), a municipal corporation duly organized and existing in the State of Indiana; and WHEREAS,the City,through its Department of Community Investment, applied for and has received a recoverable grant from the Indiana Housing and Community Development Authority (the "IHCDA") Community Development Block Grant Program—Disaster Relief II, in the amount of One Hundred Forty-Three Thousand Nine Hundred Six Dollars ($143,906) (the "Grant"); and WHEREAS,the IHCDA requires the Common Council to retroactively approve the City's application, formally accept the grant award, and appoint designees that are authorized to act on behalf of the City with regard to the Grant, all by a resolution of a majority of its members. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The City is hereby retroactively authorized to apply for a recoverable grant from the Community Development Block Grant—Disaster Relief II, administered by IHCDA. SECTION II. The City is hereby authorized to accept the Grant awarded to it by the Community Development Block Grant—Disaster Relief II, administered by IHCDA, in accordance with the terms and conditions set forth in the Award Agreement between IHCDA and the City, a copy of which is attached hereto as Attachment A, and has been executed by the City through its Board of Public Works ("the Board"). SECTION III. All further applications, documents, covenants,binding real estate deeds, instruments or writings as are necessary and/or as appropriate to consummate the recoverable grant transaction, as acceptable to IHCDA shall be performed by the Board or individual so authorized to act by and on behalf of the City. SECTION IV. This Resolution shall be in full force and retroactive effect ad provided in Section I from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council ATTACHMENT A AWARD AGREEMENT r • • SUPPLEMENTAL DISASTER RECOVERY APPROPRIATION-2 COMMUNITY DEv GRANT PROGRAM("CDBG-D")AWARD AGREEMENT Fled in Clerk's Office This is a Subaward This is Not a Research&Development Award • CDFA#14.228 Er17 2Q1a I.' U.S.Department of Housing and Urban Development • 100%Federal Funding KAREE AHM FUWLER Federal Award No FAIN: B-08-DI-18-0001 CITY CLERK,SOUTH BEND,IN Federal Award Date: April 13,2009 FFATA Activity Description: Owner Occupied Rehabilitation AWARD AGREEMENT NO.DR2OR-018-003 THIS SUPPLEMENTAL DISASTER RECOVERY APPROPRIATION-2 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AWARD AGREEMENT(the"Agreement")is made and entered into by and between the Indiana Housing and Community Development Authority (the "THCDA" or "Authority"), a public body corporate and politic of the State of Indiana(the"State"), and the City of South Bend (the "Recipient"), a Unit of Local Government, having a DUNS#of 074327123. WITNESSETH: • WHEREAS,the Authority has been designated to receive,administer,and disburse funds pursuant to the Consolidated Security,Disaster Assistance and Continuing Appropriations Act,2009(Pub.L. 110-329, approved September 30,2008) for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure in areas affected by natural disasters that occurred during 2008,Title I of the Housing and Community Development Act of 1974,as amended, and under regulatory waivers in the Community Development Block Grant state program granted by the HUD;and, WHEREAS,a portion of IHCDA's disaster recovery funds("Disaster Funds")are being provided to the Recipient for eligible activities relating to the rehabilitation of owner occupied homes as identified and described in the Substantial Amendment to the State's Action Plan for CDBG Supplemental Disaster Recovery Funds; NOW,THFREFORE,in consideration of the following mutual promises,covenants,and conditions contained herein, • and other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties agree as follows: • 1. Incorporation of Recitals. The above recitals are hereby incorporated herein as though set forth in their entirety. 2. The Authority awards the Recipient the sum of One Hundred Forty Three Thousand Nine Hundred Six dollars and 00/100 Dollars ($143,906.00) of Disaster Funds (the "Award") for use by the Recipient pursuant to its application, submitted to IHCDA on May 28, 2018 (the "Application"), exclusively for the purpose and project outlined therein (the `Project"). Additional programmatic, statutory and regulatory requirements are attached hereto, made a part hereof, and marked "Exhibit A" ("Additional Programmatic, Statutory and Regulatory • Requirements"). The Recipient has submitted a detailed budget which has been attached to this Agreement as "Exhibit B"("Budget"),attached hereto and made a part hereof. 3. Representations, Warranties, and Covenants of Recipient. The Recipient hereby represents and warrants to the Authority and covenants with the Authority that: (a) It shall timely perform or cause to be performed all work specified in its Application; • (b) It shall not request any payment under this Agreement from IHCDA until those funds are actually needed to pay for eligible expenses; (c) Its request for any such payment shall be limited to the amount of expenses actually incurred by the Developer at that time; • CDBG-D CITY OF SOUTH BEND DR20R 011-003 Recapture Page 1 of 24 is (d) It shall not expend any part of the Award for purposes other than the Project or spend more of the Award for any class of items or activities than the amount allocated for such purposes in the appropriate line item of the Budget,a copy of which is attached hereto,made a part hereof,and marked`Exhibit B"; (e) It shall,from time to time;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, the Application, and the IHCDA CDBG&HOME Program Manual(the"Award Manual"); (f) It shall promptly repay IHCDA for any CDBG funds it utilizes for expenses that are deemed"ineligible"by any of the following: IHCDA,HUD,24 CFR 570,an audit,or the Award Manual; (g) All work and activities authorized and/or contemplated under this Agreement,the Application,and the Project will be in strict obeyance,compliance,and observance of all applicable laws,rules,regulations,and executive orders of all Federal,State, and local governments and regulatory bodies, including provisions of the Award Manual and its application,as from time to time amended; (h) It shall keep and,upon request,timely submit such records and reports as may be required from time to time • by the Authority or the U.S.Department of Housing and Urban Development("HUD"),which records shall include those necessary for fair housing and equal opportunity purposes, and other records reasonably necessary to assist the Authority in complying with 24 CFR§§570.506 and 570.507; (i) It has not taken and will not take any action or permit any action that is within its control to be taken or fail to take any action that would impair the Award or the Project. It shall timely prepare all fiscal and management records required by the Award Manual and/or the Authority that are necessary or appropriate 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, direct and indirect, of labor, materials, equipment, supplies, services, and other costs of whatever nature, for which payment is claimed under this Agreement. It shall retain all such records for the for the greater of three(3) years from closeout of the State of Indiana's grant between HUD, or the period required by other applicable laws and regulations as described in 24 CFR 570.487 and 24 CFR §570.488. Records shall be retained beyond the prescribed period if any litigation,claim,negotiation,audit,or other action is begun involving this Agreement or the Project. In that instance,the records shall be retained until the litigation,claim,negotiation, audit,or other action has been finally resolved; (j) In accordance with 2 CFR 200.336,it will provide HUD,the Office of the Inspector General,the Comptroller General of the United States,and IHCDA,or any of their authorized representatives,access to any documents, papers, or other records of the Recipient which are pertinent to the Award, in order to make audits, examinations,excerpts,and transcripts.The right also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. (k) Except as permitted•by and in compliance with 24 CFR§570.489(j),the Recipient will not change the use or planned use of any real property within its control that was acquired or improved in whole or in part using the Award,from that for which the acquisition or improvement was made; (1) 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 the IHCDA during its monitoring and evaluation; (m)No information or statement furnished by it to the Authority contains, and no report required to be or otherwise delivered by it to the Authority will contain,any untrue statement of a material fact or will omit to state a material fact necessary to make such information,statements,or reports not misleading. 