22D-034 Beattyville Wastewater Treatment Plant (WWTP) Rehabilitation Project - Grant Agreement [ pdf , 1MB]

22D-034 Beattyville Wastewater Treatment Plant (WWTP) Rehabilitation Project - Grant Agreement [ pdf , 1MB] is sponsored by Kentucky Dept. for Local Government. 22D-035 Jackson Water Treatment Plant Phase II - Grant Agreement [ pdf , 1MB] <span class="far fa-cloud-download-alt d Category: Environment.

# Commonwealth of Kentucky Document Number: PON2 112 2600000100 Version: 1 Document Description: 22D-034 Wastewater Treatment Plant Rehabilitation Project Cited Authority: KRS147A. 002 Community Block Grant Program E-mail: Jennifer. Peters@ky.

gov Vendor Name: Vendor No. KY0032912 CITY OF BEATTYVILLE Vendor Contact Water Payments Name: Sally Gilbert PO BOX 307 Phone: 606-464-5007 BEATTYVILLE KY 41311 E-mail: sgilbert@beattyville.

org Shipping Information: Billing Information: Department for Local Government - Office of Grants Department for Local Government - Office of Grants 100 Airport Rd, 3rd Fl 100 Airport Rd, 3rd Fl Frankfort KY 40601 Frankfort KY 40601 Effective From: 01/31/2026 Effective To: 12/30/2028 Line Item Delivery Date Quantity Unit Description Unit Price Contract Amount Total Price 1 0.

00000 22D-034 Wastewater Treatment Plant Rehabilitation Project $0. 000000 $2,304,000. 00 $2,304,000.

00 Location: City of Beattyville, Lee County, Kentucky Scope of Services: The project consists of the rehabilitation, to include various items, of the existing 300,000 GPD wastewater treatment plant (WWTP) to maintain daily operations. The plant suffered damage during the 2022 flood event. TOTAL CONTRACT AMOUNT $2,304,000.

00 GRANT INFORMATION AND IDENTIFICATION Grant Agreement Number: 22D-034 Subrecipient: City of Beattyville Project Name: Wastewater Treatment Plant Rehabilitation Project Federal Agency: U.S. Department of Housing and Urban Development Pass-Through Agency: Kentucky Department for Local Government Assistance Listing: Community Development Block Grant/State’s Program (formerly CFDA) (State-Administered Small Cities Program) Disaster Recovery Assistance Listing Number: 14.

228 This Grant Agreement (GA) is entered into, by and between the Commonwealth of Kentucky, Department for Local Government (“the Commonwealth”) and the City of Beattyville (“the Recipient/Contractor”) to establish an agreement for the Wastewater Treatment Plant Rehabilitation Project. The initial GA is effective from January 31, 2026, through December 30, 2028.

Location: City of Beattyville, Lee County, Kentucky > Document Phase Document Description Page 2 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 The project consists of the rehabilitation, to include various items, of the existing 300,000 GPD wastewater treatment plant (WWTP) to maintain daily operations. The plant suffered damage during the 2022 flood event.

Community Development Block Grant (CDBG) $2,304,000 Project costs: $2,224,000 Project Deliverables Costs: $80,000 RECITALS WHEREAS, pursuant to Public Law 117-180, Federal Register Vol.

88, No.96, at 88 FR 32046, the U.S. Department of Housing and Urban Development (“HUD”) has awarded a total of $297,994,000 in Community Development Block Grant Disaster Recovery (“CDBG-DR”) funds to the Commonwealth for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)

and described in the Commonwealth’s Action Plan (the “Action Plan”); and WHEREAS, the Commonwealth wishes to engage the Recipient to assist the Commonwealth in utilizing such funds to carry out a part of the Commonwealth’s Federal award by committing $2,304,000 of the Commonwealth’s Federal award, pursuant to this Agreement; and WHEREAS, the CDBG-DR funds made available for use by the Recipient under this Agreement constitutes a subaward of the Grantee’s Federal award, the use of which must be in accordance with requirements imposed by Federal statutes, regulations, and the terms and conditions of the Grantee’s Federal award; and WHEREAS, this Project will provide the necessary infrastructure to support the homes being constructed to assist those who lost their homes during the disaster; and WHEREAS, the Recipient has legal authority to enter this agreement, and the Recipient’s governing body has duly adopted a resolution authorizing the Recipient to enter this Agreement with the Grantee, and by signing this Agreement, to assure the Grantee that it will comply with all the requirements of the subaward described herein; and NOW, THEREFORE, in consideration of the need for support of long-term recovery and mitigation efforts following the 2022 severe storms, flooding, landslides, and mudslides (DR-4663) and the premises and mutual covenants described herein, the parties mutually agree to the terms described in this Agreement.

