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HomeMy WebLinkAboutProfessional Service Contract for SAGE Sept 2004 PROFESSIONAL SERVICES CONTRACT This contract is entered into this 17th day of June, 2004, by and between the City of Meridian, Idaho, herein referred to as the "GRANTEEll and Ida-Ore Planning and Development Corp. (d.b.a. Sage Community Resources), whose address is 10624 W. Executive Drive, Boise, ill 83713, herein referred to as the ttCONTRACTOR", Witnesseth: WHEREAS, the GRANTEE has made application to and been awarded by the Idaho Department of Commerce, herein referred to as the "DEPARTMENT," for the receipt of grant funds under the Idaho Community Development Block Grant (ICDBG) Program for purposes of "Business Expansion Infrastructure Improvementslt; and WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services related to the administration of the above described ICDBG project; and WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited in OMB Circular A-102; and WHEREAS, in order to assure effective management of the above project, it is deemed to be in the best interests of the GRANTEE to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to provide the services described in Section 6 in order to provide for the administration and management of the ICDBG project for the GRANTEE as approved by the DEPARTMENT. 2. EMPLOYEE-EMPLOYER RELATIONSHIP The contracting parties warrant by their signature that no employer-employee relationship is established between the CONTRACTOR and the GRANTEE by the terms of this contract. It is understood by the parties hereto that the CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees of the GRANTEE for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employerts liability and comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. 1 4. LIAISON The GRANTEE designated liaison with the CONTRACTOR is Will Berg, City Clerk. The CONTRACTOR1S designated liaison with the City of Meridian is Leslie Toombs, Economic Development Planner. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect on June 17.2004 . The services to be performed by the CONTRACTOR will be completed upon project closeout. 6. SCOPE OF WORK The CONTRACTOR will perform the following services: A. PROJECT PLANNING 1. Work with the City ofMeridian;1o plan final funding source strategy for the project. This will include attending necessary meetings, public presentations, performing research, and giving recommendations for project development activities. Ms. Toombs will serve as final grants development coordinator and provide liaison with governmental funding partners. 11. Working in conj~c.ti,on with the GRANTEE, and their Engineer, CONTRACTOR will develop, publish; and submit necessary applications for grant assistance to the State agencies. iii. Develop an approved Administrative Plan and secure approval of the Plan by the funding agency. B. CITIZEN PARTICIPATION 1. Assist GRANTEE in conducting public hearing required previous to grant application submittal and at 50%constructiQn completion. C. ENVIRONMENTAL REVIEW 1. Have GRANTEE appoint Environmental Review Officer. ii. Establish Environmen.tal Review Record file. iii. Determine whether project is categorically excluded. Complete Statutory Checklist. 2 iv. If project is not excluded, conduct Environmental Assessment to include impacts on and mitigating measures for: a. Community b. Site c. Historic preservation d. Floodplain/wetland e. Endangered species f. Local regulations v. If no restrictions are placed on the project by the agencies contacted during the Environmental Assessment, prepare Finding of No Significant Impact (FONSI) a. Publish FONSI and distribute notice and Request for Release of Funds (15 days) b. Mail Certification and Request for Release of Funds to DEPARTMENT along with a copy of publication (I5-day comment period) c. Receive Release of Funds from the DEPARTMENT D. CIVIL RIGHTS COMPLIANCE i. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community Profile, staffing minority status or other documents and statistics, which demonstrate GRANTEEtS minority and handicapped population and efforts in nondiscriminatory practices. 11. File signed Section 3 Clause and Certifications. iii. Submit MBEIWBE Solicitation Summaries for all solicitations for services or construction bids. iv. Comply with GRANTEE Section 3 Plan and maintain documentation. v. Implement at least three (3) of the Fair Housing activities listed in the Civil Rights Handbook, including an Analysis ofImpediments to Fair Housing. VI. Consistent with the provision of Executive Order 11246 and OMB Circular A-I02, Attachment 0, CONTRACTOR will take affirmative steps to assure that women (WBE) and minority businesses (DBE) are used when possible as sources of supplies, equipment, construction and services. Additionally; CONTRACTOR will document all affirmative steps taken to solicit WBE & DBE businesses and forward this documentation along with the names of the WBE & DBE subcontractors and suppliers to the local government CDBG recipient upon request. 