4. Term of Agreement/Period of Performance. This Agreement shall be effective as of August 31, 2018 (the "Effective Date") and shall remain in effect until December 31,2018("Expiration Date") except as extended by CDBG D CPrY OP SOUTH BEND DR2OR 018-003 Recapture Page 2 of 24 / . written consent of the parties, unless sooner terminated as provided herein. Notwithstanding the foregoing, the Recipient must expend and disperse the entire amount of the Award within eighteen(18)months of th.e Effective Date of this Agreement. 5. Payment Schedule. The Authority shall disburse to the Recipient an amount not in excess of the Award as follows: (a)Recipient shall submit to IHCDA,at least monthly,properly completed claims for reimbursement of allowable costs incurred by Recipient under this Agreement during the prior month; (b) claims shall be submitted using IHCDA's online claim system and pursuant to instructions issued by IHCDA. Disbursement by IHCDA is conditioned on: (x)IHCDA's receipt of all proper materials,receipts,and approvals provided herein,together with such other documentation as the Authority may, from time to time,request; (y)requested evidence that awarded funds are being expended in proportion to expenditures of match and leverage; and (z) appropriate assurance and/or evidence satisfactory to the Authority that the Recipient is in full and strict compliance with this Agreement and the Project. 6. Progress Reports. The Recipient shall submit progress reports to the IHCDA upon request. The report shall be • oral,unless the IHCDA,upon receipt of the oral report,should deem it necessary to have it in written form. The progress reports shall serve the purpose of assuring the IHCDA that work is progressing in line with the proposal or schedule,and that completion can be reasonably assured on the scheduled date. 7. 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 or the Project is in compliance with applicable statutes, rules, regulations, applications, or other statements. Rather, the Recipient acknowledges that it is solely responsible for all such matters. (b) The Recipient 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. The enactment of any state or federal statute or the promulgation of regulations thereunder after execution of this Agreement shall be reviewed by the IHCDA and the Recipient to determine whether the provisions of this Agreement require formal modification. (c) The Recipient and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC§4-2-6 et seq.,IC§4-2-7,et.seq.and the regulations promulgated thereunder. If the Recipient has knowledge,or would have acquired knowledge with reasonable inquiry,that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1,has a financial interest in the Agreement,the Recipient shall ensure compliance with the disclosure requirements in IC 4-2-6- 10.5 prior to the execution of this Agreement. If the Recipient is not familiar with these ethical requirements, the Recipient should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the Recipient or its agents violate any applicable ethical standards, IHCDA may, in its sole discretion, terminate this Agreement immediately upon notice tot e Recipient. In addition, the Recipient may be subject to penalties under IC§§4-2-6, 4-2-7 35-44.1-1-4, and under any other applicable laws. (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 'pp 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 immediately 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. CDB Cr-I)CITY OF SOUTH BEND DR2OR 018-003 • Recapture Page 3 of 24 • (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 1HCDA 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,Iicenses,and approvals,and shall comply with all health,safety,and environmental statutes,rules,or regulations in the performance of work activities for the ICDA. 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(1)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 au 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 24-4.7 for the duration of this Grant Agreement,even if IC 24-4.7 is preempted by Federal law. 8. Limitations on Expenditures of Program Funds. (a) Costs associated with theenvironmental review,program delivery,or property acquisition maybe incurred by the Recipient, at its election,prior to the effective date of the Award. This authorization to incur such costs under the Award,however,including environmental program delivery,or property acquisition costs,does not constitute a guarantee that such costs will be paid or reimbursed by the Authority. All costs incurred by the Recipient prior to the effective date of the Award and receipt of a"Notice of Release of Funds"are incurred voluntarily,at the Recipient's risk,and upon its own credit and expense. (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 CDBG program set forth in 24 C.F.R.Parts 50 and 58, and any successor statute or regulation,until such release is issued in writing. 9. Termination;Cancellation of Funding (a) Termination. (1) The Authority may immediately suspend or terminate this Agreement if the Recipient fails to comply with any material term of the Agreement. (2) This Agreement may be terminated at any time, by either party,with or without cause, upon thirty(30) days written notice. Written notice of such termination must be sent to the other party by certified mail,return receipt requested,postage prepaid.After mailing of such notice of termination,no new or additional liabilities shall be incurred without the prior written approval of the Authority. • (b) For Convenience. This Agreement may be terminated,in whole or in part,by the Authority whenever,for any reason, the Authority determines that such termination is in the best interest of the Authority. Termination CDBG-D CITY OF SOUTH BEND DR2OR-018-003 Recapture Page 4 of 24 f. ' • • shall be effected by delivery to the Recipient of a Termination Notice, specifying the extent to which such termination becomes effective. The Recipient shall be compensated for completion of activities properly performed prior to the effective date of termination. The Authority.will not be liable for activities performed after the effective date of termination. (c) Funding Cancellation. When the Executive Director of IHCDA or the Director of the State Budget Agency 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 I ICDA or the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. (d) Cross-Default. This Agreement may be suspended and/or terminated innnediately if the Recipient has committed fraud or has misused or misappropriated funds received under this Agreement or another agreement between the Recipient and IHCDA. In this event IHCDA may de-obligate and/or're-distribute all or any portion of this award to another recipient. This section shall survive the termination or expiration of this • Agreement. Further,Recipient's breach or default of other agreements or obligations related to the Project shall constitute a material breach of this Agreement. • (e) Effect of Termination. Upon expiration or termination of this Agreement for any reason,the Recipient shall transfer to the Authority any unexpended funds on hand and any accounts receivable attributable to the use of the Award. 10. Insurance and Indemnification. (a) Insurance. During the Term,the Recipient shall 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 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. (b) indemnification. The Recipient shall indemnify,defend,and hold harmless the IHCDA,its directors,officers, employees, 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 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,its employees,agents,representatives or affiliates, 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, its employees, agents, representatives or affiliates to comply with any federal,state and local Iaws and regulations. The Authority shall not provide such indemnification to the Recipient.. This subsection shall survive the termination or expiration of this Agreement. . 11. 