This Grant Agreement, hereinafter called the “Agreement,” shall consist of the following documents which are incorporated by reference as if fully set out herein: (1) the Grant Agreement and all exhibits to which this Grant Agreement refers; (2) the Application, including the Statement of Assurances; (3) all State and Federal Law requirements to which the Application and this Agreement refer or apply; (4) the Kentucky Community Development Block Grant Handbook currently in effect, plus any advisories, including applicable Community Development Block Grant Disaster Recovery (“CDBG-DR”) Grant Subrecipient Manual; (5) The Guide to National Objectives and Eligible Activities for State CDBG Programs; (6) any applicable administrative regulations; and (7) any amendments or modifications to any of the above referenced requirements.

> Document Phase Document Description Page 3 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement: (1) "Act" means the Housing and Community Development Act of 1974, Pub. L.

No. 93-383, as amended, including Public Law 117-180 and Allocations for Community Development Block Grant-Disaster Recovery and Implementation of the CDBG-DR Consolidated Waivers and Alternative Requirements Notice, Federal Register Vol. 88, No. 96, at 88 FR 32046.

(2) "Application" means the Commonwealth Small Cities Community Development Block Grant (CDBG) Application, and such other submittals, as are specified in Exhibit A of this Grant Agreement.

(3) "CDBG" means a grant guided by Title I of the Housing and Community Development Act of 1974, as amended and those regulations set forth in 24 CFR Part 570, Subpart I, as may be amended from time to time and all other applicable Federal and State regulations and laws and assurances signed by Recipient at the time the Recipient's Application was submitted.

(4) "Commonwealth" when not used to designate the territory of the Commonwealth of Kentucky shall mean the Department for Local Government, its Commissioner, or any other person to whom the Commissioner has delegated authority to act with respect to matters covered by this Agreement. (5) "Default" means any default set forth in Section 6-A to this Agreement.

(6) "Eligible Costs" means costs for the activities specified in Exhibit B of this Agreement for which grant funds are budgeted as specified in Exhibit C of this Agreement, provided that such costs (i) are incurred in connection with any activity which is eligible under Section 105A of Title I of the Act, and (ii) conform to the requirements of Attachment B of Office of Management and Budget Circular Omni Circular (Cost Principles Applicable to Grants and Contracts with State and Local Government), as may be amended from time to time.

For purposes of determining the conformity of costs to said Attachment B, all costs set forth in Section C thereof may be considered eligible without prior approval of the Commonwealth. (7) "Environmental Conditions" means the condition imposed by law, particularly 24 CFR Part 58, and the provisions of the Agreement which prohibit or limit the commitment and use of grant funds until certain procedural requirements have been completed.

(8) "Environmental Requirements" means the requirements described in 24 CFR Part 58. (9) "Environmental Studies" means all eligible activities necessary to produce an "environmental document", as that term is defined at Section 1508. 10 of 40 CFR Part 1508, or to comply with the requirements of 24 CFR Part 58.

(10) "Grant Funds" means those funds to be provided by the Commonwealth to Recipient pursuant to the terms of this Agreement, as specified in Exhibit A of this Agreement. (11) "HUD" means the United States Department of Housing and Urban Development. (12) "Participating Party" means any person, entity, firm, corporation or funding source identified as such in Exhibit A and/or B to this Agreement.

> Document Phase Document Description Page 4 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 (13) "Program Income" means the CDBG portion of: (i) any income earned by Recipient, or an agent or agency of Recipient, from the disposition of real or personal property acquired in whole or in part with grant funds; (ii) the repayment proceeds (including principal and interest) of any loan made in whole or part with grant funds; (iii) any other revenues defined as program income in 24 CFR Part 570, Subpart J.