3 E. ACQUISITION AND RELOCATION COMPLIANCE 1. Determine whether acquisition is governed by Title III of the Uniform Relocation Act. 11. Assist in the preparation of documentation for temporary or permanent easement allocation and acquisition of real property. iii. Prepare acquisition notices. iv. Prepare Requests for Qualification (RFQts) for the selection of a certified appraiser, as needed. v. Review appraisal documents, determine just compensation and assist in preparing final acquisition documents. VI. Assist the GRANTEE in preparing acquisition file for each property acquired. vii. Assist the GRANTEE in complying with State and Federal requirements regarding donations of properties or relocation. F. LABOR STANDARDS COMPLIANCE 1. Furnish Engineer with all HUD documentation, including Federal Wage determinations, for preparation of check set of plans and specifications. ii. Maintain documentation attesting to all administrative and enforcement activities with respect of Federal labor standards requirements, including: a. Review all contract documents to ensure labor standards provisions, including current wage determinations, are included b. Check all contractors and subcontractors to verify they are a bona fide company and have no deficiencies outstanding from previous federal work c. Conduct pre-construction conferences to obtain various certifications of all contractors and subcontractors d. Review weekly payrolls e. Assure wage rates and Equal Employment Opportunity signs are posted at the job site f. Monitor on-site inspection reports g. Conduct employee interviews to insure Davis-Bacon wages are being paid iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date and assist in notifying bidders of any changes in Wage Determinations. 4 iv. Monitor that all contracts and subcontracts contain Federal Labor Standards provisions, applicable wage determinations and other required Federal and local assurances and documentation. Check contractor and subcontractor eligibility with DEPARTMENT (HUD) before starting construction. v. Conduct pre-construction conference: inform all contractors, and those subcontrac- tors that have been selected of their labor standard and fair employment practice obligations as required by HUD. Submit pre-construction conference minutes to DEP ARTMENT. Submit executed contract documents to DEPARTMENT for review and approval. vi. During construction, conduct on-site inspections and worker interviews, checking for posting of Federal wage determination and Equal Employment Opportunity poster, and collection and review of weekly contractor and subcontractor payrolls and subcontractor reports. vii. Seek prompt correction of all violations oflabor standards and payroll discrepancies. H. FINANCIAL MANAGEMENT 1. CONTRACTOR will assist the GRANTEE in establishing a project filing system, which will include: a. General Ledger b. Cash receipts/disbursements journals c. Requests for Funds/Source Documentation and Progress Reports 11. CONTRACTOR will act as prime coordinator to process Requests for Funds and obtain funding from the DEPARTMENT. iii. Submit Performance Reports to the DEPARTMENT. iv. Schedule with DEPARTMENT for monitoring as required. v. Provide continued project administration through closeout in accordance with State and Federal requirements. 1. PROCUREMENT OF MATERIAL AND SERVICES 1. Provide assistance to the GRANTEE in the procurement of all contracts and subcontracts to ensure the procurement process meets with the requirements ofthe funding agencies. 5 11. Coordinate to obtain, ifnecessary, DEPARTMENT approval for scope of work/project area adjustments after on-site confirmation of pre-design project scope by engineers and the GRANTEE. iii. Furnish Engineer with all HUD documentation, including Federal Wage Determinat- ions, for preparation of check set of Plans and Specifications. iv. Submit documents to the DEPARTMENT for final review prior to going out to bids. Secure written approval of bid documents from DEPARTMENT. v. Monitor and counsel for proper advertisements of proj ect for purpose of securing wide bidder activity to meet Federal (HUD) requirements. J. HANDICAPPED ACCESSIBlLITY COMPLIANCE 1. Designation of a responsible employee. 11. Adoption and public notification ofthe Policy on Non-discrimination. iii. Adoption and Public Notification of the 504 grievance procedure. iv. Establishing Section 504 Citizen Review Committee. v. Conducting local self-evaluation. vi. Developing a Transition Plan. 7. COMPENSATION For the satisfactory completion of the services to be provided under this Contract, the GRANTEE will pay the Contractor a sum, not to exceed $22,000 which the GRANTEE agrees to pay as set forth in attachment IIN'. Payment of compensation is contingent upon GRANTEE receiving an Idaho Community Block Grant of$222,603. 8. CONFLICT OF INTEREST The CONTRACTOR warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further covenants that, in performing this contract, it will employ, no person who has any such interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance ofthis contract, it will be disclosed and managed according to the ICDBG rules. 