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 South Bend ' 227 West Jefferson Avenue-Suite 1400 N South Bend,IN 46601 • •Attention: IHCDA Award Administrator • (b) To the IHCDA: Indiana Housing and Community Development Authority 30 South Meridian Street,Suite 900 - CDBG D CITY OF SOUTH BEND DR2OR-Ot8-003 Recapture Page 5 of 24 Indianapolis,IN 46204 Attention: CMG-DR-2 • With a copy to: David Stewart,General Counsel Indiana Housing and Community Development Authority 30 S.Meridian Street,Suite 900 Indianapolis,IN 46204 (c) Awarding Official: IHCDA J.Jacob Sipe,Executive Director 30 S.Meridian Street 900 Indianapolis,IN JSipe(a ihcda.IN.gov The parties may change the foregoing notice addresses by providing notice of such change to the other party in accordance with this Section 11. • 12. Lobbying Activities. Pursuant to 5 U.S.C. § 1502 and 31 U.S.C. § 1352(and any applicable successor sections), and any regulations promulgated thereunder, the Recipient hereby certifies that no Federally appropriated funds have been paid or will be paid by or on behalf of the Recipient 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 employee of Congress, or an employee of a member of Congress, the Recipient must complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. 13. 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 covenants that it 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 certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. The Recipient understands that II-ICDA is a recipient of federal funds,and therefore,where applicable,the Recipient and its subcontractors agree to comply with requisite affirmative action requirements,including reporting pursuant to 41 CFR Chapter 60,as amended and Section 202 of Executive Order 11246. The Recipient will be required to document compliance with all nondiscrimination laws,executive orders,and regulations. 14. Drug-Free Workplace Certification.This clause is required by Executive Order 90-5 and applies to all individuals and private legal entities who receive grants or contracts from State agencies.This clause was modified in 2005 to apply only to Recipient's employees within the State of Indiana and cannot be further modified,altered or changed. As required by Executive Order No.90-5,April 12, 1990,issued by the Governor of Indiana,the Recipient hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace.Recipient will give written notice to IHCDA within ten(10)days after receiving actual notice that the Recipient,or an employee of the Recipient in the State of Indiana;has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of the certification may result in sanctions including,but not limited to,suspension of grant payments,termination of the Grant and/or debarment of grant opportunities with the State of Indiana for up to three(3)years. CDBG-D CITY OF SOUTH BEND DIt2OR 018-003 Recapture Page 6 of 24 In addition to the provisions of the above paragraphs,if the total amount set forth in this Agreement is in excess of $25,000.00,the Recipient certifies and agrees that it will provide a drug-free workplace by: (a) Publishingand providingto all of its employees a statement notifying employees that the unlawful p manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violations of such prohibition;and (b) Establishing a drug-flee awareness program to inform employees about(1)the dangers of drug abuse in the workplace;(2)the Recipient's policy 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 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. 15. Independent Contractor. All parties hereto, in the performance of this Agreement,will be acting in an individual capacity and not as agents, employees,partners,joint venturers, 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. Except as provided in Section 10(b),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. 16. Work Standards. The Recipient shall each execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If the Authority becomes dissatisfied with the work product of or the worldng relationship with those individuals assigned to perform activities pursuant to this Agreement,the Authority may request in writing the replacement of any or all such individuals, and the Recipient shall grant such request 17. Assurances and Certifications. The Recipient agrees to comply with the"Assurances and Certifications"set forth in Exhibit C. Those "Assurances and Certifications" are fully incorporated herein, and made a part hereof by reference. Any material inaccuracy of any representation or warranty contained therein shall constitute a material breach of this Agreement,for which the Authority may terminate this Agreement. The Recipient further certifies that it will comply with the requirements and standards of all applicable provisions in the following: - (a) Post federal award requirements in 2 CFR 200 Subpart D,Cost principles in 2 CFR 200 Subpart E,and Audit Requirements set forth in 2 CFR 200 Subpart F;and (b) Subpart K—Other Program Requirements,24 CFR§§570.601 to 570.614. CDBG-D CITY OF SOUTH BEND - DR2OR 018-003 Recapture Page 7 of 24 18. Audits. The Recipient shall submit to an audit of funds paid through this Agreement and/or an onsite monitoring review of the Project by IHCDA or its designee. The Recipient shall make all books,accounting records and other documents available at all reasonable times during the Term of this Agreement and for the greater of three(3) years from closeout of the State of Indiana's grant between HUD,or the period required by other applicable Iaws and regulations as described in 24 CFR 570.487 and 24 CFR §570.488. Records shall be retained beyond the prescribed period if any litigation,claim, negotiation, audit,or other action is begun involving this Agreement or the Project. Copies shall be furnished to the IHCDA at no cost. (a) If Recipient expends$750,000 or more in federal awards during the Recipient's fiscal year it must submit its single audit to the IHCDA within the earlier of thirty(30)days after receipt of the auditor's report(s),or nine (9) months after the end of the audit period. The Recipient must also submit its audit to the Federal Audit Clearinghouse. If the Recipient expends less than$750,000 in federal awards it must submit its audited financial statements or 990 (IRS Form 990,Return of Organization Exempt From Income Tax)to IHCDA within the earlier of thirty (30)days after receipt of the auditor's report(s),or nine(9)months after the end of the audit period. (b) Any auditor performing a single or program specific audit for the Recipient must comply with 2 CFR 200.501. (c) Sanctions: If Recipient does not adhere to the policies referenced in subparagraphs A and B of this section,at • IHCDA's sole discretion,it may take appropriate action using sanctions such as: (1) Withholding a percentage of this funding until the audit is completed satisfactorily; (2) Withholding or disallowing claims; • • (3) Suspending all funding from any IHCDA awards until the audit is conducted;or (4) Terminating this Agreement. • 19. Federal Funding Accountability and Transparency Act of 2006 ("FFATA"). In accordance with 2 CFR • 200.300(b),FFATA reporting requirements will apply to any funding awarded by IHCDA tinder this Agreement in the amount of $25,000 or greater. The Recipient, as a sub-recipient, must provide any information needed pursuant to these requirements. This includes entity information,the unique identifier of the Recipient,the unique • identifier of Recipient's parent,and relevant executive compensation data, if applicable(see subsection C below • regarding executive compensation data). • (a) Data Universal Numbering System(DUNS)number. Pursuant to FFATA reporting requirements and in order to receive funding under this Agreement,the Recipient shall provide IHCDA with a valid Dun&Bradstreet (`D&B") Data Universal Numbering System("DUNS")number that identifies the Recipient. Accordingly, the Recipient shall register for and obtain a DUNS number within fifteen (15) days of execution of this Agreement if it does not currently have a DUNS number. A DUNS number may be requested from D&B by telephone(currently 866-705-5711)or the Internet(currently athttp://fedgov.dnb.com/webform): (b) System for Award Management(SAM). The Recipient shallregister in the System for Award Management ("SArb1"), which is the primary registrant database for the U.S- Federal Government,and shall enter any • information required by HATAkinto the SAM, update the information at least annually after the initial registration, and maintain its status in the SAM through the Expiration Date of this Agreement. Information regarding the process to register in the SAM can be obtained at https:l/www.sam.gav/portallpublic/SAM/. (c) Executive Compensation. The Recipient shall report the names and total compensation of the five (5)most highly compensated officers of Recipient in SAM if the Recipient in the preceding fiscal year received eighty percent(80%)or more of its annual gross revenues from Federal contracts and Federal financial assistance(as defined at 2 CFR 170.320) and $25,000,000 or more in annual gross revenues from Federal contracts and federal financial assistance (as defined at 2 CFR 170.320); and if the public does not have access to this information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.