The "CDBG portion" means an amount computed by applying the percentage of participation of CDBG funds (i) in the acquisition cost of the property to the total income from the disposition of such property, (ii) in the amount of the loan to the total repayment proceeds of such loan, or, (iii) in the cost of an activity to the total income from such activity.

Any waiver and alternative requirement are applicable for gross income generated from the use of CDBG-DR funds, as that term is defined in Allocations for Community Development Block Grant–Disaster Recovery and Implementation of the CDBG-DR Consolidated Waivers and Alternative Requirements Notice. Federal Register, Vol. 88, No. 96 (88 FR 32046).

(14) "Project" means the activities described in the Application and in Exhibits B and C of this Agreement, which are to be carried out to meet the objectives of the CDBG Program. (15) "Recipient" means the CDBG-DR eligible applicant receiving grant funds pursuant to this Agreement, as more particularly identified on the cover page of this Agreement, as well as “contractor” as defined in KRS 45A. 030.

(16) "Recipient Activities" means those activities of the Project to be carried out by the Recipient, its agent or agency, which activities are described in Exhibit B of this Agreement and further defined in the Application. (17) “Subrecipient” means governmental or private nonprofit organizations chosen by the Recipient to undertake certain eligible CDBG activities identified as such in Exhibit A and/or B to this Agreement. 2.

AMOUNT AND AUTHORIZED USES OF GRANT FUNDS A. Grant Assistance Provided In consideration of the various obligations undertaken by the Recipient pursuant to this Agreement, as represented by the Recipient in the Application, the Commonwealth agrees, subject to the terms and conditions set forth herein, to provide the Recipient with grant funds in the amount specified in Exhibit A of this Agreement. B.

Authorized Uses of Grant Funds The grant funds provided to the Recipient pursuant to this Agreement shall be used only for the specific purposes described in Exhibit B of this Agreement and in the amounts budgeted in Exhibit C of this Agreement, subject to the project amendments provisions of the Commonwealth CDBG program. C.

Adjustments to Grant Funds (1) The amount of grant funds which the Commonwealth has agreed to provide to the Recipient under this Agreement has been determined by the Commonwealth in reliance upon the cost estimates of the Recipient with respect to the activities set forth in the Application.

The Commonwealth reserves the right to reduce the grant amount (i) to conform to any revision to which the Recipient and the Commonwealth may agree with respect to Exhibits B or C of this > Document Phase Document Description Page 5 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 Agreement, (ii) if the actual costs for activities are lower than those set forth in Exhibits B or C of this Agreement, or (iii) if the investment by Participating Parties is less than the amount specified in Exhibits B, C or D.

(2) The parties understand that funding pursuant to this Agreement may be discontinued by the General Assembly in subsequent budgets. D. Recipient's Use of Program Income (1) All Program Income shall be returned by the Recipient to the Department for Local Government.

(2) All Program Income which is received by the Recipient, prior to completion of all Recipient Activities shall be used prior to, and in place of, any draw of grant funds to the extent adequate to pay costs so incurred.

(3) Unless otherwise specifically stated in Exhibit B of this Agreement, all Program Income received by the Recipient, after completion of all Recipient Activities shall be returned to the Department for Local Government. 3.

DISBURSEMENT OF GRANT FUNDS (1) Promptly after the Commonwealth has received from the Recipient two (2) fully executed copies of this Agreement and has approved evidentiary materials required by Exhibit D of this Agreement that would allow a draw of grant funds pursuant to the terms of Exhibits B and C of this Agreement, the Commonwealth shall authorize the amount of grant funds specified in Exhibit A of this Agreement.

(2) The Recipient is authorized to draw grant funds only in accordance with the provisions of this Agreement and the procedures established by the Commonwealth.

No payment by the Commonwealth of an improper or unauthorized draw to the Recipient shall constitute a waiver of the right of the Commonwealth to challenge the validity of said draw, to enforce all rights and remedies set forth in the Agreement, or take corrective or remedial administrative action, which action may include, without limitation, suspension or termination of the Recipient's funding under this Agreement.

