MDC for PY 2016 CDBGPY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 2 OF 12
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to provide up to
five (5) Units of Service. For the purposes of this Agreement, “Units of Service” shall be
defined as a set of engineered drawings and specifications of a public sidewalk facility that
is compliant with the Idaho Standards for Public Works Construction, the Americans with
Disabilities Act, the design guidelines of the Ada County Highway District, and the Davis-
Bacon Act (with regard to engineer’s construction cost estimate).
2. Performance measures. This project will provide design professional and engineering
services related to the design of public sidewalks in an area serving LMI residents
predominantly.
D. Staffing not funded. Subrecipient agrees that CDBG funds provided under this Agreement
will not be utilized for staffing.
E. Performance monitoring. City will monitor the performance of Subrecipient against goals
and performance measures as set forth herein. Performance monitoring shall include City’s
review of Subrecipient’s submitted documents for accuracy and completion, as well as an on-
site visit from City’s CDBG Administrator to review the completeness and accuracy of records
maintained. Substandard performance as determined by City shall constitute noncompliance
with this Agreement. If action to correct such substandard performance is not taken by
Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or
termination procedures will be initiated.
F. Time of performance. Services of Subrecipient shall start on or after May 1, 2017 and end on
December 30, 2017. 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.
G. Progress Reports. Subrecipient shall submit a monthly Progress Report, in the form and
content as required by City. If Progress Reports are delinquent, draw requests will not be
processed until the delinquency is cured. Progress Reports must contain information on
outcome-based measurements as outlined in this Agreement. Monthly Progress Reports must
be submitted even if there is no draw to accompany it for the month. Any issues or updates
relevant to the activity will be included in progress report.
II. ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform
administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City’s PY16 CDBG funds in an amount not to
exceed sixty thousand dollars ($60,000) to design sidewalk facilities for parcels at the
locations defined in Section I.A. of this agreement. City may require a detailed budget
breakdown, and Subrecipient shall provide such information in a timely fashion, and in the
form and content prescribed by City. Subrecipient does not intend to expend any funds
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 3 OF 12
other than CDBG funds on this project.
2. Accounting Standards. Subrecipient agrees to comply with 2 CFR § 200.302, and further
agrees to: adhere to the accounting principles and procedures required therein, utilize
adequate internal controls, and maintain necessary source documentation for all costs
incurred.
3. Certification of financial management system. Payments shall be contingent upon
HUD’s certification of Subrecipient’s financial management system in accordance with 2
CFR § 200.302.
4. Closeout. Subrecipient’s obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but shall not be limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to City), and determining the custodianship of records. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during any period that
Subrecipient has control over CDBG funds, including program income.
5. Audits and inspections. All Subrecipient records with respect to any matters covered by
this Agreement shall be made available to City, HUD or its agent, or other authorized
federal officials, at any time during normal business hours, as often as deemed necessary, to
audit, examine, and make excerpts or transcripts of all relevant data for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated
herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient
within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient
to comply with the above audit requirements will constitute a violation of this Agreement
and may result in the withholding of future payments. Subrecipient hereby agrees to have
an annual agency audit conducted in accordance with current City policy concerning audits
and federal regulations as applicable.
Subrecipient shall comply with 2 CFR § 200.501, which requires that all non-Federal
entities that expend $750,000 or more in a year have a single or program-specific audit.
Subrecipient shall be willing to allow inquiries from the City about the Subrecipient’s
financial statements and single audit reports. If subrecipient is subject to this requirement, a
copy of the audit report shall be provided to the City within 30 days of completion of the
audit.
6. Suspension and Debarment. Pursuant to 2 CFR Part 180, specifically, without limitation,
2 CFR section 180.220, Subrecipient is prohibited from contracting with any party that is
suspended or debarred.
C. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to
generate program income. Any change to the activities described herein that will generate
program income shall require an amendment to this agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 4 OF 12
3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement
based upon information submitted by Subrecipient and consistent with any approved budget
and City policy concerning payments. With the exception of certain advances, payments
will be made for eligible expenses actually incurred by Subrecipient, and not to exceed
actual cash requirements. Payments will be adjusted by City in accordance with advance
fund and program income balances available in Subrecipient’s accounts. In addition, City
reserves the right to liquidate funds available under this Agreement for costs incurred by
City on behalf of Subrecipient.
4. Draw requests. It is expressly agreed and understood that the total amount to be paid by
City under this Agreement shall not exceed sixty thousand dollars ($60,000). Drawdowns
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, but no more than one per
month and in coordination with the CDBG Administrator. Draw requests shall include the
following: draw request form; progress report; beneficiary income eligibility
documentation; transaction detail, HUD-1, and related summary information; and proof of
payment by Subrecipient. Final draw under this Agreement will be submitted by
Subrecipient no later than December 29, 2017 unless otherwise agreed in writing.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement,
Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and
any accounts receivable attributable to the use of CDBG funds.