6 9. MODIFICATION AND ASSIGNABILITY OF CONTRACT This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The CONTRACTOR may not sub contract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any subcontractor or assignee will be bound by all the terms and conditions of this contract. 10. TERMINATION OF CONTRACT This contract may be terminated as follows: a. Termination due to loss of funding. In the event that the DEPARTMENT reduces or terminates payments under the ICDBG Program so as to prevent the GRANTEE from paying the CONTRACTOR with ICDBG funds, the GRANTEE will give the CONTRACTOR written notice, which sets forth the effective date ofthe termination and explain the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. b. Termination for convenience. The GRANTEE may terminate this contract in whole, or in part, for the convenience ofthe GRANTEE when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for work completed. c. Termination for cause. 1. Ifthe GRANTEE determines that the CONTRACTOR has failed to comply with the terms and conditions of this contract, it may terminate this contract in whole, or in part, at any time before the date of completion. If the CONTRACTOR fails to comply with any of the terms and conditions of this contract, the GRANTEE may give notice, in writing, to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the GRANTEE may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the GRANTEE by reason ofthe CONTRACTOR1S failure to comply with this contract. 7 11. Notwithstanding the above, the CONTRACTOR is not relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of this contract by the CONTRACTOR, and the GRANTEE may withhold any payments to the CONTRACTOR for the purpose of set off until such time as the amount of damages due the GRANTEE from the CONTRACTOR is determined. 11. DOCUMENTS INCORPORATED BY REFERENCE The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated June 21, 2004, and all applicable federal and state statutes and regulations are incorporated into this contract by reference in attachment "B". 12. CIVIL RIGHTS ACT OF 1964 The CONTRACTOR will abide by the provisions ofthe Civil Rights Act of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The CONTRACTOR will comply with the following provision; No person in the United States may, on the grounds ofrace, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 ofthe Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The CONTRACTOR will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG-assisted project will be extended to lower income project area residents. Further, the contractor will, to the residents of the project area in the award of contracts and purchase of services and supplies. 15. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246 and OMB Circular A-I02, Attachment 0, the CONTRACTOR will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the CONTRACTOR must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names ofthe minority subcontractors and suppliers to the GRANTEE upon request. 8 16. NONDISCRIMINATION The CONTRACTOR will not discriminate against any employee or applicant for employment on the basis ofrace, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. . 17. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the CONTRACTOR pursuant to this Contract are to be the property of the GRANTEE and the DEPARTMENT which have the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the GRANTEE and the DEPARTMENT. 18. REPORTS AND INFORMATION The CONTRACTOR will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the GRANTEE to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the GRANTEE or its authorized representative, and will be retained for three years after the expiration of this contract. 19. ACCESS TO RECORDS. It is expressly understood that the CONTRACTORls records relating to this contract will be available during normal business hours for inspection by the GRANTEE, the DEPARTMENT, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives ofthe State ofIdaho. 20. CONSTRUCTION AND VENUE. This Contract will be construed under and governed by the laws ofthe State ofIdaho. In the event oflitigation concerning it, venue is the in Third Judicial District for the County of Canyon, State of Idaho. 9 21. INDEMNIFICATION. The CONTRACTOR waives any and all claims and recourse against the GRANTEE including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the CONTRACTOR'S performance of this contract' except fo'r liability arising out of concurrent or sole negligence ofthe GRANTEE or its officers, agents or employees. Further, the CONTRACTOR will indemnify, hold harmless, and defend the GRANTEE against any and all claims, demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this contract except for liability arising out of the concurrent or sole negligence ofthe GRANTEE or its officers, agents or employees. 22. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party may be entitled to recover reasonable attorney's fees and other costs as set forth under Idaho Law. 23. SPECIAL WARRANTY. The CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this contract. The CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome ofthe competition, discussion, or negotiation leading to the award of this contract. Any such activity by the CONTRACTOR shall make this contract null and void. IN WITNESS WHEREOF, the parties hereto have executed this contract on the 1 ih day of June. 2004. IDA-ORE PLANNING & DEVELOPMENT ASSN. (dba Sage Community Resources) CITY OF MERIDIAN BY: /~ - - Kathleen Simko President Sage Community Resources ~~I /61 Date Attest: ~ <:::>'i~ Attest. 10 ATIACHMENT A The GRANTEE shall pay CONTRACTOR for performance of the services described in Section 6 a sum not to exceed $22,000, as detailed in Section 6 and the following paragraph, unless such sum is subsequently changed by the agreement of both parties as described in Section 9. Both parties mutually agree that payment for all activities listed below will be contingent on the GRANTEE receiving federal funding. Pavment Requests: Upon CONTRACTOR'S written request, GRANTEE shall make progress payments to CONTRACTOR. Billings will occur based on work completed during the previous period and referenced by invoice and progress report: 1. Upon completion of Environmental Review Records, and the securing of IiNotice of Removal of Grant Conditions and Release ofFundstl from the DEPARTMENT. This includes all preliminary activities involved in setting up a grant, including, but not limited to, start-up activities, project file organization, budgeting, etc. Work with GRANTEE to explain grant requirements/expectations, assistance with procurement of engineering services. CONTRACTOR shall receive $8,800.00 (or 40%). 2. Upon execution of construction contract and start up of construction for work including, but not limited to, work with Architect and/or Engineer on preparation of appropriate procurement documentation and progress reporting. If applicable, provide assistance with bid opening/award, execution of construction contract, and conduct pre-construction conference, the CONTRACTOR shall receive $2,200 (or 10%). 3. Through construction period for work including, but not limited to, work with contractors/subcontractors to monitor Davis-Bacon (if applicable), civil rights and all other required compliance activities: Prepare invoices/monthly progress reports, conduct second public hearing, continue project management; attend meetings; maintain communication among all parties, i.e. GRANTEE, DEPARTMENT, architectural firm, engineer, contractors, and others as needed; and conduct project monitoring, as needed. Assist employer in setting up documentation of job creation and matching fund expenditures. CONTRACTOR shall receive monthly payments of $2,200 for a total not to exceed $8,800.00 (or 40%). The total amount paid in progress payments as listed above shall not exceed ninety (90) percent of the total compensation sum. Final Pavment: GRANTEE shall pay the final $2,200.00 (or 10%) for the Contract sum, upon CONTRACTORtS written requisition when all the above services are completed; DEPARTMENT has monitored the project files and cleared any and all monitoring findings; CONTRACTOR has prepared and submitted the Final Report for the closeout of the grant. Penalty: CONTRACTOR shall lose $500.00 for each unresolvable Finding of Non-Compliance or unresolvable Finding of Violation attributable to CONTRACTOR'S performance. Pelformance ofStafJ: CONTRACTOR will be responsible for the successful performance and completion of services by assigned staff as specified in the Scope of Work. CONTRACTOR will certify that staff work is complete and in compliance with all ICDBG program requirements prior to requesting payment for services. 11 ATTACHMENT B 1. Nondiscrimination Under Title VI ofthe Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (p.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR part I. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This agreement is also subject to the requirements under the Fair Housing Act Amendments of 1988, which has been expanded to cover handicapped persons and families with children. 2. Title VIII This Agreement is subject to the requirements of Title VIII of the Civil Rights Act of 1968 (p.L. 90-284), and HUD regulations with respect thereto, providing that it is the policy ofthe United States, within constitutional limitations, to provide fair housing, and prohibiting any person, in the sale, rental, financing, or brokers of housing, from discriminating or in any way making unavailable or denying a dwelling to any person because ofrace, color, religion, sex or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders 11063 and 12259, and 24-CFRparts 100 through 115, particularly part 107. 