(3) The disposition of any grant funds that remain available following completion of the Project, termination of this Agreement by the Commonwealth, or termination of the Project for any cause, shall be in accordance with closeout procedures then in effect or established by the Commonwealth including provisions of OMB Omni Circular and the Recipient shall not have any rights to such grant funds. B.

Incurring Costs for Project Activities (1) The use of grant funds is conditioned upon the Recipient incurring costs to be paid in accordance with this Agreement or as otherwise approved by the Commonwealth in writing.

Except as permitted by 24 CFR Part 58, no costs to be paid out of project funds may be incurred by the > Document Phase Document Description Page 6 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 Recipient until all Environmental Conditions of 24 CFR Part 58 have been fully satisfied and the Commonwealth has issued the environmental clearance required by 24 CFR Part 58.

(2) The authorization to incur costs in subsection (1) above is not an authorization to reimburse those costs and does not mean or imply that such costs will be reimbursed out of grant funds.

The Recipient may voluntarily, at his or her own risk, and upon his or her own credit and expense, incur costs as authorized in subsection (1) above, but his or her authority to reimburse or to be reimbursed out of grant funds shall be governed by the provisions of this Agreement applicable to the payment of costs and the release of funds by the Commonwealth.

(3) Prior to the issuance by the Commonwealth of the environmental releases required by 24 CFR Part 58, the Recipient may not use any funds, including local funds, to take any action with respect to the Project where such action might have an adverse environmental effect, would limit choices among competing alternatives, or might alter the environmental premises on which the pending clearance is based in such a fashion that the validity of the conclusions to be reached would be affected.

(4) The Recipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 USC 5155) and described in Appropriations Act. The Recipient shall comply with HUD’s requirements for duplication of benefits, imposed by Federal Register notice on the Commonwealth.

The Recipient shall carry out the activities under this Agreement in compliance with the Commonwealth’s procedures to prevent duplication of benefits in [insert name of manual here]. C.

Authorization by the Commonwealth for the Recipient to Draw Grant Funds Recipient's draw of grant funds can occur only after the following has occurred: (1) The Commonwealth has issued the environmental clearance required by 24 CFR Part 58, (2) The Commonwealth has approved the required evidentiary materials specified in Exhibit D of the Agreement, (3) The Commonwealth has authorized, per the executed Notice of Approval of Evidentiary Materials and Release of Funds, the Recipient's ability to draw grant funds, (4) Recipient shall have submitted all certifications and materials required as conditions precedent to Recipient's authority to pay costs out of grant funds, (5) If authorized by Exhibit D herein and if the Commonwealth finds Recipient has timely and acceptably submitted the evidentiary materials in Exhibit D herein, approved same, and if no default has occurred, as defined in Section 6-A herein, and (6) Recipient has not been served by the Commonwealth with notice of Recipient's suspension of authority to so draw the grant funds nor is in breach of its obligation to report a default.

4. REPRESENTATIONS, WARRANTIES, AND OBLIGATIONS A.

Recipient's Representations and Warranties > Document Phase Document Description Page 7 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 The Recipient has, by and through consultations among all appropriate members of the Recipient's governing body and its officers, examined each of the following and by its execution of this Agreement the Recipient does, upon information and belief, represent and warrant to the Commonwealth that: (1) The Recipient is duly organized and validly existing under the laws of the Commonwealth and has all the requisite power and authority to enter into this Agreement and to assume the responsibilities for compliance with all Federal and State laws and regulations.

(2) A resolution, motion, order or ordinance has been duly adopted, passed or enacted as an official act of the Recipient's governing body, authorizing the execution and delivery of this Agreement by the Recipient and authorizing and directing the person executing this Agreement to do so for and on behalf of the Recipient, said acts being done in such manner and form as to comply with all applicable laws to make this Agreement the valid and legally binding act and agreement of the Recipient.

(3) There is no action, proceeding, or investigation now pending, nor any basis therefore, known or believed by the Recipient to exist, which (i) questions the validity of this Agreement, or any action taken or to be taken under it, or (ii) is likely to result in any material adverse changes in the authorities, properties, assets, liabilities, or conditions (financial or otherwise) of the Recipient which would materially and substantially impair the Recipient's ability to perform any of the obligations imposed upon the Recipient by this Agreement.

