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HomeMy WebLinkAboutCDBG Assistance with City of Boise and City of MeridianINTERAGENCY MEMORANDUM OF UNDERSTANDING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MONITORING AND TECHNICAL ASSISTANCE This INTERAGENCY MEMORANDUM OF UNDERSTANDING: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MONITORING AND TECHNICAL ASSISTANCE is made this 11thday of September , 2018 ("Effective Date"), by and between the City of Boise ("Boise") and the City of Meridian ("Meridian"), both municipal corporations organized under the laws of the state of Idaho (collectively, "Parties"). WHEREAS, Meridian is in need of monitoring and technical assistance for compliance with its CDBG program, and Boise is willing to provide such services; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each parry and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Scope of Services. Upon execution of this Agreement, Boise shall perform and furnish to City those services specified in the document entitled "Scope of Services," a copy of which is attached hereto as ExhibitA and incorporated herein by this reference. Boise shall prioritize the Scope of Services in the order provided in Exhibit A and only to the extent that funding is available as set forth in Section II.A., herein. B. Compliance with laws and standards. Boise shall provide services and work under this Agreement consistent with the requirements and standards established by any and all applicable federal, state and city laws, ordinances, regulations and resolutions. Boise will perform all work under this Agreement in accordance with generally accepted industry standards for the professions or specialties that are used in performance of this Agreement. II. CONSIDERATION. A. Calculation of payment. Meridian shall pay Boise for services rendered under this Agreement at the hourly rate set forth in Exhibit A hereto. Payment provided under this agreement shall not exceed eight thousand, six hundred and sixty dollars ($8,660.00). This amount shall constitute full compensation from Meridian to Boise for any and all services, costs, and expenses related to services performed under this Agreement. MEMORANDUM OF UNDERSTANDING— CDBG SERVICES PAGE 1 of 5 B. Method of payment. Meridian shall pay Boise such enumerated amounts within thirty (30) days of receipt of Boise's invoice, provided that Boise has timely provided services as described herein. C. Taxes. Meridian shall not withhold any Federal or State income taxes or Social Security tax from any payment made by Meridian to Boise under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Boise. H. GENERAL TERMS. A. Effective Date. This Agreement shall become effective upon the date upon which both parties' governing boards have authorized it, pursuant to Idaho Code § 67-2332. B. Term and Termination. This Agreement shall be in effect through October 31, 2018. Either party may terminate this Agreement upon thirty (30) days' written notice to the other. The term of this Agreement may be extended by written mutual agreement of the Parties. C. Hold harmless. Each agency will hold harmless every other agency and, as applicable, its officers, directors, commissioners, managers, employees, contractors, agents, and representatives from and against any and all claims or actions for loss, injury, death, costs, damages, liabilities, losses, costs or damages resulting from activities related to this Agreement. Meridian agrees that it will hold harmless Boise and, as applicable, is officers, directors, commissioners, managers, employees, contractors, agents and representatives from and against any and all compliance issues, concerns or findings discovered or made against Meridian by HUD for Meridian's compliance (or lack thereof) with the CDBG program, regulations and associated funding. D. Non -Appropriation. The Parties acknowledge and agree that the validity of this Agreement is based upon the availability of public funding under the authority of the Parties' respective statutory mandates. E. Applicable law. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. F. Entire agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. G. Approval required. This Agreement shall not become effective or binding until approved by the respective governing body of each party hereto. MEMORANDUM OF UNDERSTANDING— CDBG SERVICES PAGE 2 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day o 2018. CITY OF BOISE: BY: 6i9/11/18 David Bieter,14ayor Attest: I -VA, 9/11/18 ViClerk Lynda Lowry CITY OF MERIDIAN: BY: Tammy d rd, ay Attest: Coay Cole( City C MEMORANDUM OF UNDERSTANDING — CI)TIO SERVICI S PAGE 3 of 5 Exhibit A Scope of Work City of Meridian — CDBG 1.0 Project Description The City of Boise will provide monitoring and technical assistance to the City of Meridian for compliance with the U.S. Department of Housing and Urban Developments' Community Development Block Grant (CDBG) program. 2.0 Project Objective The City of Meridian will have an on-site monitoring for compliance with CDBG in September 2018. Additional assistance will be provided, on an interim basis, for specific administrative tasks related to CDBG requirements. 3.0 Description of Work — in order of importance as provided by City of Meridian Prepare for HUD Monitoring • Review Environmental Reviews (2014-2018 — estimated 55) and provide suggestions for revisions, if applicable • Review all physical files (2014-2018 — estimated 30) to ensure documentation is in conformance with CDBG standards; provide suggestions for additional documentation, if applicable • Conduct onsite monitoring for current Subrecipients Agreements o Subrecipients to be provided with a 30 -day notification of the date for the onsite monitoring from the City of Meridian (sample letter provided) • Provide technical assistance on process for substantial amendment to Annual Action Plan, if necessary • Assist in preparation of files for monitoring, not covered in the physical files review (2014-2018) General/Other CDBGAdmin • Assist with technical requirements of sidewalk project to go out for bid, as needed Prokram Year 2018 • Complete Environmental Reviews (estimated nine) for Program Year 2018 (PY18) projects • Assist in preparation of PY18 Subrecipient Agreements (estimated five) (City of Meridian to provide draft SRA's and the City of Boise will review) • Assist with final timelines of Subrecipient projects in September • Assist with revisions to PY18 Action Plan as provided by HUD • Assist, where feasible, to responses for HUD monitoring 4.0 Project Staff Lori Garza will lead the activities provided above. Lori has been with the City of Boise for almost three years and has an extensive background in federal programs. MEMORANDUM OF UNDERSTANDING— CDBG SERVICES PAGE 4 of 5 Rhiannon Avery has been with the City of Boise for six years and will provide oversight and technical assistance for administration. 5.0 Reimbursement The City of Boise, is able to provide up to the following through October 31, 2018: Lori Garza — 200 hours @ $34.16 per hour ($6832.00) Rhiannon Avery — 40 hours @ $45.69 per hour ($1827.60) MEMORANDUM OF UNDERSTANDING— CDBG SERVICES PAGE 5 of 5