§§78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. The Recipient may certify that it received less than eighty percent ij (80%) of annual gross revenues from the federal government, received less than $25,000,000 of its annual • gross revenues from the federal government, already provides executive compensation to the Securities Exchange Commission, or meets the Internal Revenue Code exemption, and will not be required to submit I CDBDR2OR-018-003 G-D CITY OP BOOTH BEND page 0 Recapture . • 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 Non-Collusion and Acceptance • The undersigned attests,subject to the penalties for perjury,that the undersigned is the Recipient,or that the undersigned is the properly authorized representative,agent,member or officer of the Recipient.Further,to the undersigned's knowledge, neither the undersigned nor any other member, employee, representative, agent or officer of the Recipient, directly or indirectly,has entered into or been offered any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that a state officer, employee,or special state appointee,as those terms are defined in IC 4-2-6-1,has a financial interest in the Agreement,the ( Recipient attests to compliance with the disclosure requirements in XC 4-2-6-10.5. In Witness Whereof, Recipient and IHCDA have, through their duly authorized representatives, entered into this Agreement. The parties, having read and understood the foregoing terms of this Agreement, do by their respective signatures dated below hereby agree to the terms thereof. tkPPRO City of Soubotivid of Puhije Works Indiana Housing and Community Development Authority: By: '. By: Printed Na ., rWAS" - Printed Name: J.Jacob Sipe miry- Title: Title:Executive Director Date: /—,Lt ». Date: Grant Number D 1_ 0 : 00 CFDAN•-i;,, • • DR2OR-018-003 CDB G-D CITY OF SOUTH BEND page 10 of 24 Recapture • EXHIBIT A is ADDITIONAL PROGRAMMATIC,STATUTORY AND REGULATORY REQUIREMENTS Agreement Number: DR2OR-018-003 Recipient: City of South Bend Funding Source/Activity Type: CDBG-D $ The award recipient is bound by the contents of the Indiana Housing and Community Development Authority's (IHCDA's)Community Development Block Grant application package,CDBG Award Manual,FSP Memos,Red Notices,FAQs,the Recipient's approved application,and any other IHCDA policy,directives,or memoranda that may be published from time to time. AGREEMENT EXECUTION The Recipient must execute and return this Agreement to the Indiana Housing and Community Development Authority (IHCDA)no later than October I,2018. PROGRAM INCOME Program income, as defined in 24 CFR § 570.500(a), received by the Recipient is to be returned to the Authority upon • • expiration and/or Closeout of the Award. CLOSEOUT • A. The Recipient must submit, no later than the Expiration Date, all financial, performance information and other information as required by the tens and conditions this Agreement and IHCDA's Administrative Plan. B. The closeout of a Federal award does not affect any of the following: 1. The right of IHCDA to disallow costs and recover funds on the basis of a later audit or other review. 2. The obligation of the Recipient to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. 3. Audit requirements in subpart F of 2 CFR part 200. • 4. Real property requirements set forth in 24 CFR 570.505 and 2 CFR 200(j) and requirements related to program income in 24 CFR 570.504. 5. Records retention requirements as set forth herein. • PUBLIC ACCESS TO PROGRAM RECORDS Notwithstanding 2 CFR 200.337, the Recipient shall provide citizens with reasonable access to records regarding the past use of CDBG funds,consistent with applicable State and local laws regarding privacy and obligations of confidentiality. INELIGIBLE COUNTIES The Recipient agrees and understands that the ten(10)counties,listed below,are ineligible to receive and/or utilize CDBG- • D funding and are ineligible areas for the Recipient to conduct any activities related to the Project. Accordingly, the Recipient will be required to repay IHCDA for any costs incurred for any part of the Project undertaken in any of the counties,listed below. • Blackford Clinton Delaware Howard Lagrange Miami • Steuben Tipton Warren Wells AFFORDABILITY PERIOD CDBG D CITY OF SOUTH BEND DR20R 018-003 Page U of 24 l Recapture The Recipient must ensure that a lien is executed and recorded on every property that receives assistance through the Project. The Recipient must execute a lien and restrictive covenant prepared by IHCDA. The affordability period for a property starts at the time that the Recipient submits its completion reports for that property to IHCDA and these reports are approved. Therefore,it is in the homeowner's best interest for the Recipient to submit the completion reports to IHCDA as • soon,as possible. RECAPTURE OF ASSISTANCE Recapture Event, if any of the following events occurs,IHCDA will recapture the amount of amount of eligible CDBGD funding associated with the rehabilitation including,ER,Lead and Program Delivery. A. the homeowner transfers or conveys the property by deed,land contract,or otherwise; • B. foreclosure proceedings are commenced against the property; • C. the Real property is transferred by an instrument in lieu of foreclosure;or D. the title to the property is transferred from the homeowner through any other involuntary means. However,if the property is transferred or conveyed to a new owner,who meets the income requirements associated with the Project[income documentation must be approved by IHCDA],agrees to execute a lien and restrictive covenant prepared by IHCDA and use the property as his or her principle residence for the remainder of the affordability period,no recapture of CDBG-D funds are required. If the homeowner passes away during the affordability period,the lien still must be paid off like any other mortgage or lien, however if the property is sold to another low income family who is willing to maintain a lien on the property for the remainder of the affordability period and use the property as his or her principle residence,no recapture of funds is required. Once the homeowner dies the lien will not be forgiven past that date. AMOUNT OF RECAPTURE The amount to be recaptured shall be shall be reduced on a pro rata basis,by dividing the amount of time the homeowner(s) has used the housing for a principal residence during the Affordability Period by the total amount of time in the affordability period If there are not any proceeds,there is no amount to recapture.The net proceeds are the total sales price minus all loan and/or lien repayments. The forgiveness ratio is the ratio that calculates the amount of the subsidy that is forgiven. This ratio shall be calculated at the time of a Recapture Event,by dividing the number of full months that owner occupies the property as its principal residence by the total of number of months in the affordability period. The Recipient is ultimately responsible for repaying IHCDA for any CDBG-D funds utilized for any housing rehabilitated,or repaired that does not remain affordable for the entire affordability period. NON-COMPLIANCE. Non-compliance occurs during the affordability period when any of the following occur: 1) the homeowner no longer occupies the property as his or her principal residence(i.e.,the property is rented or vacant),or 2)the property was sold during the affordability period and the recapture provisions were not enforced and/or neither IHCDA nor the Recipient received notice. In the event of noncompliance,the owner must repay the entire amount of the CDBG-D funds that were invested into the property. Net Proceeds("as defined above")and the forgiveness are not applicable when there is a non- compliance. THEREFORE,IT IS IMPERATIVE THAT TNF OWNER DOES NOT ABANDON OR LEASE THE PROPERTY DURING THE AFFORDABILITY PERIOD. FORM OF ASSISTANCE The Recipient must provide this award as a recoverable grant,amortized loan,or deferred loan directly to the beneficiary. • • LEVERAGING FUNDS There is a ten