(4) The representations, statements, and other matters contained in the Application were true and complete in all material respects as of the date of filing.

The Recipient is aware of no event which would require any amendment to the Application (other than an amendment which has been filed with and approved by the Commonwealth) which would make such representations, statements, and other matters true and complete in all material respects and not misleading in any material respect.

The Recipient is aware of no event or other fact, which should have been, and has not been, reported in the Application as material information. (5) The Recipient has obtained or has reasonable assurances that it will obtain all Federal, State and local government approvals and reviews required by law to be obtained by the Recipient for the Project.

(6) Insofar as the capacity of the Recipient to carry out any obligation under this Agreement is concerned, (i) the Recipient is not in material violation of its Charter, or any mortgage, indenture, agreement, instrument, judgment, decree, order, statute, rule or regulation and (ii) the execution and performance of this Agreement will not result in any such violation.

(7) Except for approved eligible administrative and personnel costs, none of the recipient's designees, agents, members, officers, employees, consultants or members of its governing body in which the program is situated, and no other public official of the recipients of such locality or localities who exercises or who has exercised any functions or responsibilities with respect to the project during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the project, has or shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work performed in connection with the project or in any activity, or benefit there from, which is part of this project at anytime during or after such person's tenure unless all procedures for an exception have been documented > Document Phase Document Description Page 8 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 and submitted in writing to the Department for Local Government and the Department for Local Government has approved such exception.

(8) Anti-Lobbying – The recipient certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

(9) Conflicts of Interest - The procedures for requesting, documenting, and submitting a request for an exception from the Conflict-of-Interest provisions shall include the applicable procedures delineated in 24 CFR 570. 489(h)(4); KRS 99. 350(8); KRS 61.

252(1); KRS 65. 003; and the local community ethics code. This Conflict-of-Interest provision shall be in addition to the requirements in the "Common Rule," 24 CFR Part 85, 24 CFR 570.

489(h), A-110, KRS 45A. 340, KRS 61. 210, KRS 61.

220 and KRS 61. 250 et. seq.

B. Obligation to Complete Recipient Activities as Scheduled (1) The Recipient shall use its best efforts to assure the completion of the Recipient Activities described in Exhibit B of the Agreement and further defined in the Application.

(2) The Recipient agrees that the foregoing undertaking and assurance means that Recipient shall, to the maximum extent permitted by law, use and apply all of its governmental and proprietary powers for such completion, including but not limited to those powers governing taxes, other revenues, credit, eminent domain and appropriations, if necessary, for the purpose of providing any shortfall between funds available under the grant and funds necessary to complete all of the Recipient Activities described in Exhibit B of this Agreement.

C. Commonwealth Approval of Amendments The Commonwealth will consider program amendments initiated by the Recipient or by the Commonwealth.

The Commonwealth defines a program amendment as a request for change in an > Document Phase Document Description Page 9 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 approved program which (i) is a new activity in the program, (ii) significantly alters the scope, location, or objective of the approved activities or beneficiaries, and/or (iii) results in a change or cumulative changes of the approved budget.

Any amendments will be made in accordance with the procedures set forth in the Kentucky Community Development Block Grant Handbook established by the Commonwealth. D. Notification and Action upon Default (1) The Recipient shall promptly give written notice to the Commonwealth upon the discovery by the Recipient of any default involving any Participating Party or Subrecipient, as defined in Section 6-A of this Agreement.

(2) Promptly, upon the discovery of any default involving any Participating Party or Subrecipient, the Recipient shall vigorously pursue, to the fullest extent possible, all remedies available to Recipient to remove or cure such default, or to seek redress or relief from its effects, including reimbursement for any grant funds expended on the Project, and to prevent or mitigate any adverse effects on the Project.

Recipient shall keep the Commonwealth fully informed as to the status of such actions. A.

Duty to Maintain and Rights to Inspect and Copy, Books, Records and Documents (1) The Recipient shall keep and maintain such books, records and other documents as shall be required under rules and regulations now or hereafter applicable to grants made under the CDBG Program, and as may be reasonably necessary to reflect and fully disclose the amount and disposition of the grant funds, the total cost of the activities paid for in whole or in part with grant funds, and the amount and nature of all investments relative to such activities which are supplied or to be supplied by other sources.

Any duly authorized representative of the Commonwealth or HUD shall, at all reasonable times, have access to all portions of the Project until completion of all closeout procedures and final settlement and conclusion of all issues arising from this grant.

The Recipient shall promptly furnish to the Commonwealth all reports required to be filed in accordance with any directives of the Commonwealth or any statute, rule or regulation of HUD.

> Document Phase Document Description Page 10 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 A default shall consist of any use of grant funds for any purpose other than as authorized in Exhibits B and C of this Agreement; or any breach of any covenant, agreement, provision, or warranty (i) the Recipient made in the Agreement; (ii) the Recipient made in any agreement entered into between the Recipient and any Participating Party or Subrecipient, relating to the Project; (iii) any Participating Party or Subrecipient, made in any agreement specified in Exhibit D of this Agreement, or; (iv) of the time frame specified in Exhibit B of the Agreement.

(1) Upon occurrence of any default as described in Section 6. A. , the Commonwealth may suspend the Recipient's authority to draw grant funds at any time by notice to the Recipient.

If a default is not cured within thirty (30) consecutive days from notice of such default by the Commonwealth to the Recipient, the Commonwealth may continue such suspension or by delivery of notice terminate this Agreement.

In the event of a termination, the Recipient's authority to draw funds shall have terminated at the date of the notice of termination and the Recipient shall have no right, title or interest in or to any grant funds remaining.

(2) In addition to any other rights or remedies, if a default consists of the Recipient's failure to submit the evidentiary materials described in Exhibit D of this Agreement or in other official written notification, the Commonwealth shall have the right to terminate this Agreement and the award of grant funds to which this Agreement relates by delivery of written notice to the Recipient.

Upon such termination, all obligations of the Commonwealth pursuant to this Agreement and such award shall cease and the Recipient shall neither have nor retain any rights whatsoever with respect to the grant funds provided under this Agreement. (3) The rights and remedies of the Commonwealth shall be deemed to be cumulative and shall be in addition to all those rights afforded the Commonwealth by law or equity.

Any election of any right or remedy shall not be deemed to be an election of that right or remedy to the exclusion of any other right or remedy. (4) The rights and remedies available to the Commonwealth in the event of a suspension or termination of the Agreement shall survive such suspension or termination. A.

Commitments of Participating Parties and Subrecipients (1) In selecting the Recipient for the award of this grant, the Commonwealth has relied, in material part, upon the representations of the Recipient and Participating Parties or Subrecipients, that the Recipient and the Participating Parties or Subrecipients (i) will carry out certain activities connected with the Project; (ii) will complete those activities; (iii) have, or will have, the financial capability to assure the carrying out of the activities to the completion; and (iv) will invest, or cause to be invested, a specific value amount in the Project.

(2) Evidentiary materials submitted by the Recipient as Exhibit D which have been submitted to and approved by the Commonwealth shall not be amended in any material respect without prior written approval of the Commonwealth. B.

Form of Documentary Evidence > Document Phase Document Description Page 11 2600000100 Final 22D-034 Wastewater Treatment Plant Rehabilitation Project Total Pages: 18 All documentary evidence of commitments submitted to the Commonwealth for approval shall be in the form of either (i) a duplicate original, or (ii) a photographic copy of the fully executed original, of the documents.

(1) All amendments, notices, requests, objections, waivers, rejections, agreements, approvals, disclosures and consents of any kind made pursuant to this Agreement shall be in writing.

(2) Any such communication shall be deemed effective for all purposes as of the date such communication is mailed, postage prepaid, by first class, registered or certified mail, return receipt requested, to be delivered only to the office of the addressee, addressed as follows: (a) Communications to the Commonwealth shall be mailed to: Office of Federal Grants, Department for Local Government, 100 Airport Rd, Frankfort, Kentucky 40601.

(b) Communications to the Recipient shall be addressed to the Recipient, at the address set forth in Exhibit A of