6. DUNS number. Subrecipient shall comply with requirements established by the Office of
Management and Budget (“OMB”) concerning the Dun and Bradstreet Data Universal
Numbering System (“DUNS”), the Central Contractor Registration database, and the
Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of
the Financial Assistance Use of Universal Identifier and Central Contractor Registration, (2
CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding
Accountability and Transparency Act Implementation (2 CFR § 170.320).
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City
policies concerning the procurement of professional services and shall maintain, and shall
provide to City upon request, records related to services procured with funds provided
hereunder.
2. Procurement Standards. Subrecipient shall procure all services in accordance with the
requirements of 2 CFR § 200.318.
E. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this Agreement,
Subrecipient shall maintain all records that are pertinent to the activities to be funded under
this Agreement, including, but not limited to, those required by the Federal regulations
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 5 OF 12
specified in 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Financial records, as required by 2 CFR § 200.333and 24 CFR § 570.502;
e. Other records necessary to document compliance with 24 CFR Part 570, Subpart K,
except that Subrecipient does not assume City’s responsibilities under 24 CFR §
570.604 and part 52.
2. Records retention . Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of all
activities funded under this Agreement, defined as the date of the submission of City’s final
annual performance and evaluation report to HUD. Records for non-expendable property
acquired with funds under this Agreement shall be retained for five (5) years after final
disposition of such property. If, prior to the expiration of the five-year period, any
litigation, claims, audits, negotiations or other actions begin that involve any of the records
cited, such records shall be retained until completion of the actions and resolutions of all
issues, or the expiration of the five-year period, whichever occurs later.
III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section
109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by
Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale,
lease, or other transfer of land acquired, cleared or improved with assistance provided under
this contract, Subrecipient shall cause or require a covenant running with the land to be inserted
in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale,
lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be
erected thereon, providing that City and the United States are beneficiaries of and entitled to
enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program
assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and
will not itself so discriminate.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders referenced in
24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate
against any employee or applicant for employment or services because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status
with regard to public assistance. Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination. Such employment practices include
but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 6 OF 12
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which
prohibits discrimination against the handicapped in any Federally-assisted program. City shall
provide Subrecipient with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
D. Affirmative Action.
1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to
City’s specifications an Affirmative Action Program in keeping with the principles as
provided in President’s Executive Order 11246 of September 24, 1966. City shall provide
Affirmative Action guidelines to Subrecipient to assist in the formulation of such program.
Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds.
2. Women- and Minority-Owned Businesses. Subrecipient shall use its best efforts to
afford small businesses, minority business enterprises, and women’s business enterprises
the maximum practicable opportunity to participate in the performance of this contract. As
used in this contract, the terms “small business” means a business that meets the criteria set
forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority
and women’s business enterprise” means a business at least fifty-one (51) percent owned
and controlled by minority group members or women. For the purpose of this definition,
“minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or
Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may
rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
E. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other agreement or understanding, a
notice, to be provided by the agency contracting officer, advising the labor union or
workers’ representative of Subrecipient’s commitments hereunder, and shall post copies of
the notice in conspicuous places available to employees and applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or religious
activities; lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed
under this Agreement, shall be in any way or to any extent engage in the conduct of
political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.).
2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not
be utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization in accordance with the Federal regulations specified in 24 CFR §
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 7 OF 12
570.200(j).
G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of
Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work
Hours and Safety Standards Act; the Copeland “Anti-Kickback” Act (40 U.S.C. §§ 276a, 276c,
and 327); and all other applicable Federal, state and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient
further agrees that all Contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in part with
assistance provided under this Agreement shall comply with Federal requirements pertaining to
such Agreements and with the applicable requirements of the regulations of the Department of
Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journey workers; provided, that if wage rates higher than those
required under the regulations are imposed by state or local law, nothing hereunder is intended
to relieve Subrecipient of its obligation, if any, to require payment of the higher wage.
H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 2 CFR §
200.318(c)(1), which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in the award and
administration of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in
the selection, or in the award, or administration of, a contract supported by Federal funds if
a conflict of interest, real or apparent, would be involved.
I. Lobbying. The following 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.C. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal Agreement, 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 Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing 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 Agreement, grant, loan, or cooperative agreement,
it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions;
3. Subrecipient will require that the following language be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 8 OF 12
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 31
U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a
civil penalty of not let less than $10,000 and not more than $100,000 for each such failure.”
