HomeMy WebLinkAboutFirst Amendment Agreement MDC and City for CDBG 2018 Program YearFIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF
MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION
FOR PROGRAM YEAR 2017 COMMU�N7ITY DEVELOPMENT BLOCK GRANT FUNDS
This Amendment is entered into this / * day of M M , 2019 by and between the City
of Meridian, a municipal corporation organized under the laws A the of Idaho ("City") and
Meridian Development Corporation, an urban renewal agency established under the laws of the state of
Idaho ("Subrecipient").
WHEREAS, on April 3, 2018, City and Subrecipient entered into Program Year 2017
Subrecipient Agreement ("PY17 SRA"), a cooperative agreement for the investment of Community
Development Block Grant ("CDBG") funds; and
WHEREAS, Subrecipient requires additional CDBG funding to complete the activities in the
PY17 SRA;
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties
agree as follows:
I. PROVISION MODIFIED — SCOPE OF SERVICE. Section I.A. shall be amended as follows:
A. Activities. Subrecipient shall use City's PY15 CDBG funds in an amount not to exceed four
hundred fifty four dollars and seventeen cents ($454.17), PY16 CDBG funds in an amount not
to exceed thirty four thousand six hundred eighty five dollars and ninety four cents
($34,685.94), and PY17 CDBG funds in an amount not to exceed one hundred forty seven
thousand fifty-five dollars ($147,055), and PY18 CDBG funds in an amount not to exceed one
hundred eighty thousand dollars ($180,000), providing a total CDBG funding project allocation
from PY15, PY16, and PY17, and PY18 in an amount not to exceed ene " ,.,a..oa eighty two
thousand, one hundred t five dollars and eleven ^ nts ($192,195.11) three hundred sixty
two thousand one hundred ninety five dollars and eleven cents ($362,195.11) to construct new
sidewalk and associated public facilities compliant with the Idaho Standards for Public Works
Construction, the Americans with Disabilities Act, the approved design guidelines of the Ada
County Highway District, and the Davis -Bacon Act for parcels lacking sidewalk facilities at
one to five of the following locations in Meridian, Idaho, as depicted in Exhibit A hereto:
1. Ninety-one (9 1) feet of sidewalk in front of 438 E. State Avenue;
2. Two hundred seventy-seven (277) feet of sidewalk along NE 5t11 Street, between E. Carlton
Avenue and E. State Avenue;
3. Fifteen (15) feet of sidewalk between 438 E. State Avenue and NE 5t1i Street;
4. Three hundred thirty-nine (339) feet of sidewalk along south side of E. Carlton Avenue
between NE 4t" Street and NE 5` Street; and
5. At least Three hundred and thirty (330) feet of sidewalk along the south side of E. Carlton
Avenue from the eastern side of NE 2"1 Street to NE 01 Street.
This project's scope and budget include the costs associated with the contracting a consultant
organization to help manage and administrate the project, as well as any and all associated
planned and approved impacts associated with the construction of these sidewalk segments
including, but not limited to, asphalt work and road widening; curb, gutter, and drainage
construction; tree and shrubbery removal; etc. Refer to the stamped and approved design
specifications for more details.
FIRST AMENDMENT TO PY17 SUBRECI PIENT AGREEMENT -MERIDIAN DEVELOPMENT CORPORATION PAGE I OF 3
II. PROVISION MODIFIED — TIME OF PERFORMANCE. Section I.E. shall be amended as
follows:
E. Time of performance. Services of Subrecipient shall start on or before January 1, 2018 and
end on June September 30, 2019. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which Subrecipient remains in control of
CDBG funds or other CDBG assets, including program income.
III. PROVISION MODIFIED — DRAW REQUESTS. Section ILEA shall be amended as
follows:
4. Draw Requests. It is expressly agreed and understood that the total amount to be paid by
City under this Agreement shall not exceed ene hundredht two t r d eight hundred
thirty dollafs a - teen ee is ($192,830.14) three hundred sixty two thousand one hundred
ninety five dollars and eleven cents ($362,195.11). City will not accept or process draw
requests prior to City's reception of Congressional Release of Funds; the CDBG Administrator
shall notify Subrecipient of such release and the opportunity to submit draw requests. Draw
requests for the payment of eligible expenses shall be made against the activity specified, in
accordance with performance, and as expenses are incurred by Subrecipient. Draw requests
shall only be accepted on official City and/or HUD forms and must be completed in full to be
processed. All draw requests are to be submitted as needed in coordination with the CDBG
Administrator. Draw requests shall include the following: draw request form, progress report,
transaction detail (such as an invoice from a contractor or subcontractor), completed certified
payroll forms (Department of Labor Form WH7347) and any employee wage verification
interview forms (HUD Form 11) completed for the relevant draw request period, and proof of
payment by Subrecipient (such as copy of check and bank transaction information showing
payment of check, copy of receipt of payment by contractor or subcontractor, and/or other
relevant documentation of payment). Subrecipient's final draw request under this Agreement
must be submitted by Subrecipient no later than Ame.September 30, 2019.
WHEREAS, all provisions of the PY17 SRA shall remain in full force and effect except as
expressly modified by this First Amendment or other duly executed addenda. No other understanding,
whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY17
SRA or this First Amendment thereto.
IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by
their duly authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
Meridian Development Corporation Attest:
Dave Winder, Chairmanteve V sek, Secretary
FIRST AMENDMENT TO PY17 SUBRECIPIENT AGREEMENT- MERIDIAN DEVELOPMENT CORPORATION PAGE 2 OF 3
CITY:
City of Meridian Attest:
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Interim City Clerk
FIRST AMENDMENT TO PY17 SUBRECIPIENT AGREEMENT —MERIDIAN DEVELOPMENT CORPORATION PAGE 3 OF 3