percent(10%)leveraging requirement for the Award. Proposed leveraging funds should be expended on a pro rata basis with CDBG-D funds to the greatest extent possible. Documentation of eligible leveraging funds expenditure must be submitted to IHCDA with completion reports. In the event an award, considered as eligible CDBG-D leverage, is not made to the housing activity,the Recipient must • provide verification of an alternate source of CDBG-D leverage funding. In the event an eligible source of funding is not secured,all funds under this Agreement will be recaptured by IHCDA. CDBG-D CITY OF SOUTH BEND DR2OR 018-003 Recapture Page 12 of 24 • • Contributions of volunteer labor and materials may not be taken into account as such when determining the lowest bid;the total bid(including all volunteer contributions)must be used. Contributions of volunteer labor and materials must be documented. Receipts or comparable documentation of price of donated materials must 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$10 per hour for unskilled workers. Any eligible leverage used for the Award will be documented. These eligible sources of leverage may be used or shared to meet requirements for a future housing activity. Please contact your IHCDA Real Estate Production Analyst to discuss eligible forms of match/leverage. DAVIS-BACON The Davis-Bacon Act requires that workers on certain federally assisted housing activities receive no less than the prevailing wages being 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 is for the following activities that are funded in whole or in part by CDBG-D 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 CDBG-D funds fmance only a portion of the construction work,labor standards are applicable to the entire project. If the Project meets any of the criteria described in the paragraph above,the Recipient certifies that it will comply with the Davis Bacon Act and include the Davis Bacon Provisions contained in HUD Form 4010 and referenced in Exhibit D of this Agreement into all contracts with any contractor working on the Project currently or hereafter. Accordingly,Recipient 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 nbt 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. The Recipient is responsible for contacting its IHCDA Compliance Monitor to ascertain whether Davis-Bacon wages are required. If Davis-Bacon is applicable, the Recipient may contact its IHCDA Compliance Monitor to set up a pre- construction conference. 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 in order to receive a particular service,benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964(Title VI)and its implementing regulations,the Recipient agrees to take reasonable steps to ensure meaningful access to activities funded with CDBG-D funds or DR-2 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. UNIFORM RELOCATION ACT Commitment of funds to housing activities for any acquisition, rehabilitation, demolition, purchase assistance, and/or relocation activities is conditioned upon IHCDA verification of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(URA),as amended,and the implementing regulations at 49 CFR Part 24. SUBSTANTIAL RECONSTRUCTION/REPLACEMENT HOUSING • • DR20&OI8-003 CDBG D CITY OF SOUTH BEND Page I of-003 Recapture e 1 Proposed reconstruction or demolition and replacement of units must be approved by IHCDA prior to the commitment of • • funds. Manufactured replacement housing requires specific approval as well. Refer to IHCDA's Substantial Reconstruction Policy for detailed requirements. s CITIZEN PARTICIPATION The Recipient must conduct at least two(2).public hearings,for the purpose of obtaining citizens'input and formulating or responding to proposals and questions about the Project. The first hearing should be conducted before the Recipient submits its application. The second hearing must be conducted after the Project is completed but before the Recipient submits its closeout documents. Together, the hearings must address community development and housing needs, development of proposed activities and review of program performance. A legal notice must be published to announce the meeting and the minutes of the meeting must be retained by the Recipient. It is acceptable to conduct the heating during any regularly held public meeting, such as a town council meeting,provided all other requirements are met. Recipient must conduct the hearings in accordance with the guidance set forth in the Award Manual. The Recipient shall establish procedures for responding to citizen's complaints regarding the activities carried out utilizing these funds. Citizens should be providing with air appropriate address,phone number, and times during which they may submit such complaints. The Recipient should provide a written response to every citizen complaint within fifteen (15) working days of the complaint. RELIGIOUS ORGANIZATIONS Organizations that are religious or faith-based are eligible,on the same basis as any other organization,to participate in the CDBG program. Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship,religious instruction, or proselytization, as part of the assistance funded under this part. If an organization conducts such activities,the activities must be offered separately, in time or location, from the assistance • funded under this part,and participation must be voluntary for the beneficiaries of the assistance provided. A religious organization that participates in the CDBG program will retain its independence from Federal,State,and local governments, and may continue to carry out its mission, including the definition,practice,and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities, without removing religious art, icons, scriptures, or other religious symbols. In addition, a CDBG-funded religious • organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis,and include religious references in its organization's mission statements and other governing documents. An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against a • program beneficiary or prospective program beneficiary on the basis of religion or religious belief. I CDBG funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for'inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part. • Where a structure is used for both eligible and inherently religious activities,CDBG funds may not exceed the cost of those portions of the acquisition, construction,or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG • funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of real property after the term of the grant,or any change in use of the property during the term of the grant,is subject to government-wide regulations governing real property disposition(see 2 CFR 200.311). LEAD-BASED PAINT 1992 FThe Lead-Based Paint Poisoning Prevention Act(--4846),the Residential Lead-Based Paint Hazard Reduction Act of I 40 992 (42 U.S.C.§§4851-4856),and implementing regulations in 24 CFR part 35,subparts A,B,H,J,K,M,R, and apply to all housing occupied by program participants. Lead-based paint requirements apply to dwelling units built prior to [ 1978 that are occupied or can be occupied by families with children under six years of age, excluding zero bedroom 1dwellings. Accordingly the Recipient must ensure that the following steps are being taken: v 1. Provision of all prospective families with"Protect Your Family from Lead in Your Home", 2. Disclosure of known lead-based paint hazards to prospective tenants before the lease is signedDRz012 Ons-003 CDBG-D CITY OF SOUTH BEND Page 11 -003 I Recapture •k c J • 3. Performance of a risk assessment for deteriorated paint, 4. Stabilization of deteriorated painted surfaces and performance of hazard reduction activities, 5. Notification of tenants each time such an activity is performed, 6. Conducting all work in accordance with HUD safe practices, 7. Maintaining records concerning paint stabilization by owners of deteriorated paint. $. Performing clearance examinations after paint stabilization and before re-occupancy. 9. Performing ongoing lead-based paint maintenance when there is an ongoing relationship with HUD. 10. If the Recipient is notified by a public health department or other medical health care provider, or verifies information from a source other than a public health department or medical health care provider,that a child of less than 6 years of age, living in an HOPWA assisted unit has been identified as having an environmental intervention blood lead level("EIBLL"),the Recipient must complete a risk assessment of the dwelling unit. The risk assessment must be completed in accordance with program requirements, and the result of the risk assessment must be immediately provided to the owner of the dwelling unit.In cases where the public health department has already completed an evaluation of the unit,this information must be provided to the owner. 