IV. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing and
be deemed communicated when personally served, or mailed in the United States mail,
addressed as follows:
City of Meridian Meridian Development Corporation
Attn: Christopher Pope Attn: Ashley Squyres, Administrator
CDBG Program Administrator 104 East Fairview Avenue, #239
33 E. Broadway Avenue Meridian, Idaho 83642
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein
provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning
CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations.
Subrecipient also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement, except that: (1)
Subrecipient does not assume the recipient’s environmental responsibilities described in 24
CFR 570.604, and (2) Subrecipient does not assume the recipient’s responsibility for initiating
the review process under the provisions of 24 CFR Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental or
research work shall provide for the rights of the Federal Government and the recipient in any
resulting invention in accordance with 37 CFR Part 401, “Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and
Cooperative Agreements.”
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. Subrecipient shall at all times remain an independent Contractor with
respect to the services to be performed under this Agreement. City shall provide no benefits or
insurance coverage whatsoever to Subrecipient and/or to its agents.
E. Workers’ Compensation. Subrecipient shall provide required Workers’ Compensation
Insurance coverage for all employees involved in the performance of this Agreement.
F. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets
from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply
with the insurance requirements of 2 CFR § 200.310.
G. Amendments. The parties hereto may amend this Agreement at any time provided that such
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 9 OF 12
amendments make specific reference to this Agreement, and are executed in writing, signed by
a duly authorized representative of each party, and approved by City’s governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release either party from its
obligations under this Agreement. The parties shall make every effort to duly consider and
accommodate amendments of this Agreement necessitated by a change in or nonconformance
with Federal, state, or local government guidelines and policies resulting in a change in the
funding, scope of services, or schedule of activities to be undertaken as part of this Agreement.
H. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30 days
before the effective date of such termination, giving written notice to the other party of such
termination and specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein may
only be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports of other
materials prepared by Subrecipient under this Agreement shall, at the option of City,
become the property of City, and Subrecipient shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents or materials prior to
the termination.
4. Termination for material noncompliance. In accordance with 2 CFR §§ 200.338 and
200.339, suspension or termination of the Agreement, in whole or in part, may occur if
Subrecipient materially fails to comply with any term of this Agreement or failure to
comply with any of the rules, regulations or provisions referred to herein, or such statutes,
regulations, executive orders, and HUD guidelines, policies or directives as may become
applicable at any time;
5. City shall provide written notice to Subrecipient of any material non-compliance and
Subrecipient shall have thirty (30) days to cure any non-compliance. If said material non-
compliance is cured within this time period, then Subrecipient shall not be deemed to be in
non-compliance with this Agreement.
6. Penalty for material noncompliance. In addition to suspension or termination of this
Agreement and/or any other remedies as provided by law, upon a finding of material
noncompliance, City may declare Subrecipient ineligible for any further participation in
City CDBG programming. In the event there is probable cause to believe Subrecipient is in
noncompliance with any applicable rules or regulations, City may withhold up to fifteen
(15) percent of said Agreement funds until such time as Subrecipient is found to be in
compliance by City, or is otherwise adjudicated to be in compliance.
I. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without
prior written consent of City; provided, however, that claims for money due or to become due
to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or
other financial institution without such approval. Notice of any assignment or transfer shall be
furnished promptly to City.
PY16 SUBRECIPIENT AGREEMENT – MERIDIAN DEVELOPMENT CORPORATION PAGE 10 OF 12
J. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the prior written consent of City.
All subcontracts entered into in the performance of this Agreement shall be awarded
pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or
federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to
assure contract compliance. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow-up actions taken to correct areas
of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or
subcontractors to furnish all information and reports required hereunder and will permit
access to its books, records and accounts by City, HUD or its agent, or other authorized
Federal officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their
entirety to be included in and made a part of any subcontract executed in the performance
of this Agreement. Specifically, without limitation, Subrecipient shall include the
provisions of this Agreement regarding Civil Rights and Affirmative Action in every
subcontract or purchase order, specifically or by reference, to ensure that such provisions
will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with
documentation concerning the selection process.
K. No contractual impediments. Subrecipient certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements.
L. Severability. If any provision of this Agreement is held invalid, the remainder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless
be in full force and effect.
M. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous to
the execution hereof or contemporaneous herewith.
N. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any party’s right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement.
O. Approval required. This Agreement shall not become effective or binding until approved by
the respective governing bodies of both City and Subrecipient.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
duly authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
Meridian Development Corporation
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Dan Basalone, Chairman
CITY:
City of Meridian
By: Tammy de W r- Mayor- `�GOFtPORArE
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Nathan Mueller, Secretary
Attest:
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PY 16 SUBRECIPIENT AGREEMENT — MERIDIAN DEVELOPMENT CORPORATION PAGE 11 OF 12
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