3. Section 109 This Agreement is also subject to provisions of Section 109 of the Housing and Community Development Act of 1974) P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race, color, national origin or sex to exclude any person from participation in or benefiting from any program or activity funded in whole or part with community development funds made available pursuant to the Act. Section 109 further incorporates prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 USC 6101 et seq) and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as amended. 12 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential in excess of$2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with the requirements ofthe Davis-Bacon Act, as amended (40 D.S.C. 276a-276a-5) and the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 et seq.), as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment of wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of29 CFR 5.5. No award shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations ofthe Department of Labor to receive an award of such contract. 5. Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of1969 (42 D.S.C. 4321 et seq.), and related laws, as furthered byHUD regulations contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental review, decision-making) and other action under NEP A and related laws, in accordance with Part 58. 6. Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968 (I2 D.S.C. 1701 u). Section 3 requires that) to the greatest extend feasible, opportunities for training and employment be given to lower- income persons residing within the unit of local government or the metropolitan area or non- metropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns which are located in, or owned in substantial part by, persons residing in the same metropolitan area or non-metropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 13 7. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided by this Agreement is subject to HUD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be responsible for the inspections for the inspections and certifications required under section 35.14(f) thereof. 8. Conflict of Interest of Members. Officers. or Employees of Grantee. Members of Local Governing Body. or Other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no public official of such locality or localities who exercised any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, n any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes of this section. 9. Prohibition Against Payments or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence ofHUD required under this Agreement, Title I ofthe Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 10. Conflict of Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Historic Preservation Act of 1966 Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq). 14 12. Additional Assurances The Grantee shall remain fully obligated under the provisions ofthe Agreement notwithstanding its designation of any third party of parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement. The Grantee shall comply with all lawful requirements ofthe Grantor to insure this Agreement is carried out in accordance, and with the obligations and responsibilities ofthe Grantor to HUD. 13. Requirements of Units of General Local Government A. Certification Title I of the Housing and Community Development Act of 1974, as amended through 1983, Section 106(d)(5) units of generallocal government must make certain certifications on behalf ofthe unit of government. The State may not distribute funds unless the unit of government has submitted certifications providing essentially that: 1. it will minimize displacement as a result of activities assisted with ICDBG funds; 2. it will conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing. 3. it will provide opportunities for citizen participation comparable to the State's requirements (those described in Section 104(a) of the Act, as amended); 4. it will not use assessments or fees to recover the capital costs ofICDBG-funded public improvements from low and moderate income owner occupants; and 5. it will abide by all State and Federal rules and regulations related to the implementation and management of Federal grants. 15 Meridian City Council June 15, 2004 Page 15 of 74 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If, as you indicate, there are grants available and we do have volunteers to assist in that preparation, I would suggest that we move on those as quickly as possible, so we don't lose the grant cycle. There needs to be some clarification on -- if there are costs associated with the grant in terms of preparation fees or filing fees or whatever kinds of fees there might be associated with, what part, if any, or all, are the various parties going to participate in before we get into yet another issue. But I think if we have something on our plate now, it's to everyone's benefit that we pursue them. De Weerd: I have talked to Mr. Wardle about it, so he can follow up on that as well. Wardle: I will. B. Mayor's Office 1. Idaho Community Foundation Grant (MDC) De Weerd: Okay. Okay. If there is nothing further, we will go to my short report and I promise ifs short. Wendy Kirkpatrick in our planning and zoning department