11. Maintaining records of actions taken concerning a child with an EIBLL in a covered unit. 12. As part of ongoing maintenance asking each family to report deteriorated paint. SECTION 3 REQUIREMENTS Any recipient receiving an aggregate amount of$200,000 or more from one (1) or more of the HUD CPD programs (i.e. CDBG, HOME, NSP,HOPWA,ESG, etc.)in a program year must comply with the Section 3 requirements. Section 3 provides preference to low- and very-low-income residents of the local community (regardless of race or gender) and the businesses that substantially employ these persons,for new employment, training, and contracting opportunities resulting from HUD-funded projects. MBE/WBE The Recipient shall exercise their "best efforts" to ensure that MBE/WBE's are given the opportunity to participate in • CDBG funded contracts,including contracts for services,supplies and construction activities. Indiana has adopted a goal of • ten percent (10%) aggregate participation for minority- and/or women-owned business enterprises in CDBG funded projects. The Recipient must maintain documentation supporting their"best efforts"for monitoring and auditing purposes. • The Recipient must document solicitation of MBE/WBE firms through Certified Mail receipts, Certificates of Mailing, • receipts from hand-delivery of notices,or email.For email notification,the Recipients should use a`delivery receipt'and/or 'read receipt' function on the email and maintain a copy of both the email and the verification that it was delivered and/or opened. FAIR HOUSING • The Recipient must take steps to affirmatively further fair housing; and when gathering public input, planning, and implementing housing related activities,will include participation by neighborhood organizations,community development organizations, social service organizations, community housing development organizations, community development organizations,and members of each affected community or neighborhood which might fall into the assistance category of low and moderate income communities. MODIFICATIONS The Recipient must contact IHCDA prior to requesting an amendment or modification that affects the budget,activities, beneficiaries,or time frame for accomplishing the proposed activities. Substantial amendments may be cause for IHCDA to review the Application submitted to determine whether the Project is meeting is stated goals and timelines. This Agreement may not be modified except by an instrument in writing executed by each of the parties hereto CONFIDENTIALITY The Recipient must adopt procedures to ensure that all client information is handled and maintained in a confidential manner and in compliance with the requirements of all applicable state or federal laws,rules,and regulations,including,but not limited to,those relating to the release of Social Security numbers in I.C. § 4-1-10 and the notice of security breach [ provisions in I.C. §4-1-11. Confidential information means any individually identifiable information, whether oral or written, about the participants who receive services and/or assistance from grantees and/or sub-recipients of the IHCDA. Employees,agents, contractors or others who require access to confidential client information must sign a confidentiality agreement commensurate with the conditions set forth in this Agreement. CDBG-D CITY OF SOUTH BEND • Page I DR20&OI8--003 003 j Recapture I . BONDING REQUIREMENTS For any construction contracts or subcontracts exceeding$100,000,the following is required: • A. A bid guarantee from each bidder equivalent to five percent(5%)of the bid price.The"bid guarantee"shall consist of a ficin commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder will,upon acceptance of his bid,execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for one hundred percent(100%)of the contract price. "performance bond"is a bond executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for one hundred percent(100%)of the contract price.A"payment bond"is a bond executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. D. Where bonds are required, The bonds shall be obtained from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223,"Surety Companies Doing Business with the United States." LIEN WAIVERS For any construction contract or subcontract exceeding$100,000,the Recipient must ensure that each contractor executes a lien waiver for all services, construction work performed, materials furnished, and equipment and fixtures furnished. THCDA must receive copies of any and all affidavits,indemnity agreements,lien waivers,certificates,and other documents as requested. FLOOD PLAIN PROHIBITION The Award cannot be used to rehabilitate a home where it or its land is located within the boundaries of a one hundred (100)-year floodplain. CONSTRUCTION SIGNAGE If construction signage is used that mentions the names of any specific funding entities, the Indiana Housing and Community Development Authority's name shall appear on such signage. CONFLICT OF INTEREST POLICY The Recipient must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engage in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection,award,or administration of a contract supported by the Award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.The officers, employees,and agents of the Recipient may neither solicit nor accept gratuities,favors,or anything of monetary value from contractors or parties to subcontracts. However, the Recipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers,employees,or agents of the Recipient. If the Recipient has a parent, affiliate,or subsidiary organization that is not a state, local government,or Indian tribe,the Recipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The Recipient's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase.Where appropriate,an analysis will be made of lease versus purchase alternatives,and any other appropriate analysis to determine the most economical approach. CDBG-D CITY OF SOUTH BEND 03 l Page DR2OR-018-003-003 Recapture CONFLICT OF INTEREST DISCLOSURE The Recipient must disclose in writing any potential conflict of interest to IHCDA. MANDATORY DISCLOSURE The Recipient must disclose,in a timely manner,in writing to IHCDA all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The Recipient's failure to make these disclosures may subject to the Recipient to remedies of noncompliance set forth in 2 CFR 200.338, which includes suspension or debarment, INTERNAL CONTROLS The Recipient must: A. Establish and maintain effective internal control over federal funds that provides reasonable assurance that the Recipient is managing federal funds in compliance with Federal statutes,regulations, and the terms and conditions of the federal funding. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission(COSO}. B. Comply with Federal statutes,regulations,and the terms and conditions of federal funds. C. Evaluate and monitor the Recipient's compliance with statutes,regulations and the terms and conditions of the federal funds. • • D. Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. E. Take reasonable measures to safeguard protected personally identifiable information and other information that IHCDA or HUD designates as sensitive or the Recipient considers sensitive consistent with applicable Federal,state,local,and tribal laws regarding privacy and obligations of confidentiality. • • • • • • • • CDBG-D CITY OF SOUTH BEND DR20R 018-003 Recapture Page 17 of 24 • (FF. S ' • • • EXHIBIT 13 BUDGET Agreement Number: DR2OR-018-003 Recipient: City of South Bend Funding Source/Activity Type: CDBG-D Ei is Budget Line-Item Total Allowable Amount Contract for Hazard Control Work $118,750 Staff Support $10,161 Personnel(Direct Labor) $6,250 Fringe Benefits $8,745 Total Match • $143,906 E , is - Er CDBG-D CITY of SOUTH BEND DR2OR-018-003 Recapture Page 18 of 24 • • CONSTRUCTION SCHEDULE RECIPIENT MUST INDICATE THE MONTH AND YEAR THESE BENCHMARKS WILL BE COMPLETED WITHIN THE TERM OF THE AWARD { Effective date August 31,2018 • Expiration date December 31,2018 • • ACTIVITY Percentage Percentage of funds drawn on November 1,2018 Recipients will be required to explain the cause of any delay(s)and provide a detailed timeline:Not meeting these benchmarks could result in de-obligation of funds and will be taken into consideration on future applications with a possible deduction of points. Meeting or exceeding benchmarks will be taken into consideration with possible bonus points • • • 9 i CDBG-D CITY OF SOUTH BEND DR2OR 018-003 Page 19 of 24 Recapture EXHIBIT C CDBG-D ASSURANCES AND CERTIFICATION The Recipient or Borrower hereby represents and warrants that: 1) It possesses legal authority to execute the proposed program. 2) Its governing body has duly adopted or passed as an official act a resolution,motion or similar action authorizing the • execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Recipient or Borrower to act in connection with this Agreement and to provide such additional information as may be required. 3) It has complied with all requirements of Executive Order 12372,and that either: A. Any comments or recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application;or B. The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. 4) It has facilitated or will facilitate citizen participation by: A. Publishing a statement of proposed activities so that affected citizens have an opportunity to submit comments on the proposed activities and community development performance of the Recipient or Borrower; B. Providing adequate notices for two or snore public hearings,specifically to persons of low and moderate income; C. Holding two or more public hearings on the proposed application at times and locations convenient to potential beneficiaries, convenient to the physically disabled, and meeting needs of non-English speaking residents, if appropriate,to obtain citizens'views before adoption of a resolution or similar action by the local governing body authorizing the filing of the application; D. Providing citizens information concerning the amount of funds available for proposed community development activities and the range of those activities; E. Providing citizens with information concerning the amount of funds that will benefit persons of low and moderate income; F. Furnishing citizens with the plans made to minimize the displacement of persons and to assist persons actually . displaced as a result of program activities; G. Providing technical assistance to groups representing persons of low and moderate income requesting such • assistance in developing proposals; H. Providing citizens with reasonable notice•of substantial changes proposed in the use of program funds and providing opportunity for public comment; I. Providing citizens with reasonable access to records regarding the past use of CDBG funds received;and •• I. Ensuring that any modifications or amendments of the program that are made from time to time will be made in accordance with the same procedures required in(d)for the preparation and submission of a statement of proposed activities. 5) It has developed a cotnmunity development plan,which at a minimum, A. Identifies the Recipient or Borrower's community development needs and housing needs;and B. Specifies both the short-term and long-term community development objectives that have been developed in accordance with the primaty objectives of 24 CFR Part 570. 6) The Community Development program has been developed to give maximum feasible priority to activities which will benefit low and moderate income families,or aid in the prevention or elimination of slums or blight. 7) It will minimize displacement of persons and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of activities associated with program funds. • ti CDBG-D CITY OF SOUTH BEND DR20R OI8-003 Page 20 of 24 Recapture 8) It will not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income including any fee charged or assessment made as a condition of obtaining access to such public improvements,unless (0 CDBG funds received are used to pay the proportion of such fee or assessment, that relates to the capital costs of public improvements that are financed from revenue sources other than CDBG funds; or (ii) for purposes of assisting any amount against properties owned and occupied by persons of low and moderate income who are not persons of very tow income,the borrower certified to the Secretary or such State, as the case may be, that it lacks sufficient funds received from the CDB G Program to comply with the requirements of clause. 9) It will comply with all requirements imposed by the State concerning special requirements of law, program EE requirements,and other administrative requirements approved in accordance with OMB Circular No. A-102,Revised, which includes a provision that program or project completion be no later than eighteen (18) months from project startup,inclusive of the bid process for professional and engineering services and program close-out 10) It will comply with: A. Section 110 of the Housing and Community Development Act of 1974,as amended,by the Housing and Urban- Rural Recovery Act of 1983 and the Housing and Community Development Act of 1987,24 CFR 570.603, and State regulation regarding the administration and enforcement of labor standards; B. The provisions of the Davis-Bacon Act(46 U.S.C.276a-5)which prescribe prevailing wage rates for construction trades for all projects except residential structures of less than 8 units; C, Contract Work Hours and Safety Standards Act of 1962,40 U.S.C.327-332,requiring that mechanics and laborers ' (including watchmen and guards)employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work-week; D. Federal Fair Labor Standards Act,29 U.S.C. 102,requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rate for all hours worked in excess of the prescribed work-week;and • E. Anti-kickback(Copeland)Act of 1934, 18 U.S.C. 874 and 40 U.S.C.276c,which outlaws and prescribes penalties for"kickbacks"ofwages in federally financed or assisted construction activities. 11) It will comply with: A. Title VI of the Civil Rights Act of 1964(Public Law 88-352,42 U.S.C.2000d),which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied'the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient or Borrower received Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient or Borrower,this assurance shall obligate the Recipient or Borrower,or in the case of any transfer of such property, any transferee,for the period during which the real property or structure is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; B. The Fair Housing Act(Public Law 90-284,42 U.S.C.3601-20)administering all programs and activities relating • to housing and community development in a manner to affirmatively further fair housing in the sale or rental of housing,the financing of housing,and the provision of brokerage services; C. Section 109 of Title I of the Housing and Community Development Act of 1987,as amended,and the regulations issued pursuant thereto (24 CFR 570.602),which prohibits any person from discrimination in the sale or rental of housing, the financing of housing,or the provision of brokerage services on the grounds of race,color,religion, sex,national origin,handicap or familial status. D. Any prohibition agaiizst discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to otherwise qualified physically disabled individuals as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program activity; E. Executive Order 11063, as amended by Executive Order 12259 on equal opportunity in housing and non- discrimination in the sale or rental of housing built with Federal assistance, and requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968;and F. Executive Order 11246 as amended by Executive Order 11375 and 12086, and the regulations issued pursuant thereto(24 CFR Part 130 and 41 Chapter 60 and the Indiana Code(I.C.22-9-10)),which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all Ohass of CDBG-D CITY OF SOUTH BEND PageDR2O01a-003 Recapture employment during the performance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contract shall take affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation and selection for training and apprenticeship. 12) It will comply with Section 3 of the Housing and Urban Development Act of 1968,as amended,requiring that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in,or owned in substantial part by,persons residing within the unit of local government. 13) It will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,and Federal implementing regulation at 49 CFR Part 24,and the requirements of Section 570.496a and it is following a residential anti-displacement and relocation assistance plan under section 104(d)of Title I of the Housing &Community Development Act of 1974,as amended. 14) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family, business or other ties. ti 15) It will abide by the provision that no member, officer, or employee of the borrower or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or Iocalities who exercise any functions or responsibilities with respect to the program during the tenure or for one year thereafter shall have any direct or indirect interest in any contractor,subcontractor,or the proceeds thereof, financed in whole or in part with Title I grants. • • 16) It will comply with the provisions of the Hatch Act which limits the political activity of employees. • 17) It will give the State,IIICDA,HOD and the Comptroller General,through any authorized representatives,access to and the right to examine all records,books,papers,or documents related to the loan. 18) Its chief executive officer or other officer of the Recipient or Borrower approved by the Indiana Housing and Community Development Authority: A. Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969(NEPA)(42 U.S.C.4321)and other provisions of Federal law,as specified at 24 CFR 58.1 (a)(3)and(a)(4); and B. Is authorized and consents on behalf of the Recipient or Borrower to accept the jurisdiction of the Federal courts • for the purpose of enforcement of responsibilities as such an official. 19) It will comply with: •A. The National Environmental Policy Act of 1969 (42 U.S.C. 4321) and 24 CFR 58, and in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966(16 U.S.C.470),Executive Order 11593, and the Preservation of Archaeological and Historical Data Act of 1966(U.S.C.469a-1)by: i. Consulting with the State Historic Preservation Officer to.identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the • proposed activity;and ii. Complying with all requirements established by the State and to avoid or mitigate adverse effects upon such prop miles. • B. Executive Order 11988,Floodplain Management; C. Executive Order 11990,Protection of Wetlands; D. The Endangered Species Act of 1973,as amended,(16 U.S.C.1531); E. The Fish and Wildlife Coordination Act of 1958,as amended,(16 U.S.C.661); F. The Wild and Scenic Rivers Act of 1968,as amended,(16 U.S.G.300f); CABDT�oR ozs_oo3 G-D CITY OF SOUTH BEND Page 22 -003 Recapture G. The Safe Drinking Water Act of 1974,as amended,(42 U.S.C.7401); H. Section 40.1(f)of the Lead-Based Paint Poisoning Prevention Act,as amended,(42 U.S.C.4831(b)); I. The Clean Air Act of 1970,as amended,(42 U.S.C.7401); J. The Federal Water Pollution Control Act of 1972,as amended,(33 U.S.C. 1251); K. The Clean Water Act of 1977(Public Law 95-217); L. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976(42 U.S.C. 6901);and M. Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C: 4106) as it relates to the mandatory purchase of flood insurance for special flood hazard areas. 20) It will comply with all parts of Title I of the Housing and Community Development Act of 1974,as amended. - 21) It will comply with the provisions of the Indiana Code(LC.)35-44-1-3 and 4. 22) It agrees to repay to the State of Indiana any funds under this program that,as the result of'a HUD or State of Indiana authorized audit,are found to have been spent in an unauthorized manner or for unauthorized activities. 23) It certifies that none of the funds being applied for will be used to substitute for any local, state, federal or private dollars that have been committed to the project as proposed in this application. • 24) It certifies that it has adopted and will enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;and enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction (Section 104(1) of the Housing & Community Development Act of 1974,as amended). 25) It certifies that pursuant to 31 U.S.C.1352,and any regulations promulgated thereunder: Ft A. No federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient or Borrower,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 any Federal grant,the making of any Federal loan,the entering into of any cooperative, agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. • B. If any funds other than Federal 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 employee of Congress,or an employee of a Member of Congress in connection with the proposed Federal contract,grant,loan or cooperative agreement,the Recipient or Borrower shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. C. The Recipient or Borrower shall require that the language of this certification be included in the award documents for all sub awards at all tiers(including subcontracts,sub grants,and contracts under grants,loans,and cooperative agreements)and that all sub recipients shall certify and disclose accordingly. • 26) Recipient or Borrower hereby authorizes IHCDA and its successors, affiliates, agents and assigns to utilize in any manner and at any time,any photograph,picture or other medium(collectively"photographs")of the property covered iby this Application, without limitation, in any and all matters, publications or endeavors, commercial or noncommercial, undertaken directly or indirectly by IHCDA at any time on or after the date of this Recipient or Borrower without any limitation whatsoever. Recipient or Borrower understands that: (1)it is relinquishing any and all ownership rights in any such photograph,picture or medium to IHCDA; and, (ii)it is relinquishing any and all legal rights that it may now or hereafter have to,directly or indirectly,challenge,question or otherwise terminate the use of the photograph by IHCDA. 27) Neither the Recipient or Borrower,nor its principals or subcontractors is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency from doing business with the Federal Goveriunent. ' I CDBDR20R 018-003 G-D CITY OF SOUTH BEND page01 -003 Recapture Appendix A Duplication of Benefits Affidavit("Affidavit") I/We, affirm the following: 1. I/We own real property at _ (City/Town),Indiana(the"Residence")which is located in an areathat was impacted by the floods of 2008. 2. I/We is/are executing this Affidavit in connection with the rehabilitation of the Residence by (Organization) through a homeowner rehabilitation project funded under the Indiana Housing and Community Development Authority's ("IHCDA's")Weatherization Owner-Occupied Rehabilitation Program(the"Program"). • 3. In addition, I/We have received or will receive the following amounts and types of assistance from the sources listed below("Duplicative Assistance")for the rehabilitation of the Residence,structural repair of the Residence or replacement housing: a. Insurance(Flood Insurance,Homeowner's,etc.)$ b. Federal Emergency Management Agency(FEMA) c. Small Business Administration(SBA)Loan$ d. The American Red Cross(Red Cross)$ • e. Other agencies(besides IHCDA)$ 4. I/We have received no other assistance funds in the for rehabilitation of the Residence, structural repair of the Residence or replacement housing other than that set forth above in paragraph 4. 5. 42 U.S.C.5155(a)prohibits federal agencies from providing assistance to any person for"any part of such loss"as to which he has received financial assistance under any other program or from insurance or any other source(such as,FEMA,SBA,Insurance,etc.). 6. I/We understand that the amount of assistance received by I/We from IHCDA must be reduced by the amount of Duplicative Assistance received or will be received for rehabilitation of the Residence, structural repair of the Residence or replacement housing, from other sources (such as, FEMA, SBA, the Red Cross, homeowner's insurance,etc.)for the same purpose. 7. Therefore, I/We understand that if I/We receive assistance from a source other than IHCDA (such as, FEMA, SEA,.the Red Cross,homeowner's insurance,etc.)for the rehabilitation of the Residence,structural repair of the Residence or replacement housing,I/We must repay the assistance received from IHCDA. 8. I/We certify under State and Federal penalties for perjury and fraud that the information provided above is true and accurate and acknowledge that repayment of all assistance received by Me/Us from IHCDA, payment of fines and/or imprisonment may be required in the event that I/We provide false,incomplete or misleading information in this Affidavit or during the rest of this process. Property Owner Signature of Property Owner Date Property Owner Signature of Property Owner Date CDBG-D CITY OF SOUTH BEND DR2OR-018-003 Recapture Page 24 of 24