is wanting to pursue some downtown -- a new downtown look and she has talked with both the Meridian downtown corporation1 as well as the parks department on some banners. The parks department did say that they have a list that's donated that hangs the holiday banners and that these can be taken down when the holiday banners go up and go back up when holiday banners go down. I guess the final question would be on when the banners start to show wear and tear and who would replace it, that could be worked and taken in front of the MDC. She has talked to the president. Regardless, I think when that time does come, we can take a look at what steps need to be done in partnership with the MDC. But this is just for the initial purchase of these banners and would like your approval to move ahead and pursue this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are those -- what are those banners, 185 or were they 85? I can1t remember. De Weerd: Anna, do you know? Powell: She said they are about 190 dollars each. They would be similar to this one that I have got up here. You know, not the same picture, but they are similar size. the brackets are already in place for the holiday ones, so it fits in the same bracket. Bird: Another follow up. I believe she wanted ten; is that right? Meridian City Council June 15,2004 Page 16 of 74 De Weerd: I don't think there was a number. Bird: Yes. At MDC she told us a number. Powell: Was she -- Bird: Wasn't it ten or -- Rountree: I don't remember what the number was. Powell: I'm not sure on the number. Ten does sound right, but I am not positive on that. She's largely been working directly with MDC, so I apologize. Bird: My opinion is I think we can -- I think we can probably sell some of these to people and -- but J think we ought to move on it and I think they are a very nice, attractive, addition to downtown myself personally. De Weerd: Okay. Thank you, Mr. Bird. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. J think it's a great idea, but I do like Mr. Bird's suggestion that we look at some sponsorships with some local businesses and also maybe not necessarily an MOU with MDC today, but, you know, if the city is going to buy these initially to sort of kick off this program, I think, eventually, it needs to be the MDC's responsibility to do that. It's promoting the downtown area and the city and that's really their charge to do, but I recognize that may not be -- they may not be able to do that right now, but I think definitely trying to work through some sponsors and maybe, you know, I think there is more brackets. I was kind of hearing Mr. Berg say that there is more than ten brackets down the street. So, maybe what we would look at is possibly buying the initial ten, but looking through some sponsorships to get more to kind of fill up the downtown area, so at least, you know, kick it off to some degree, but that they really go, you now, actually out selling that idea in downtown and J think that would really be a real positive for the businesses in downtown. Powell: Madam Mayor, just a follow up on that. She has contacted the MDC, as Keith has mentioned. They just haven't had an opportunity to get back. We needed to bring it to you before, then, because it's an online application and it is due July 1st, so we kind of needed -- apologize for not having all the T's crossed and lIs dotted at this point, but there was some -- a little bit of urgency in talking to you before the 1 st. That was -- Rountree: Madam Mayor? Meridian City Council June 15. 2004 Page 17 of 74 De Weerd: Yes, Mr. Rountree. Rountree: Just a point of information. MDC does have on their agenda -- ongoing agenda an entrance signage grant project that would be a permanent replacement for this kind of an activity. So, I can't give you a time line on that, but it is something we are talking about and having said that, if we need a motion to approve the advancing of this grant, I so move. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve pursuing this application. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 04-032 Request for Final Plat approval for 54 single family residential building lots and 7 common lots on 14.12 acres in a R-4 zone for Roseleaf Subdivision by Liberty Development - 3615 South Locust Grove Road: De Weerd: We will move to Item 8, FP 04-032. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is a final plat for Roseleaf Subdivision. As a reminder, ies off of Locust Grove Road just south of Overland. Tuscany Village project, the triangular shaped project, is just north of this, if you recall that one. This is the approved preliminary plat. There is -- the final plat is in substantial compliance with the approved preliminary plat. Your staff report notes special consideration about the lack of a common open space in this location. They have revised the plat to include that and I believe you have got a full size plat on your chair today. So, that condition has been resolved, so it is in full compliance1 basically, with the approved preliminary plat. That ends staff's comments. De Weerd: Okay. Council, do you have any questions for staff? Bird: Not at this time, Mayor. De Weerd: And is the applicant in agreement? Powell: Madam Mayor, I have not had a chance to talk to the applicant. He's catching my eye and he's nodded that he is in agreement with the conditions of approval. Meridian City Council June 8, 2004 Page 11 of 58 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the time extension for the Meridian Academy, CUP 03-0021 to October 1 st, 2004. Rountree: Second. De Weerd: Is that October 2005? Bird: Yeah. 2005. I'm sorry, We are in 2004 now. De Weerd: Okay. It's been moved and seconded to approve the extension to October 1 st, 2005. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12. Public Hearing: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Item 12 is a Public Hearing for the Idaho Community Block Grants for Louisiana Pacific. We are in the Public Hearing portion of our agenda. For anyone wishing to provide testimony during this next phase of our agenda, Items 12 through 21, we do require by ordinance that those wishing to testify are sworn in. So, if you will all raise your right hand. Although staff doesn't have to. Sorry, we have to do that all the time. Bird: Yeah, they do. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) De Weerd: Thank you. Okay. I guess Steve can't present this. I would ask Leslie Toombs from Sage to present this application. I did open the Public Hearing for Item 12. Toombs: Thank you, Mayor de Weerd, Members of the City Council. My name is Leslie Toombs with Sage Community Resources. I believe you have in your Council packets an outline of the -- this project. It's an application for Idaho Community Development Block Grant funding on behalf of public infrastructure improvements to allow for the Meridian City Council June 8, 2004 Page 12 of 58 expansion and creation of jobs for the Louisiana Pacific LP polymer plant in Meridian and also here this evening is Mr. Ken Robke, who is the plant manager of the Meridian facility. There is this information provided on the back table for those who are interested, but to go through the purpose of this Public Hearing is to allow the citizens of Meridian to have input on the development of Idaho Department of Commerce Community Development Block Grant application in accordance with the Meridian citizen participation plan. The community development block grant program was enacted by the Community Development Act of 1974, which authorized HUD to operate the program. This is a federal program that distributes funds to Idaho cities and counties directly through the Idaho Department of Commerce and Labor. Cities and counties are the only eligible applicants to this program. Grant dollars available to the state of Idaho this year are approximately five million dollars in public improvement grant funding for business assistance where a national objective to serve a low to moderate income population is met. This application meets the national CDBG program objective through the creation of a minimum of 39 new positions, of which not less than 51 percent will be held by individuals meeting LMI criteria. The grant application deadline is June 21 st, 2004. The application handbook is available for review at city hall and also here this evening. The description of the project is the City of Meridian is proposing a project, which will provide public electrical power infrastructure improvements to assist the Louisiana Pacific Corporation's Meridian LP polymer plant in a planned 14.6 million dollar expansion. The expansion will create a minimum of 39 new manufacturing positions, of which a minimum of 51 percent will be held by individuals meeting LMI criteria. Subject to the available funding, the project will consist of the following: Construct a ten mega watt utility feeder line from the Idaho Power Meridian substation to the LP polymer plant located at 420 West Franklin Road, Meridian. Also provide upgrade improvements to the Meridian substation required for the provision of the proposed utility service expansion. The cost estimates for the project were provided by Idaho Power. These figures are estimates only and in discussions today it's within about 10,000 dollars of the costs that are listed here. There is funding for planning and administrative costs and, then, construction costs. The sources of the funding are currently estimated at 405,022 dollars. Private cash amount has been committed to the project by Louisiana Pacific. The grant application for the CDBG funding would be for approximately 209,426 dollars, with private cash contribution of 125,596, for a total of approximately 405,022 dollars. The draft application document is available for review until Tuesday, June 15th, 2004, at 5:00 p.m. The draft application will be available at city hall during regular business hours of 9:00 a.m. to 5:00 p.m. Comments regarding the project should be made in writing for those who do not choose to speak verbally this evening for the next five days. Following satisfactory resolution of any comments or questions, the hearing will be closed. We ask that you send your comments directly to my attention; Leslie Toombs at Sage Community Resources and my address is listed on the information in the back. We also asked that the Council agree to sponsor this application, to authorize the Mayor, if you choose to, sign the application to submit to the Idaho Department of Commerce. De Weerd: Thank you, Leslie. Are there any questions by Council? Meridian City Council June 8, 2004 Page 13 of 58 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick question about -- the grant requires to create not less than 51 percent of jobs held by individuals meeting the LMI criteria, not that the project lies in the LMI census track; right? Is that -- Toombs: This is correct. And it does not mean that it's a low paying position. It's a very good paying position with full benefits, but those individuals hired, minimum 51 percent will have to meet LMl criteria. Wardle: Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Nothing to add? Okay. We will be traveling to present this application as well in July. I believe it's on the 22nd -- 21st or 22nd. It's a moving target, but -- and I will be there to present, in addition to Ms. Toombs and one of the LP representatives. Are there any further questions? Bird: I have none. De Weerd: This does need to be continued to June 15th for any further written comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the Public Hearing for Idaho Community Development Block Grant for Louisiana Pacific until June 5th, 2004. De Weerd: June 15th? Bird: 15th. I'm sorry. I'm sorry. Rountree: Second. De Weerd: Okay. It's been moved and seconded to continue this Public Hearing on Item 12 to June 15th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from May 25, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for Meridian City Council June 15, 2004 Page 21 of 74 Bird: Is that a motion? Nary: Yes. Bird: I will second it. De Weerd: Okay. It's been moved and seconded to designate July 13, 2004, as a Public Hearing for this piece of property. Is there any further discussion? Okay. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nichols: Madam Mayor, just to clarify, there will be a resolution on next week1s agenda. In the materials we submitted, that one resolution that sets the hearing and so forth, if the clerk will provide that for next week, then, that can be done and a summary of Council action will be published and, then, the hearing will be held on the 13th of July. Item 10: Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Okay. Okay. Item 10 is regarding the Idaho Community Development Block Grant for Louisiana Pacific. It is a continued Public Hearing. Is there anyone in the audience who would like to testify on this item? Okay. We had continued this Public Hearing for any written comments and there were none received, so -- okay. Council, I would entertain a motion to close this Public Hearing. Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRI ED: ALL AYES. De Weerd: Okay. Mr. Clerk, do you want to just let Council know what the next steps on this are in terms of -- we do need to pass a resolution, I believe, on this, but that it will be going in front of the Governor's Council in July -- on July 22nd. Berg: Madam Mayor, I think you have kind of spelled it out pretty good, but I will just follow up. They will complete the grant1 because it's kind of pending right now and that's due June 21 st and it will go before the group in Rexburg, which you will be attending for the presentation in July. Meridian City Council June 15.2004 Page 22 of 74 De Weerd: Okay. And there is no further action needed at this point from Council for the application itself? Rountree: We just need to have a hearing. I thought we just had to have a hearing. Berg: I think previously you accepted to go ahead with this application and so we just have the process of the hearing and following through with the completion of the application. De Weerd: Okay. There was not a -- was there a motion to move forward with this application? Berg: No. Just to close the hearing. Yeah. Just to close the hearing. De Weerd: We did. Berg: That's all the motion was, so they can move. Just go ahead. De Weerd: Council, could I have a motion to move forward with this application? Rountree: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to move forward with this application for the Idaho Community Development Block Grant for LP. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are in the Public Hearing process and we do ask that everyone that will want to speak on any of these items that are in front of us for Public Hearing, Items 11 through 18, if you would like to share testimony on any of these items, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I do. (Affirmative answers.) Item 11: Continued Public Hearing from June 8, 2004: RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - East of South Eagle Road and north of East Victory Road: Item 12: Continued Public Hearing from June 8, 2004: PP 04-009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm