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2022-01-11 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 11, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Final Plat for Shafer View Terrace Subdivision (FP-2021-0056) by Breckon Land Design, Located on the East Side of S. Meridian Rd., Midway Between E. Amity Rd. and E. Lake Hazel Rd. 2. Findings of Fact, Conclusions of Law (Revised) for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 4. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for CARES Act Community Development Block Grant Funds - Counseling Program 5. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for Community Development Block Grant Funds - Scholarship Program 6. Subrecipient Agreement Between City of Meridian and Idaho Association for the Education of Young Children for CARES Act Community Development Block Grant Funds ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 3. Agreement to Accept Payment in Lieu of Installing Streetlights at the Goettsche Dental Office, 53 E. Calderwood Dr. Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener DEPARTMENT / COMMISSION REPORTS \[Action Item\] 7. Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $27,376.00 for Idaho Humane Society Contract Increase Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 8. West Ada School District Development Letter Changes ADJOURNMENT 5:16 pm Item#1. Meridian City Council Work Session January 11, 2022. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, January 11, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Miranda Carson, Scott Colaianni, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is January 11th, 2022, at 4:31 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: This is the last time I'm going to do this as -- for a while, so it's my honor to make a motion to adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Final Plat for Shafer View Terrace Subdivision (FP-2021-0056) by Breckon Land Design, Located on the East Side of S. Meridian Rd., Midway Between E. Amity Rd. and E. Lake Hazel Rd. Page 4 Meridian City Council Work Session Item#1. January 11,2022 Page 2 of 18 2. Findings of Fact, Conclusions of Law (Revised) for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. 4. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for CARES Act Community Development Block Grant Funds - Counseling Program 5. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for Community Development Block Grant Funds - Scholarship Program 6. Subrecipient Agreement Between City of Meridian and Idaho Association for the Education of Young Children for CARES Act Community Development Block Grant Funds Simison: Next item is our Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: We need to remove Item No. 3 from the Consent Agenda. With that said, I move that we approve the Consent Agenda as amended. For the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda, with the removal of Item 3. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 3. Agreement to Accept Payment in Lieu of Installing Streetlights at the Goettsche Dental Office, 53 E. Calderwood Dr. Simison: Next item up is item moved from the Consent Agenda, which is Item No. 3. Borton: Mr. Mayor? Simison: Councilman Borton. Page 5 Meridian City Council Work Session Item#1. January 11,2022 Page 3 , 18 Borton: In prep for today I saw that short agreement and had a question for Legal or Public Works about the in lieu of fee that's paid for one streetlight that would have otherwise been required and I just didn't recall if this is part of a program that we have adopted or is it kind of a one-off random, unique situation, because normally we require a streetlight at a location and just didn't know which one this was. Nary: Mr. Mayor, Council Member Borton, Warren Stewart is supposed to be online, but he did reach out to me, based on your question. We have done many of these, actually, quite often. Usually because there is a couple of things that trigger it. It's part of a future roadway expansion and so we don't want to put the light in now and, then, would later, then, have to move it and incur that second expense. So, that's one reason. Secondarily, sometimes the agency that's in charge of the roadway -- and in this particular case it's -- it's ITD, because it's near Meridian Road is where this is supposed to go. They don't like putting in one -- one light. What happens, to be honest, with you when you put in one light people tend to run into it. When you put in a bunch of lights people tend to avoid them. So, they don't like putting in one at a time. So, what they do is they ask us to bank it and do it as part of a larger project, either in conjunction with them for future expansion -- and the best example I can give you of that is that's how we put the lights in on Chinden along the Winco project. We had a number of fee in lieu of agreements that had been in place for a number of years, we took all that funds and put it towards those lights. So, it's a pretty common practice we have done over the years. Borton: So, is it -- Simison: Councilman Borton. Borton: -- the lights, then, would go in, but just at a later date as part of a larger project, as opposed to there will never be a light? Nary: Yes. Borton: Okay. Nary: There will be light a there. It may be a year from now or further down the road, depending on the roadway and such. And we -- again, same thing we have done with our safe paths to schools, we have a lot of those where we want them in neighborhoods, but, then, we want to kind of do it in a systematic way that makes sense for kids walking to school and things like that. So, we will pool that money and, then, do one project and put them all in at once. Borton: Perfect. Thank you. Simison: Thank you. Council, you have heard the questions. Is there a motion on this item? Bernt: Mr. Mayor? Page 6 Meridian City Council Work Session Item#1. January 11,2022 Page 4 of 18 Simison: Councilman Bernt. Bernt: I move that we approve Item No. 3 that was on the Consent Agenda that we just spoke about. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Item 3 from the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: ALLAYES. DEPARTMENT / COMMISSION REPORTS [Action Item] 7. Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $27,376.00 for Idaho Humane Society Contract Increase Simison: Next item up is from our Police Department, fiscal year 2022 budget amendment in the amount of 27,376 dollars for the Idaho Humane Society contract. Captain. Colaianni: Mr. Mayor, Council, thank you. I don't remember when we last met and had the Humane Society here giving a presentation, if everybody was here or not, so if you would just give me a minute just to kind of give you a quick recap of how we got here. When we went through the budget planning last year for this year's budget there were no discussions had with the Idaho Humane Society. Now, as we look back at it they didn't reach out to us, we didn't reach out to them and as -- as a point and matter when we placed this money in the budget we simply placed in the same amount we have the prior year and that was $549,420.96 and so we put that in this year's budget. Once the budget was approved we heard from the Humane Society and they wanted to raise our rates for their services. Obviously, that caused quite a bit of consternation given the timing of that request. As a result, Emily Cain, Captain Stokes and myself paid a visit to the Humane Society out at Dorman out at the airport to look at their operations and understand what they do there and how they do that. Look at the call load in the city, look at the response times. We really spent quite a bit of time trying to educate ourselves about their business operations and how their service drives what we do here in Meridian and what they do here in Meridian and they came forward to City Council to do a presentation. Prior to doing that they did reduce the cost by 25 percent about how much they were going to increase the budget for the Humane Society services. So, after the presentation Council approved that. We, then, spent the next three months, October, November and December, putting together the contract with Legal and Police and the Humane Society and we all agreed that we would continue to pay them at last year's rate for October, November and December. We are now here moving into the first part of the year. That's all been done, but the cost of the contract for the next part of this year is 576,796.71 . So, we are short the $27,375.75. So, we are coming in front of you tonight to make up that gap between what we have already paid, what the increased cost was, and where we are Page 7 Meridian City Council Work Session Item#1. January 11,2022 Page 5 of 18 at now. So, I will stand for any questions, if that makes sense. I know there is a lot there. I didn't want to unpack too much and confuse everybody. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Captain, do you know when -- with that amount do we pay that all in one lump sum or is that divvied out, you know, an equal share every -- every month? Colaianni: Equal share every month from my understanding, yes. Cavener: And then -- Mr. Mayor, follow up? Simison: Councilman Cavener. Cavener: This allotment, then, does that just get moved into the cycle and divvied out over the remaining months of the fiscal year? Colaianni: That's correct. So -- and as a footnote, we have put a tickler into the finance contract software, so we are going to reach out to the Humane Society as we go into budget discussions this year, so we don't have a repeat of this and they understand deeply that if they are going to do anything in terms of raising any type of rate that they need to come here and talk about that in front of us and have those discussions, that it just can't happen in a vacuum. So, we have circled back around and addressed that. So, you shouldn't see it happen again. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Captain, I have been pretty vocal -- I don't think that the Humane Society does a very good job of customer service for our citizens. My interactions with them have been less than comparable to the service we get from the city. How is their interactions with you and your department? Colaianni: So, you know, every time we have a request from them they give it to us. They provide a statistical analysis every month on all the calls that they go to in the city, what their response times are, how many animals they take in. We get a detailed analysis every month, as does the Clerk's Office, of everything they are doing in our city. Their response times on average, for example, in December was 21 minutes for all the calls in the City of Meridian. That's coming out of their dispatch center. They took in 103 animals in one month from our city. Now, those are captures and those are self surrenders and so we watch that and we are comfortable with those numbers. We have had discussions, Page 8 Meridian City Council Work Session Item#1. January 11,2022 Page 6 , 18 because we have heard some complaints here and there about their response to calls and timeliness. You know, it's like anything else, you know, it's how busy they are, the priority of calls. If they have a dog attack in one part of the county or someone's been bit and, then, you have got a dog at large in downtown Meridian, you have to weigh constantly where you are putting those resources and what may seem real important to you, we don't know what's going on on the other side of the county and like any other place they have staffing issues. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think, captain, you speak -- you speak to kind of the -- the feedback that I have heard from the public, which is that I think they are managing the calls that they are actually dispatching. The feedback I get is that oftentimes when our citizens call they are dissuaded from actually formalizing a complaint, so that nobody has to come out and that's the piece that I really struggle with. We wouldn't -- in any other department of the city we wouldn't discourage our citizens from utilizing our services and so I haven't been supportive of this budget amendment. I haven't decided if I'm going to be in favor of it or not, but I think that's the piece -- at least my ask for -- for you is that we are doing a good job of engaging with them, so they understand the expectations of our citizens, of your department, of the Council -- they have got a lot of room to improve when it comes to supporting our citizens. Colaianni: I appreciate the feedback. I will -- I will -- we don't know what we don't know and if we have somebody that's unhappy with something certainly it is our desire to remedy that and if somebody comes forward and says they have had a bad experience or they are not liking the way this is unfolding, we need to understand that and we can, then, hold them accountable, because we are the customer here. So, yeah, I would agree with you a hundred percent. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Are they doing any sort of self assessing? Do they have a section of their website that encourages feedback? Are they getting feedback from their customers? I mean is there any -- I mean are they actively receiving input from the public and seeking it versus just waiting for somebody to take the time to make a complaint? You know, most website -- websites you see will have a link that says give us some feedback or is there anything -- I should probably look at that more closely, but do you have any idea if they are engaging in that kind of business practice? Colaianni: It's a great question. It would surprise me if they weren't. Looking at their operation they seem to have covered everything that we asked of them. I simply don't know that. I would have to go to their website or reach out and ask them. I do know that Page 9 Meridian City Council Work Session Item#1. January 11,2022 Page , - 18 they provide extra patrols in our city parks, because that's one of the things we have asked them to do and last month when they sent me the report it outlined the extra patrols they had done in Settlers Park and -- and Kleiner Park and such like that, because there has been an increase in complaints of dogs at large. So, I know that they are listening in that respect, but in terms of feedback I would have to look and get back to you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a question, captain. Do they put in that report any returns back to the community? They have a program where they -- there are animals that are brought in -- cats, primarily, and, then, released back after they are fixed, thankfully, but I didn't know if they keep track of that as well. Colaianni: So, I have the report. I mean I can share it with you. They took in 103 animals last month. Two of those were wildlife. So, that left 101 cats and dogs. I don't know what the ratio is out of those. If I remember correctly they returned nine back. Now, there are quite a few self surrenders where citizens of the city bring their cats, their dogs, whatever and say we don't want animals anymore. They are your problem. Here you go and they dump them off. And so they get quite a few of those. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: My recall from the conversation last time it felt like there was an opportunity to revisit our own fees that we charge people when their pets escape continuously or they surrender their pets. I guess I would ask if there has been a follow up on that or maybe just a request if we have an applicable ordinance, if we could receive a copy of that. Colaianni: That's a great question. So, I'm in touch with Emily Kane. It is on our list of things to work on. The holidays being what they were and this happened we just haven't had a chance to circle back around, but it is on our list of things to do and bring to you. So, you will be seeing that at some point in the future. Ours were the lowest in the valley when it came to kenneling costs and return costs. Strader: Thanks for taking a look at that. Strader: Thank you. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 10 Meridian City Council Work Session Item#1. January 11,2022 Page 8 , 18 Cavener: This is probably my only begrudgingly budget amendment I'm going to make a motion to approve. So, I move we approve the Police Department fiscal year 2022 budget in the amount of 27,376 dollars. Bernt: Second. Strader: Second the motion. Simison: I have a motion and a second to approve Item 7, budget amendment. Is there any discussion? Bernt: Mr. Mayor, I don't know if my second was begrudgingly taken, but pretty close I think. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe an ask for -- for you or Council President, our new Police Department liaison, is maybe you all can connect on this in the next couple of months. I would be supportive of a budget amendment for a feasibility study to see if they are the right vendor for us, if there are other organizations that can serve this need or if it's cost beneficial for us for the level of service we can provide our citizens to bring this back in house. Simison: I can tell you that is on the chief's to do and it is constantly being monitored, but they are the only vendor in the valley, other than ourselves, or a consortium of all of us and there does not appear to be consortium of the willing throughout the valley to take this on ourselves yet. Cavener: Thanks. Colaianni: If I could add, that -- that's correct. It is on the chief's radar. We have in the past studied this a couple of times with Finance to run the numbers on building our own facility and option however you want to run it, what your levels of service would be, how many people, all those types of things and at that time it didn't pencil out financially for us to do anything and it's something we are always aware of and look at and we will certainly continue to look at it, but we have run this a couple of times to the ground and it just hasn't worked out for us and everybody's kind of there, too, what I hear in the tea leaves -- Eagle, Star, Kuna, Boise, Meridian, all use IHS; right? That's -- that's what they are -- and the county and that's what they just simply do and so just kind of where we are at right now in the valley. Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 11 Meridian City Council Work Session Item#1. January 11,2022 Page 9 , 18 Cavener: Feedback to that. I don't anticipate that doing it ourselves would be cheaper, but I do believe us doing it ourselves is a better service for our citizens and I think that's where I'm focused on, for what it's worth. Colaianni: Thank you. Fair enough. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Do we have any idea if the other cities have had similar challenges and what they might be -- how they might be addressing them? Colaianni: There have -- from what I hear there have been some concerns from the other city -- cities about cost increases. They have all went on, just like we have, and talked with them about them and -- and moved forward with their contracts. I don't know what the levels of service are like there. Us and Boise have the highest call loads in the valley given the size and the number of pets and such and so when you talk about Star and Kuna and Eagle, it's not really an apples to oranges type of thing and so I think we have to be careful there when we compare, but certainly everybody's costs go up as call loads and growth and such happen and so those are the things we face in anything. It's -- it's tricky, though. But yeah. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to just state that I don't have a challenge with -- with the city contributing or paying a higher contract if we feel like the level of service is comparable to our residents. So, just for me in this consideration it's really not as much about the dollars in relationship to our budget and where those funds are going, as much as it is -- you know, if -- if there is an equivalent factor between the amount of service being provided and the increase in cost to them to provide the service that's one thing, but if our service is decreasing -- the -- the quality of service is decreasing while our costs are increasing, that's another conversation. Simison: Council, any further questions or comments on the motion? All right. Ask the Clerk to call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and none of those sound too begrudgingly, but we understand. MOTION CARRIED: ALLAYES. Page 12 Meridian City Council Work Session Item#1. January 11,2022 Page 10 0 18 8. West Ada School District Development Letter Changes Simison: Council, next item is Item 8, which is with our Community Development. I just want to preface this conversation with -- the conversation was intended to be with West Ada City School District, not with our staff. Unfortunately, you know, we received the data from West Ada, from the -- the staff, but they hadn't even talked to their own body yet. So, they want to have a conversation with their own body-- I don't know if they will change their processes. I don't know if they will change the data. Who knows what is forthcoming from the school district. But after they meet they have agreed that they will come here and talk to the Council about the information that they provide. So, I'm suggesting that in the conversation is -- Miranda is not here to answer the school district's questions and we would like to keep this focused on the information that's been provided by them in the document that they shared and/or Miranda's responses. Any larger conversations are yet to be had with the appropriate people, but, you know, no disrespect, I don't think that having a conversation with ourself in the room is really going to benefit a lot of us and -- on this topic that was noticed today. So, with that -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Are you -- do you want to delay this conversation, then, until West Ada is in attendance? Are you -- this is like an appetizer to a yet to be determined main course? Simison: That was my office's recommendation was to delay the -- it was determined to leave it on -- Cavener: Okay. Simison: -- but I'm trying to set some parameters about let's keep the conversation -- what -- what we can official -- what we can actually provide back to you is not answer questions about what West Ada has -- what decisions they have made or what decisions they will make or information that they may or may not want to provide that we want them to provide. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Appreciate the direction this evening. I appreciate the guidance. The only question that I would have is if there is a member of Council that has a question for Miranda when she's -- while she's here that is, you know, in relation to the document that was provided by Dr. Bub that we have all read and so that -- that would probably be what I would focus on this evening. Page 13 Meridian City Council Work Session Item#1. January 11,2022 Page 11 of 18 Simison: Exactly. That's -- let's try to keep the focus to what we can control in this conversation or if there is information you want Miranda to make sure to tell them prior to them coming, so that they are aware. I'm just not sure what we are going to see -- what they provided we are going to see from them moving forward. So, with that happy to turn this over to Miranda for any opening comments that she would like to make. Carson: I think my only opening comment, Mayor, would be to thank you for that armor. I will do my best to take forward any questions you have, but I can't speak on behalf of the district. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I understand we can't speak on behalf of the district, but I do think we should have a good grip on our own data in terms of-- my first question would be what is the total pipeline of new development that we have already approved? How many single family homes and how many multi-family homes citywide is -- what's that number? That's my first question. And, then, my second question is what percentage of the total do we issue in CO's per year or what is some other metric of how many houses out of our pipeline have historically been delivered on an annual basis. Carson: Mr. Mayor, Council Woman Strader. Sorry. So, I didn't pull the full city numbers for permits issued. In anticipation of last week's meeting I did pull for everything south of the interstate and Joe Dodson gave those numbers and there are -- there were 4,176 single family units entitled and there are 1 ,224 multi-family units entitled. Of those there is 2,900 single family units remaining to be built and 1,112 multi-family units remaining to be built and, then, we would -- you can extrapolate out the number of students with the student generation rate. As far as the absorption rate or the rate those develop at, that's really hard to determine. It depends on the size of the development. So, for specific developments a small development of 21 houses is obviously going to develop more quickly than a 300 unit development, as well as where the development is at. So, something with more service availability -- those in-fill developments will develop faster typically. There is property ownership. Supply chain. It's really hard to determine. would say on average three to ten years, which I know is a large gap, but it's hard to give you anything a lot more consistent than that. I did -- for building permits we issued, over the last three years, between 1,800 and 2,000 building permits a year for single family. believe it would -- that was -- I believe that number was for single family homes, but that was for residential building permits. So, we are pretty consistent on building permits over the last few years anyways of what we have issued every year and we are working on some larger analysis of what those numbers citywide look like. Strader: Mr. Mayor, if I could just dig into that a bit. So -- sorry. Just so I understand. So, regardless of the depth of the pipeline of approvals, the amount that is permitted you are saying has been consistently around 2,000 per year citywide. Page 14 Meridian City Council Work Session Item#1. January 11,2022 Page 12 of 18 Carson: Over the last three years. Strader: Over the last three years. Okay. And then -- yeah. I think the citywide number is important and I will kind of -- just for the benefit of the group -- kind of discuss what I was e-mailing with you about. So, what I would like to see ideally in terms of data to come out of this are some scenarios, so we can sort of understand the boundaries of what we are looking at. So, if there is just the developments that have been approved today -- and I'm not worried about right now, I'm worried about like three years from now and there are no new bonds, I understand the district has calculated their program capacity. They should have updated enrollment numbers. We know the amount of students that graduate from high school every year, an idea of that. We should be able to, looking at historical data, project a percentage of our pipeline that becomes delivered every year and I would like to just see a projection of -- assuming all those things -- and they are big assumptions -- what is the capacity that we are really looking at if nothing changes? Is it a catastrophe in three years? Is it not a catastrophe? Is it that we would absorb the amount that we have already approved? I just want to understand an extreme scenario. I don't agree that them not issuing a -- I think them not issuing a bond is a mistake and not the right approach. I would hope that they would do that, but I would like to understand if they do not what are we really looking at? So, I would like to see the citywide numbers and some more information about the percentage of what is approved that typically is historic -- based on historical numbers delivered per year. I do feel like there is a lot of variability around that, but we should be able to generate an assumption around that. Carson: Mr. Mayor, Council Woman Strader, citywide we are looking at entitlements, CO's and permits issued. Districtwide West Ada is looking at build outs districtwide of the five municipalities, what's coming down the pipeline. So, they do have those numbers in their formula that they will present when they come. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm the one that asked since we were here to keep it on the agenda and -- and I guess if the first question might be addressed towards Council is the premise of this discussion is that there is a grave concern that under the scenarios -- and I totally agree with Council Woman Strader on running some scenarios, but under one scenario there is not another school built in Meridian for over ten years and in that scenario there is no bond passed and we are done building schools. So, in that path does that give us any reason for concern to change anything that we do in any manner? Simison: And Council -- oh, go ahead. Borton: Go ahead. I have always assumed for me that that isn't an acceptable scenario and that requires a different path by us, which would necessitate us running these -- this analysis to determine what's the break point that would require us to do things different. But I assume that we are all of the mindset that that's -- that scenario would be of grave Page 15 Meridian City Council Work Session Item#1. January 11,2022 Page 13 of W concern and for that reason we need to do what we are doing now, but if we are not all on the same page that that's a problem, then, this is just academic. Simison: And, again, just to keep us focused, this is about the numbers that West Ada is providing based upon their changing of student generation rates. You are on a very much more macro, larger conversation. I just want to make sure that we are staying focused on -- West Ada is changing the numbers that they are generating for development and that's what the first conversation with staff is about is just about that information for your reports. The other part is, again, a much larger conversation where Miranda doesn't need be sitting down here having this conversation -- be part of the conversation, because it's really not on her, it is on you all for your views on how West Ada is operating and the decisions that are being made. So, just, again, I want to keep it focused on the student generations per household, as West Ada is changing how they are presenting the information to you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, to that -- I mean we can -- let's say we got nothing from West Ada. We could -- with the data we already have you put -- you put student population on the X axis, you have got your -- your permit issuance, we know what the student growth rate is for the district, we know what our building -- residential building permit issuance is historically over 20 years and we know what capacity is generated by each bond from 2005 going forward and you could literally graph this and just -- you assume that the trends remain the same. I mean it's illustrative only perhaps. But we know how we have grown and so we could graph that. We would know our student capacity, design capacity of these schools sort of staircase upwards and what I envision this -- if you graphed it what we would be seeing is -- you get to 2021 and that design capacity is flat and where it has historically over 25 years jumped up as we passed a bond and created new schools, what if it doesn't and the delta between your student growth and the design capacity grows and grows and grows and Councilman Hoaglun knows the double shifting back in the '80s. Ultimately you get to some of these scenarios. So, even without data from the school district we can come up with some forecasts -- Carson: Mr. Mayor? Simison: Yes, Miranda. Carson: So, Mr. Mayor, Councilman Borton, I want to speak first to your first question. In the letter when the West Ada has their max capacity, this school will be at one hundred percent capacity, all of that is assuming, as you said, nothing is built for ten years. That's not a realistic scenario. We have not -- it's not realistic. West Ada has said it's not realistic that nothing will be built in ten years. So, they -- they do put that in and I will let them speak more to that, but it is illustrative of if nothing was built this is what would happen. So, that's what that data point is. The second question regarding what their options are, Page 16 Meridian City Council Work Session Item#1. January 11,2022 Page —— 18 there are a lot of options, as you said, and they will speak to those. But I do want to be -- when we are talking about these things remember that just because nothing is built in Meridian doesn't mean a school built in Eagle doesn't serve our needs, because enrollment shifts. So, we need to make sure that when we are looking at the growth that even though we are the City of Meridian and that's all that we can control, we are looking at -- if we are going to talk about West Ada's data, we have to look at West Ada as a whole. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To that point I totally agree and I think that -- that probably has a negative impact on bond pass -- I think one of the next schools is in Star and the difficulty in the landscape and this in our community is during the election I feel like passing a bond -- it's a different animal out there. It's a different community and their appetite for supporting our schools tragically is maybe not where it used to be. So, I'm not nearly as confident as you are that there is going to be -- there is going to be a bond passed, that our community would support it. Borton: And, Miranda, I won't ask you to comment on the support -- how -- how much you view a bond or not in passing. That's not your -- Carson: You are saying you won't ask me to comment or you want me to comment? Simison: I don't need you to comment -- Carson: Oh. Okay. Simison: -- whether or not you think it's likely or not that a bond will be passed or if -- Carson: Because I can comment on one thing, Mr. Mayor. There are a lot of tools, other than building new schools. So, that's just something to keep in mind. West Ada can speak to what those tools are, but there are a lot of tools that can come before we talk about building new schools. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess I -- I would love to understand the range of tools that's available. So, there is portables; right? They could build portables and we could figure out what the price tag is associated with that. We have had them redraw their boundaries. I understand that they have already done that. Hopefully they can continue to do that. I guess what other tools are there? Maybe I'm just not following. Page 17 Meridian City Council Work Session Item#1. January 11,2022 Page —of 18 Carson: So, from my perspective, Mr. Mayor and Council Woman Strader, there are the portables, the redrawing boundaries, busing students, going to shifts, converting choice schools to traditional schools, which is an option that they took in the north and central and I'm hopeful to say that when I ask Marcy have you considered switching those in the south, they said that's not a discussion topic. So, my opinion they haven't even discussed that as an option yet. So, there are other tools that can be brought in before we look at building. Strader: So, Mr. Mayor? Simison: Council Woman Strader. Strader: Just to dig into that a little bit. So, it sounds like you are not as worried as the thing that I am worried about, but I still think it's important to do the analysis. To me the purpose of running scenarios is to understand the outer edges of what is possible if different events do or not happen and I think we need to understand, to Councilman Borton's point, what the breaking point is where district wide we do not have capacity. So, if their program capacity numbers are available, for example, if district wide there are no bonds issued in three years we are looking at hundreds more students than they have capacity for, I would want to know that. So, I feel like we have to do the analysis assuming there isn't a bond just to know the answer of what a catastrophic situation would be and what the indicators would be for us to look for of when we have reached that point and if we don't do that analysis and we just assume that they will pass a bond I think that could be a really big error on our part. I think they should. I would be very disappointed if they didn't attempt to pass one. But I think that analysis is independent of whether or not they do move that forward. We need to know that. Simison: Yeah. I think those are great questions to talk to the board about when we meet with the board and have those conversations. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Especially, you know, what the enrollment numbers are, you know, if -- if the enrollment numbers are the same they were from the last bond, I don't know it would be very prudent of the school district to ask for another bond from -- from the citizens of Meridian if enrollment is not growing. I think that that bond would fail miserably. So, I think before they issue a bond I think it's important to know what that enrollment looks like, where the -- where the -- where the school district is growing and as a taxpayer in the city if the enrollment isn't growing why the heck am I going to vote for something that's -- that they don't need and, then, you go back to the other tools that we spoke about, that's what they need to do and in the past they have done it every single time, they react. They figure it out. And so I'm really interested to see what that -- that enrollment number is compared to what it was at the last bond and if it's the same or even close, they are not going to ask for another bond. I wouldn't expect them to. Page 18 Meridian City Council Work Session Item#1. January 11,2022 Page 16 0 18 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Council Woman Strader mentioned the solutions that the district had -- had briefly given us in a letter on a specific land use application recently, but also that -- that Dr. Bub mentioned and I -- I wouldn't -- I would highly encourage and support the district to identify critical areas across the district that need to be addressed first, make those a priority and be looking at specific solutions for those now. We are -- we are behind the curve in -- in southeast Meridian. We -- this should have been done three years ago in the Hillsdale area. I'm not as -- yes, current enrollment right now says that -- that -- that they can support the amount of students that are coming in. Maybe even for the next one or two school years. You had sent a really great e-mail kind of differentiating the difference -- explaining the difference between program enrollment and -- and building capacity and -- and helping us understand that and that they go off of program enrollment and not off of building capacity. If that's the standard that they use that's okay, that helps us even better to clarify exactly how many students can be -- can be taught in a particular building and a particular school. We are okay with using that as -- if program enrollment is what they use as kind of their standard of the number of students, then, when they share that information with us it has to be clear that that's what that is and that it's not building capacity, because I think that's a confusion for the public and really isn't even something that we have discussed as a Council as being the differences when we see these numbers and we are trying to analyze them for the purpose of a land use application; right? So, that needs to be clarified in their letters. But if they are going to recommend that they -- that there are specific solutions when -- when they are sending a letter on a specific land use application, I feel like it's upon the district to say -- and this is how these solutions will be addressed if we get above program capacity for this particular school. If they can't do that -- they should be doing that for critical areas across the district and that's what I would like to see come out of our meeting with West Ada is what are you doing with schools that are at -- at or close to program capacity with the specific solutions that you are putting out there and you are saying that it can be done -- as you said there is many of them, what's happening? Is that going to be part of their presentation? Are they actually going to come and say here is our plan for Hillsdale Elementary. Here is our plan for Mountain View. We are over capacity at Mountain View -- both program and building capacity at Mountain View right now. If West Ada isn't bringing that information to us we have no other obligation --we have no other option as a city than to be obligated to really consider not approving developments. I don't know what -- I mean I'm just -- I'm putting it out there. I know that this isn't Miranda's responsibility to give me an answer to this, but I just want to publicly say that's -- that's where I'm at in this conversation and -- and to set the expectation of what we want out of our conversation with West Ada. Simison: Council, any other questions for Miranda? Borton: Mr. Mayor? Simison: Councilman Borton. Page 19 Meridian City Council Work Session Item#1. January 11,2022 Page 1, of 18 Borton: I guess as part of that, Miranda, just some context for the reason why for me it's a big deal is I just -- I don't accept the fact that -- I'm not saying you do, but I'm just saying the reason why I'm being a stinker on this issue is a student is probably one of the most critical resources of our community and whether we have kids or not we all, I believe, have a moral obligation to provide them what's necessary to be successful and they are not widgets and they are not firewood and we don't stack them up and the mere fact that we could put 40 in a classroom -- you could probably put 50. You could put them in the hall, you can double shift them, you can have portables. I -- I'm interested in a solution. None of that is terribly acceptable to me. I think it shirks the responsibility of the community. So, that's kind of the core of why this is a big deal and the connection to that is whatever the new data that the school district provides us, what if we said: So what. I mean who cares what the student generation rate is. Are we ever going to do anything different because of it? Ever. And if we would never ever consider ever denying an application or requiring something different because of the data they provide, then, what's the point of this whole conversation. It kind of-- I will finish where I start is having this is premised upon the idea that there might be data out there and there might be information the school district provides us that would be helpful to determine whether or not an application should be approved or not and let's be honest and say it right now, if that would never impact our decision on an application, then, let's just stop. It would impact it for me. That's why I'm interested. But all of this hard work that's being done, what's it matter? It matters to me, but, hopefully, it matters to everybody else. We use this tool to make a difficult decision. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Miranda, is it possible -- I think you and I had a conversation about another -- another factor, as Joe mentioned, if you were to graph this -- is for the city to -- to not only maybe look at permits issued -- building permits issued, but look at what we expect the absorption to be from developer information on phasing plans and whatnot and I -- that's a big huge amount of data and staff time to put that information together, but I think if we looked at really smaller areas of Meridian and did it really incrementally that that information would considerably help West Ada to even, then, understand micro areas within a district or micro -- you know, within one elementary school where they can figure out how many students will potentially be coming in based on builders phasing and the -- and the expected amount of new properties that will be built within a certain time frame, as you -- I think you had said three to ten years or so. The analysis that was done by an applicant last week that we had come in and there was a letter that was done that said we anticipate so many students this year, so many students this year, so many students this year -- would love to see more of that kind of data from the applicants as they come in, but where we are currently at, if there is any way the city could at least look at the -- the two or three --there is -- there is only--from what I can tell two or three schools within our district to that -- where we are at this critical need to have this kind of detailed information. I would love to see the city be able to provide that information to the district, so that they can even get more specific about how -- exactly how many students are we Page 20 Meridian City Council Work Session Item#1. January 11, 2022 Page 18 of 18 going to be over capacity and -- and at what year are we going to be over capacity in a particular area. Carson: Mr. Mayor, Council Woman Strader, they -- they do look at that information now. So, that is something that they will show you when they do the formula. That's something that's been looked at for years. It's been in their formula when they redraw boundaries. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just think part of the challenge is like look at a development like Century Farm, maybe it was supposed to take a decade and, shoot, if it didn't happen in four years. That's why I think the historical delivery percentage is really important to -- to compare to the developer's phasing plans, because there seems to be an acceleration of a lot of the phasing plans and I just wanted to state, you know, my mindset. I believe that this is a worthwhile data exercise, because I believe for me as a leader that we should adjust our behavior in terms of our growth or at least consider different options that we would not have normally considered. If we are in a situation where we are unable to provide students with an adequate education in Meridian. That's just me, but I just wanted to state that above that I'm of that mindset as well. Simison: Council, any other questions? Okay. Thank you, Miranda. And we hope to have the district staff here at the end of the month is our goal, based upon the conversation they have with their leadership on the information they are providing, so with that we are at the end of our agenda. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we -- Simison: Adjourn. Bernt: -- adjourn the meeting. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2-1-2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: Page 21 CHRIS JOHNSON - CITY CLERK 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Shafer View Terrace Subdivision (FP-2021-0056) by Breckon Land Design, Located on the East Side of S. Meridian Rd., Midway Between E. Amity Rd. and E. Lake Hazel Rd. Page 3 Item#1. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: January 11, 2022 Topic: Final Plat for Shafer View Terrace Subdivision (FP-2021-0056) by Breckon Land Design, Located on the East Side of S. Meridian Rd., Midway Between E.Amity Rd. and E. Lake Hazel Rd. Request: Final plat consisting of 49 building lots and 10 common lots on 40.45 acres of land in the R-2 and R-4 zoning districts. Information Resources: Click Here for Application Materials Page 4 Item#1. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/11/2022 Legend DATE: 0Projec1L<=ton RUT R1 Rl Rl TO: Mayor&City Council �- FROM: Sonya Allen,Associate Planner R- R-4 208-884-5533 R-4 R1 SUBJECT: FP-2021-0056RU T 2 Shafer View Terrace R. R-4 LOCATION: South side of W. Overland Rd., 1/4 mile east of S. Ten Mile Rd.,in the NW 1/4 of C-O F R- _ Section 23,T.3N.,R.1 W. R-4 RUT R=4— RR Ia.R-4 ,RUT I. PROJECT DESCRIPTION Final plat consisting of 49 building lots and 10 common lots on 40.45 acres of land in the R-2 and R- 4 zoning districts for Shafer View Terrace Subdivision. II. APPLICANT INFORMATION A. Applicant: Claire Smarda,Breckon Land Design—6661 N. Glenwood St., Garden City, ID 83714 B. Owner: Jim Chambers, Shafer View North,LLC—7150 W. Potomac Dr.,Boise, ID 83704 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and common open space as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Note: The City Council approved a waiver to UDC I1-3A-6B to allow the McBirney Lateral to remain open and not be piped with H-2020-0117. Page 1 Page 5 Item#1. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 5/17/2021) PLAT LEGEND y--I CONTACTS —— •,e 4 �� NOT FOR 1 a , T --r —r-VICINITY MAP ------------------------------------------ it•. " - -a-a �-° =.�:'°�' -- �' `� \\ [� a- I. DEVELOPMENT INFORMATION ❑ ye=®.:d .F ,. 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TNL DEVELOPMENT OF T0S - v'v RRpPE SHALL SE fN COMPLi GE r� W7h'T E BO15E DEVELOPMENT CODE 'j= lazocx s r�`" +l` hiQ'S7LYW .J OP A$$PECfFMALLY APPROVED HY L- � --J--- _ _-- .y�yk __-� Yio.5f' 3 T' c _LL __- -__-_- PCLs d DLCTS SHALL AACT BE PEOVCEn rN ' 3r"!•'N'M' - S2�Wlh1DIIT PRN1R APPRDYA!FRChf Tk H L'M A,)TNORIIY. ---- NSfmd&71' 4. !JD ACDTDLl4AL OQNE ALL D rEw - fD0.00' q} SUPPLIES SHALL 8E INSTALLED 2ErE.�A ,n THE WATER SYSTEM PPPwpy^O �5Y•Y9'/YW I R1/+/I Tf'YY SANITARY A REST.DUN RF�EaSE. rgl'�' �y 11 f�-'� REFER rp POU If—tt OV Trr: ON F][£REGARDING ADDITIONAL G � NI!'�YG'1y f 1. THIS DEVELOPMENT IS SL+AAV TO E516.f• THE CL'venAN15.C R'S)MA AND TOS ICTfONS(CC&R'S1 O PFIL MI TO THE DEVELOPME7 TO eE FILED I ANC RELY'S 1N THE A0.A COUNTY RECORDER'S OFFICE. d LEGEND REFERENCES rr2�xsYr _ 40.&LOOCK'}�LOT�1;2HLOC 2.LOTS R1= SHAFER trcE'rr ESTe TES SxIBA1N9CN, f7R 70' RECORD F P FA,r.55 5a03-H40f DESIGNATED}; 3.LOT a,810CR H AHL ----------x RT= RECORD OF SVR VEY nP. 55 fA HCP �3 - BOED .AS COMMINJ AND SHALL HE EOWN Ana SWA 1 9r CA HEMEGWNERS FOR AND CANN'JT 9£DEVELOPED Fp4 R£$IA£fJTWy RP0.E5. u�Wr 6A515 OF BEARING 0 A.w .Je`Yir ° r..r.NawrrArr neewuwOD-I E£TxF£ex—11_4 ANER cN, CWM@V TO SECTILYIS 3!&36 AID 1 -o£rE 7FfE sa.THW�sr CpquER c'�s£cmcw.T1. AfAPPING NOTES: • A4].5%'MlAV PW, ,Fr Lin£A- TABLE a5•M LINE TABLE o �r s/e•ure,rm w>H Area SURVEYOR'S NARRAPVE.' TD 15 TO SUBLV NDE THE x£vARCI-EL PLS IfC6I A5 SHONN PER 1OAN0 CODE r FW'NU AND HELi1 • HEW�AMEN TS PER Ri rO --- LVT=mfxo£vnoAw E-'+"Ol f2 THE ExTt;f::1✓ Nathan J. A=RA �w 6WNDAR r, Dang 13 �St TFs' TE J06 N0. 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T-.— o LU f uaua°nnme�udw�c. , I I e ;+ i ym WeL 4 I LLI a W g �LANDSCAPE -AREA ONE W Im w U�j m O LLIXfT LEGEND i �i _ �Q a LANDSCAPE LEGEND ® „„�„;.;„,a R ,� av ==a LL g sv'aa r emaru I—E �.N x.Me eaE °umr sae - - 4 am co /�� i ITIKFY MAP � IN I j �� -® r = _- •��__ 1, °��= "!M 12i:1 iK i I•• -- n o N cm Co W W ¢ F-o aL—u d 1 LANDSCAPE PLAN-AREA TWO ' ¢Q U s CALLOUT LEGEND 70RF AAEA PREPARATION NOTES S 2 Q c f LANDSCAPE LEGEND O`.^."««.,. ^.^'..""' ,.'M....•A.. ¢ ZZaZ nw�.Q,e..,,e. ® I '' 1'F2�ilh. wMexr - _ �' LL�� �. .... .,.� LLI 4 cn f� KEY MAP n L1.02 Page 8 Page 12 Item#1. 3 AMigIJNF6FEfrFE*LW o0 j , " I ZW W toaL¢ CO so W¢ — oa Ha W W a _ LANDSCAPE PLAN-AREA THREE r v w w U U ! ti�• ' �`. CALLOUf LEGEND r7 M am,IN LANDSCAPE LEGEND °.,�..«.�.,. KEY MAP _ W Zz w.n. �--- .���ro �� ro nmv.e—a .ICY BOIMIICIL NMIE v �NM.E A 11•1111RY ! _ Znn • .� TREE PROTECTION DETAIL �ro� ® "�"""`� ®� w�^"'""���" L1A3 LANDSCAPE LEGEND WL 4 3 e _ CALLOUT LEGEND O (fr•j• O a•v I ^,.mo w-.:.:` m..,.e^ j a LU¢ p r 14 --5 •t&�'S�'x•w.ww+xr �mwe NV;Q 49 dg �a Ww a� - W W UtA �r � --�"_ / � rceowLs ax+wFwars>:nmxw.ueNru� (=A LAN APE PLAN-AREA FOUR ✓ {��Iri ! PLANTER BED CUT EDGE .(�IWROUGHT IRON FENCE RraicuA,meEs Nmeru«s1 -szrrr L1.04 Page 9 Page 13 Item#1. LANNDEC�APE LEGEND • GALLOUT LEGEND 12 aa19 '' c\ �� /! '\ •G7 {.GC:x.:,rcw. ie.:.w.xe.. 01K�DW¢ c e •' .'. N._� 9 i'x.Li1":xw�mnwucn.«.xr:n.. W Q Cc OW W g 's LANDSCAPE PLAN-AREA FIVE �IIr��IE ` WEED ABATEMENT NOTES. TOPSOIL NOTES -- /� .-• �x.i01 xx LANDSCAPE LEGEND -.� Al.k. - x_� w I '� ��' CALL®LEGEND x •^���,� DW .Nit z ED wILr —__— ...�.:.:. :..... :.�..� F-fl Wa a 5Ka,IL,� U ----------------.�.. ..�--�.�..�_-�..�-----51—.. ®tifi.'is'�wd^., W LLlAREA SIX Er Z Z LO a� � �VINYL�FENCE PANEL �.M...w� gr L106 Page 10 Page 14 Item#1. STORMWATER POND REVEGETATION REQUIREMENTS CALLOUT LEGEND ® = - LANDSCAPE LEGEND ZO . ,...,......,.,..,- ram.. ���,..�.� .�...m CO.WS € f� � LL,oaa € =Z zo -5 TREE MRIGATION. AREA) a LAND PEP - R EVE L107 1 PARK AREA MONUMENT SIGN SECTION " I M ....-.,R V� W� .......,.... Z w "7 TLRRAC 0 g cc _ � /- 2 PARK AREA MONUMENT SIGN ELEVATION „a�4 DECIDUOUS TREE PLANTING y W Ic ice¢ SWNa _ maw. . " m y g ! BOULDER INSTALLAT ��CONIFEROUS TREE PLANTING���� �"�' PARK AREA ENGLARGEMENT IJIFfFFETATaIRC'WAC�crrc� LD ION Page 11 Page 15 Item#1. D. Emergency Access Approved by Fire Dept. 141 li'r E3f' jL e��n-�J¢uv2�Ev ei' ••.. - - —1-7--T--7-- -1--�- �- I--r--I--I I . I Q 1 • I m m e e • • � • w I e ' • e , y 1' 04 o 1woo,(n i 1 • �� -` - '\ VOOw W Q � a: w wLL �M r w S 1 EXHIBfT EX The emergency access shall require Knock-over bollards or a chain knox padlock and bollards approved by the fire department. Page 12 Page 16 Item#1. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0117,Development Agreement Inst. #2021-102396. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by June 15,2023) in accord with UDC I I- 6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Accurate Surveying&Mapping, stamped on 10/25/2021 by Nathan J. Dang, shall be revised as follows: a. Include a note prohibiting direct lot access via S.Meridian Rd./SH-69 and E.Quartz Creek St. b. Note#2: "Minimum building setbacks shall be in accordance with the Buse Meridian City Zoning Ordinance." c. Note#6:"The development of this property shall be in compliance with the Boise Meridian City Planning and Zoning ordinance." d. Delete note #7 (Note #6 is sufficient as there is no PUD for this development and no variances or exceptions were approved to the UDC). e. Note#8: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." £ Include the PLS's signature and date on each sheet. g. Include the year the plat will be recorded in the situate statement on Sheet 1. h. The ACHD storm drainage easement should not encroach onto building lots (i.e. Lots 33- 35,Block I and Lot 2,Block 4. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 2/7/20, is approved as shown. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-2 and R-4 zoning districts listed in UDC Tables 11-2A-4 and 11-2A-5,respectively. 8. A 14-foot wide public pedestrian easement for the multi-use pathway along S. Meridian Rd./SH-69 shall be submitted to the Planning Division in accord with the Park's Department requirements per the Pathways Master Plan for the portion of the pathway that is outside the public right-of-way.A copy of said easement shall be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature. 9. A final plat shall be recorded that includes Lot 1, Block 5 prior to any development occurring on the property as set forth in the Development Agreement. Page 13 Page 17 Item#1. 10. The developer shall construct a northbound right-turn lane on S. Meridian Rd./SH-69 onto E. Quartz Creek St. prior to issuance of the first building permit in this development in accord with ITD standards as set forth in the Development Agreement. 11. Noise abatement shall be provided along S. Meridian Rd./SH-69 in accord with Detail #1 "Berm Adjacent to Meridian Road"depicted on Sheet L1.00 of the landscape plan as set forth in the Development Agreement. 12. The rear and/or sides of structures on lots that abut S.Meridian Rd./SH-69 and E.Quartz Creek St. shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. 13. The pond shall have recirculated water and shall be maintained such that it doesn't become a mosquito breeding ground as set forth in UDC 11-3G-3B.6. 14. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The angle at manhole SSMH#14 must be a minimum 90 degrees. Add additional manhole(s) as needed.An access pathway must be added between SSMH#11 and SSMH#14 per Meridian Standards. Sewer and Water in the common lot between SSMH#11 and SSMH#14 requires a 30' easement per General Condition #25 below. Ensure that no permanent structures (trees, bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.) are built within the utility easement. 2. Applicant shall be required to comply with the "to and through"policy of the city of Meridian. A 12-inch water main must be constructed from the existing blow-off west of Prevail Way to the eastern right-of way of SH-16. Provide a 20-foot wide water easement for future water connection from the west end of E Prairie View Drive west to the proposed water main. General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. All improvements related to public life,safety and health shall be completed prior to occupancy — Page 14 Page 18 Item#1. of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 7. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 8. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 9. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 10. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 11. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 15 Page 19 Item#1. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 21. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 24. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 25. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 26. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 16 Page 20 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law (Revised) for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. Page 21 Item#2. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI �N,­ AND DECISION& ORDER In the Matter of the Request for Preliminary plat(PP)Consisting of 25 24 Buildable Lots and Two (2) Common Lots on 36+/-Acres of Land in the R-40 and C-C Zoning Districts for Outer Banks Subdivision; and a Conditional use permit(CUP)for a Multi-Family Development Containing a Total of 516 Residential Dwelling Units Consisting of(364)High-Density Apartments,(126)Flat and(26)Townhome Style Units in the R-40 and C-C Zoning Districts for The 10 Meridian,by JUB Engineers,Inc. Case No(s).H-2021-0063 For the City Council Hearing Date of: December 14,2021 (Findings on January 4,2022—Revised Findings on January 11,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 14,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 14, 2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS—PP;THE 10 MERIDIAN CUP H-2021-0063 - I - Page 22 Item#2. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 14,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for preliminary plat and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 14,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS—PP;THE 10 MERIDIAN CUP H-2021-0063 -2- Page 23 Item#2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 14,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS—PP;THE 10 MERIDIAN CUP H-2021-0063 -3- Page 24 By action of the City Council at its regular meeting held on the 1 lth day of January 2022. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 1-11-2022 Attest: Chris Johnson City Clerk 1-11-2022 Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-11-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR OUTER BANKS-PP;THE 10 MERIDIAN CUP H-2021-0063 -4- item#2. EXHIBIT A STAFF REPORT WE I COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING December 14, 2021 Legend DATE: letProject Lflca�ian � ■ TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0063 —Outer Banks Subdivision/The 10 Meridian k LOCATION: SWC of W. Franklin Rd. &S. Ten Mile Rd., in the NE '/4 of Section 15, Township 3N.,Range 1 W. (Parcel: 51215110058) 1 I. PROJECT DESCRIPTION Preliminary plat(PP) consisting of 23 24 buildable lots and 2 common lots on 36+/-acres of land in the R- 40 and C-C zoning districts for Outer Banks Subdivision; and a Conditional use permit(CUP)for a multi- family development containing a total of 516 residential dwelling units consisting of(364)high-density apartments, (126) flat and(26)townhome style units in the R-40 and C-C zoning districts for The 10 Meridian. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 36-acres(plat boundary) Future Land Use Designation Mixed Use—Commercial(MU-COM);High Density Residential(HDR);and Mixed Use—Residential(MU-RES) in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial,multi-family development,vertically integrated residential Current Zoning Community Business(C-C)&High-Density Residential(R- 40) Proposed Zoning NA Lots(#and type;bldg/common) 25 24 buildable lots/8 2 common lots Phasing plan(#of phases) 2 Number of Residential Units(type 516 units [(364)high density apartments,(126)flat and(26) of units) townhome style units] Page 1 Page 26 Item#2. Density(gross&net 23.07(gross)units/acre Open Space(acres,total[%]/ 4.74 acres buffer/qualified) Amenities A clubhouse with a swimming pool,fitness center,dog wash facilities,intemet cafe,co-working center,game room;(6) BBQ's; (2)plazas;a fire pit;(2)sports courts(i.e.bocce ball, pickle ball);children's play equipment;open grassy areas of at least 50'x 50' in size;a dog park;a plaza;and a children's play structure. Physical Features(waterways, The Kennedy Lateral bisects this site. hazards,flood plain,hillside) Neighborhood meeting date;#of July 26,2021;no attendees other than the Applicant attendees: History(previous approvals) H-2021-0025 (DA Inst.#2021-132704—The 10 at Meridian) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed via W.Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. as (Arterial/Collectors/State shown on the plat. Hwy/Local)(Existing and Proposed) M I A Traffic Level of Service W.Franklin Rd.—better than"D"/existing plus project"F'; S.Ten Mile Rd.—Better than"D"(acceptable level of service is"E") Stub No stub streets exist to this site from the property to the west;therefore,none can be Street/Interconnectivity/ extended. Cross Access Existing Road Network There are no existing internal roadways within the site;W.Franklin Rd. and S.Ten Mile Rd.are existing arterial streets that border the site along the north and east boundaries. Existing Arterial Curb,gutter and a 7-foot wide attached asphalt path exists along S.Ten Mile Rd. Sidewalks/Buffers Curb,gutter and a 7-foot wide attached(near the intersection)and 5-foot wide detached(outside of the influence area of the intersection)concrete sidewalk exists along W.Franklin Rd.No buffers exist on this site along either roadway. Proposed Road There are no roadways,bridges or intersections in the general vicinity that are in the Improvements IFYWP or the CIP. Fire Service • Distance to Fire 1.9 mile from Station#2 Station Fire Response Time Within 5-minute response time goal Page 2 Page 27 Item#2. Description Details Page • Resource Reliability 85%(goal is 80%or greater) Risk Identification 4—current resources would not be adequate to supply service to this project. • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Will vary depending on building size and occupancy types. • Other Police Service See Section IX.D West Ada School District ProjectedapantV Miles • Distance(elem,ms,hs) Enrollment JD—.to Sch—[) • Capacity of Schools Chaparral Elementary 494 700 1.1 Meridian Middle School 1062 1250 3.3 • #of Students Enrolled Meridian High School 1831 2075 2.0 • Predicted#of students 56 generated from proposed development Community Development https://weblink.meridiancity.orQ/WebLink/Doc View.aspx?id=241147&dbid=0&repo= School Impact Table MeridianCity Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunk Shed F. Estimated Project Sewer ERU's See Application • WRRF Declining Balance 14.21 • Project Consistent with WW Master Yes Plan/Facility Plan • Impacts/Concerns •Flow is committed •See Public Works Site Specific conditions in Section IX.B Water • Distance to Water Services Directly adjacent • Pressure Zone 2 • Estimated Project Water ERU's See application • Water Quality None • Project Consistent with Water Master Plan Yes Page 3 — Page 28 Item#2. • Impacts/Concerns [see Public Works Site Specific Conditions in Section IX.B C. Project Maps Future Land Use Map Aerial Map Legend y, Fry Legend f I tial IetPrajeci Lac❑-Ron fetPrajeci Lac❑lion rV AAe -H igh. sift' - R�e id i_ - iid MU-Res i � x Mxed L_- nt # . H ig D e �' �:' ■ ■ i, t N Zoning Map Planned Development Map u (Legend BUT R_8 Y C-C (Legend I0Prajeci Lac❑lion R 1 — let Project Lacs iron RUT +- 11 City un-ab, R -N 1-L — Pkonned Parcels � -1�5 R-is T d ff.J mix R TN-C ° Op C-C Awa clo o• o -RU o ❑U ° III. APPLICANT INFORMATION A. Applicant: Wendy Shrief,JUB Engineers,Inc.—250 S. Beechwood Ave., Ste. 201,Boise,ID 83709 Page 4 Page 29 Item#2. B. Owner: 10 Mile Franklin,LLC—837 Jefferson Blvd.,West Sacramento, CA 95691 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/19/2021 11/28/2021 Radius notification mailed to properties within 300 feet 10/12/2021 12/2/2021 Public hearing notice sign posted 10/22/2021 11/29/2021 on site Nextdoor posting 10/15/2021 12/6/2021 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLA : LAND USE: The majority of this property is designated Mixed Use Commercial(MU-COM)(northeast 22+/-acres) and High Density Residential(HDR) (southwest 11+/-acres) on the Future Land Use Map (FLUM)in the Comprehensive Plan with a narrow sliver of Mixed Use Residential(MU-RES) (3+/-acres) along the southern boundary which will be mostly be right-of-way for W. Cobalt Dr. This property is located within the area governed by the Ten Mile Interchange SR Area Plan(TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses (see pg. 3-9 in the TMISAP for more information). HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre(see pg. 3-7 in the TMISAP for more information). The purpose of the MU-RES designation is to encourage a diversity of compatible land uses that may include a mixture of residential, office,retail,recreational, employment, and other miscellaneous uses(see pg. 3-8 in the TMISAP for more information). Mixed use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses.Mixed use areas are anticipated to have 3 or more significant income producing uses(i.e.retail,office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan (pgs. 3-7 &3-8). The site is proposed to develop with a mix of uses(horizontal and vertical)as shown on the site plan in Section VIII.D. High-density 4-story multi-family residential apartments(200 1-bedroom& 164 2- bedroom units)are proposed in the HDR designated area on the southwest portion of the site. Four-story multi-family flats(68 1-bedroom and 58 2-bedroom units) and 3-story multi-family townhouse style(26 3- bedroom units)units with a 15,525 square foot clubhouse/recreation center, 2-story vertically integrated mixed use [primarily retail uses on the Pt floor(28,600 s.f.)with residential(22 1-bedroom and 11 2- bedroom units)on the 2'floor], commercial(113,200 s.£)and QSR(i.e. fast food restaurant)with drive- throughs(8,450 s.f.)are proposed in the MU-COMM designated portion of the site adjacent to W. Franklin Page 5 Page 30 Item#2. Rd. and S. Ten Mile Rd.A total of 549 residential units and 150,250 s.f. of commercial uses are proposed to develop on the overall site. Staff finds the mix of income producing uses proposed as well as the vertical and horizontal integration of such uses and residential densities interconnected by pedestrian walkways and amenities is generally consistent with the goals of the TMISAP for this area. Transportation: W. Franklin Rd. and S. Ten Mile Rd. are existing 5-lane arterial streets that run along the north and east boundaries of the site that are fully built out. Cobalt Drive is proposed to be extended as a collector street from S. Ten Mile Rd. at the southeast corner and off-site along the southern boundary of the site to the project's west boundary consistent with the Master Street Map in the Comprehensive Plan and the Transportation System Map in the TMISAP. The Transportation System Map depicts the Ten Mile intersection with Cobalt as right-in/right out. The Street Section Map depicts this segment of Cobalt as Street Section D,which is a residential collector street per the Transportation System Map. Buildings on such streets have limited setbacks behind the sidewalk and a tree-lawn is required. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. powLWW UN Street Section R tdH &� Note:ACHD has requested the City and ITD consider requiring the Applicant to extend the southbound left turn lane at the I-84/Ten Mile Rd. intersection to 700 feet and modem the landscape median to accommodate additional vehicle stacking.ACHD has not accepted the right-of-way for the segment of Ten Mile Rd. that would encompass the extension of the southbound left turn lane so this is not within their right-of-way. Staff believes the City does not have the authority to require a roadway improvement that is not on the Applicant's property and is not directly related to the application.However, staff encourages the applicant to mitigate the concerns raised and seek ITD approval to make the necessary modifications as noted above. Design: Conceptual building elevations were submitted for the high density, flats and townhome style multi-family residential and mixed-use/vertically integrated structures and the associated clubhouse. The design of the proposed multi-family structures appears to be of a high quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the commercial portion of the development as tenants are unknown at this time. Final design of the site and all structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual in accord with the Development Agreement(Inst.#2021-132704,provision#5.1b).The commercial portion of the development should incorporate similar design elements,colors and materials as the residential portion of the development. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): Page 6 Page 31 Item#2. • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents."(2.01.02D) A variety of multi family housing is proposed in this development consisting offlats, townhome and high-density apartment style units, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. The school impact table prepared by the Community Development Dept. shows capacity at area schools below capacity although only slightly so for the middle and high school currently serving this area. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the east at the intersection of Vanguard/Wayfinder to serve this area— other transit stops may be added in the future. Transit services are available to serve this site via Route 40. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment (retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) This property is an enclave surrounded by City annexed land. Annexation and development of this property will maximize public services. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided."(3.03.03) The proposed development plan is generally consistent with the City's vision for this property through the Comprehensive Plan; the developer will extend public services and infrastructure as needed for the development. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above and is consistent with the approved Development Agreement. Page 7 Page 32 Item#2. VI. STAFF ANALYSIS A. PRELIMINARY PLAT A preliminary plat(PP) consisting of 23 24 buildable lots and 2 common lots on 36+/-acres of land in the R-40 and C-C zoning districts is proposed for Outer Banks Subdivision(see Section VIII.A). The plat is proposed to develop in two(2)phases; the first phase is the high density apartments in the R 4-0 mixed-use area in the C-C district on the northeast portion of the site (northeast of the Kennedy Lateral)and the second phase is the Kennedy Lateral)high-densitgpartments in the R-40 district on the southwest portion of the site (southwest of the Kennedy Lateral). Right-of-way(ROW) for the extension of W. Cobalt Dr. on the subject property is proposed to be dedicated with the plat; ROW for the portion on the property to the south will be dedicated separately via deed with approval from that property owner. Existing Structures/Site Improvements: There are no existing structures on this site. Curb,gutter and a 7-foot wide attached asphalt path exists along S. Ten Mile Rd. Curb, gutter and 7-foot wide attached(near the intersection)and 5-foot wide detached(outside the influence area of the intersection) sidewalk exists along W. Franklin Rd. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-2B-3 for the C-C zoning district.In the C-C district,there are no minimum setback requirements;however,future buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures per Building Code. Access(UDC 11-3A-3): Access is proposed via W.Franklin Rd., a commercial arterial; S. Ten Mile Rd., a residential mobility arterial; and the future extension of W. Cobalt Dr., a residential collector street, as shown on the plat. Two(2)access driveways are proposed via W. Franklin Rd.—one(1)full-access, 930' west of Ten Mile Rd. and one(1)right-in/right-out only,450' west of Ten Mile Rd.ACHD has approved the full access as a temporary full access and the right-in/right-out only as proposed with an eastbound right- turn lane. Two(2)access driveways are proposed via S. Ten Mile Rd.—one(1)right-out only, 375' south of Franklin Rd. and one(1)right-in/right-out only, 775' south of Franklin Rd. ACHD has approved the right-out and the right-in/right-out only as proposed with an eastbound right-turn lane. Two(2)full-access access driveways are proposed via W. Cobalt Dr.—one(1) 388' west of Ten Mile Rd. and one (1) at the site's west boundary. A cul-de-sac meeting Fire Dept. standards is required to be constructed at the terminus of the road. The Applicant has been working with the property owner to the south on the location and design of the portion of Cobalt Drive that's on their property(Parcel #S 1215131400)(see road plan in Section VIII.B).A Road Construction and Cooperative Development Agreement has been signed by the two property owners in accord with the Development Agreement (provision#5.If)but is in the process of being amended. The extension of Cobalt will be constructed prior to or with the first phase of development. The abutting property to the west has recently developed and no streets, driveways or pathway stubs were provided to this site. For this reason, Staff isn't recommending a cross-access easement/driveway is provided. Page 8 Page 33 Item#2. A Fire Protection Access/Phasing plan was submitted with this application,which is included in the Fire Dept. comments in Section IX.C. Based on ACHD's traffic counts,with development of this property Franklin Rd.will still operate at an acceptable level of service(i.e. "D")but Ten Mile Rd.will not(it'll go from"D"to "F").An acceptable level of service is"E". The improvements requested by ACHD (i.e. the extension of the southbound left turn lane at the 1-84/Ten Mile Rd intersection to accommodate additional vehicle stacking) would not change the level ofservice. Road Improvements: Ten Mile Rd. and Franklin Rd. are fully improved with 5-lanes;road widening is not required. ACHD is requiring additional ROW to be dedicated for the extension of the eastbound right-turn lane storage on Franklin Rd.with the first phase of development;the intersection of Cobalt/Ten Mile is restricted to right-in/right-out/left-in; and a dedicated southbound right-turn lane is required to be constructed on Ten Mile Rd. at Cobalt Dr. Cobalt Dr. is proposed to be extended from Ten Mile Rd. to the west boundary of the site within 70 feet of ROW(46-foot back of curb to back of curb, see Section VIII.B). Cobalt will be partially on this site and partially on the abutting property to the south and will include a bridge across the Kennedy Lateral. As noted above in Section V,the Transportation System Map in the TMISAP depicts a right-in/right out collector street at the intersection at Cobalt/Ten Mile. ACHD has approved Cobalt as a public street with a right-in/right-out/left-in only from Ten Mile Rd. based on the TIS. Because the TIS supports this access, Staff is amenable to this change from the TMISAP. As noted above in Section V, Cobalt is designated as Street Section D,a residential collector street, on the Street Section Map in the TMISAP. As such,it should have(2) 11-foot wide travel lanes, 6-foot wide on-street bike lanes and 8-foot wide parallel parking within 50-feet curb to curb, 8-foot wide planter strips (i.e.tree lawn/parkway)and detached 6-foot wide sidewalks as shown on the diagram above. The proposed street section reflects 3-lanes(2-travel lanes with a center turn lane), 3.5-foot wide bike lanes, curb, gutter, 7-foot wide planter strips and 5-foot wide detached sidewalks. ACHD's staff report states if parallel parking is required by the City, it should be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. (parking is not allowed to be striped on ACHD roadways).Bike lanes are required to be a minimum of 6-feet wide. Staff recommends Cobalt is constructed in accord with Street Section D in the TMISAP, as recommended by ACHD. Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site. However, a pathway is proposed through the common area that separates the high-density apartments from the mixed-use area within the Kennedy Lateral easement. Walkways are proposed throughout the site for pedestrian access and interconnectivity. Sidewalks (UDC 11-3A-17): A 7-foot wide attached sidewalk exists along Franklin Rd. abutting the site within the influence area of the intersection transitioning to a 5-foot wide detached sidewalk for the remaining site frontage. A 7- foot wide attached asphalt pathway exists along Ten Mile Rd.which should be replaced with a minimum 6-foot wide detached sidewalk,separated from the curb by a minimum 8-foot wide tree lawn/parkway,consistent with Street Section A in the TMISAP(see pg.3-20).A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. Page 9 Page 34 Item#2. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2A-8 for the R-40 zoning district and 11-2B-3 for the C-C zoning district based on the street classification and planted in accord with the standards listed in UDC 11-3B-7C. A landscape plan was submitted for the proposed subdivision landscaping, included in Section VIII.B. Required street buffer widths are as follows: 25-feet along W. Franklin Rd., an arterial street; 35-feet along S. Ten Mile Rd.,an arterial street and entryway corridor; and 20-feet along W. Cobalt Dr., a collector street. The street buffers along Franklin Rd.,Cobalt Dr. and the portion along Ten Mile Rd. north of the driveway access nearest the intersection appear to meet the minimum width standard; however,the portion along Ten Mile Rd. south of the driveway nearest the intersection does not meet the minimum width standard and needs to be widened(see UDC 11-3B-7C.]a for measurement standards); the plans should be revised accordingly.A common lot or a permanent dedicated buffer for the street buffers should be depicted on the plat and should be maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2b. The number of trees proposed in buffers meets the minimum standard; however, a mix of trees and shrubs with lawn or other vegetative groundcover is required—shrubs should be added to the buffers in accord with UDC 11-313-7C.3a. Tree lawns need to be provided along Franklin Rd.,Ten Mile Rd. and Cobalt Dr.consistent with the TMISAP where not proposed. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C,which requires a mix of trees, shrubs, lawn, and/or other vegetative ground cover—a minimum of one(1)tree per 100 linear feet of pathway is required. The landscape plan should be revised accordingly to include shrubs along the pathway. Landscaping is required in common open space areas in the R-40 portion of the development in accord with the standards listed in UDC 11-3G-3E. With development of the C-C zoned portion of the site, a 25-foot wide buffer to residential uses is required along the west boundary of the site landscaped per the standards in UDC 11-3B-9C. A calculations table should be included on the landscape plan submitted with the final plat application that demonstrates compliance with the above standards. Common Open Space& Site Amenities(UDC 11-3G-3): The standards for common open space & site amenities listed in UDC 11-3G-3 only apply to residential districts;therefore,only the R-40 zoned portion of the site is required to comply with these standards. A minimum of 10% qualified open space is required to be provided within the multi-family development in the R-40 district,which consists of approximately 13 acres. Therefore, a minimum of 1.3 acres of qualified open space area is required. A minimum of one (1)qualified site amenity is required to be provided for every 20 acres of development area. Based on 13 acres,a minimum of one(1) qualified site amenity is required. The proposed open space and site amenities meet and exceed the minimum standards; see CUP analysis below for details on the open space& site amenities proposed. Waterways(UDC 11-3A-f: The Kennedy Lateral bisects this site and is proposed to be piped throughout the development in accord with UDC 11-3A-6,which requires laterals to be piped unless improved as a water amenity or linear open space. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Page 10 Page 35 Item#2. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP are required along W.Franklin Rd.and S.Ten Mile Rd.(see pg.3-22). Streetlights shall be placed in the dry utilities corridor on either side of the Cobalt in accord with Street Section D in the TMISAP(pg.3-23). Dry utilities should be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3-22). A 5-foot wide dry-utilities corridor should be provided along both sides of Cobalt Dr.;both wet utilities may be located in the street. Pressurized Irrigation System(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A_18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. APreliminary Geotechnical Engineering Roort dated 12/11/2018 was submitted with this application; an updated copy should be submitted prior to or with the first final plat application. B. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit(CUP)for a multi-family development containing a total of 516 residential dwelling units consisting of 364 high-density apartments(200 1-bedroom and 164 2-bedroom units), 126 flats (68 1-bedroom and 58 2-bedroom units) and 26 townhome(3-bedroom units) style units in the R-40 and C-C zoning districts for The 10 Meridian.Note:A vertically integrated residential project is also proposed that contains 33 dwelling units; however, it's a principal permitted use in the C-C zoning district so it's not included in the CUP request. The proposed development plan is in substantial compliance with the conceptual development plan and building elevations included in the Development Agreement(Inst. #2021-0025) as required. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. Flats F-3 and the garages along the west boundary do not meet the minimum setback requirement of 10'; revise accordingly. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit.This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In Page 11 Page 36 Item#2. circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The floor plans submitted with this application depict patios and balconies that meet this standard. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office.Located in clubhouse. b. A maintenance storage area.Located in clubhouse. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access.Depict on site plan. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018)Depict on site plan. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.NA b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 516 multi family units are between 500 and 1,200 square feet. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.NA At a minimum, a total of 129,000 sf. (or 2.96-acres) of outdoor common open space is required to be provided in the proposed development.A total of 206,622 225,000 square feet (or 4-.74-5.17-acres) is proposed to be provided in excess of UDC standards. Note:Although street buffers along the arterial&collector streets do not qualms toward the open space standards in UDC 11-4-3-27C, they do qualify toward the open space standards in UDC 11- 3G-3 (i.e. half the buffer along arterials and the entire buffer along collectors qualify). Overall, the proposed qualified open space complies with the standards in UDC 11-3G-3 and 11-4-3-27C. Page 12 Page 37 Item#2. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIITE meet this requirement. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant shall comply with this requirement. 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009)All of the common open space area required for the multi family development is located internally. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100) in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2) amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three(3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more,four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 13 Page 38 Item#2. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) A total of 516 units are proposed. The following amenities are proposed from each category: a clubhouse with a swimmingpool,fitness center, dog wash facilities, internet cafe, co-working center, game room; (6)BBQ's; (2)plazas; a fire pit;(2)sports courts (i.e. bocce ball,pickle ball); children's play equipment; open grassy areas of at least 50'x 50'in size; a dog park; a plaza; and a children's play structure. Staff is of the opinion the proposed amenities are appropriate for the development proposed and doesn't recommend any additional amenities are provided. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to W. Cobalt Dr. in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.A. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. A mix of trees, shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required all pathways. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. Based on(268) 1-bedroom units,(248)2-and 3-bedroom units, a minimum of 898 off-street spaces are required with 516 of those being in a covered carport or garage. A total of 902 995 spaces are proposed,including 5M 517 covered and 62 41 compact spaces—compact stalls are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6. , standards,ir-king standards. Although the proposed par-king meets the minimum Staff is there may not be adequate par-king for-the site to aeeommodate guests. Page 14 Page 39 Item#2. Commission and Couneil should deteFmine if additional parking should be provided a condition of approval of the CUP. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses. Based on 15,525 square feet, a minimum of 31 spaces are required to be provided;3-7 31 spaces are proposed in poi accord with the minimum standard. Overall, a minimum of 646 929 spaces are required. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 9W 1,026 spaces, a minimum of 36 41 spaces are required. The site plan states a total of 50 52 spaces are proposed for the overall development which includes commercial and vertically integrated/mixed use portions of the development. Bike racks should be provided in central locations for each building as proposed and comply with the standards listed in UDC 11-3C-5C. Fencing(UDC 11-3A- :No fencing is depicted on the landscape plan for this development. Building Elevations(UDC 11-3A-19;Architectural Standards Manual; TMISAP) Conceptual building elevations were submitted for the various types of multi-family units proposed in this development as shown in Section VIII.F. All of the structures appear to be of a high quality of design and consist of a complementary mix of materials, including wood-look siding,Hardie siding, metal siding, stucco,tile, stone veneer and glazing, and colors. The high-density and flats are 4-story buildings and the townhome style buildings are 3-stories in height. The high-density apartments will have secure entrances and be accessed by an internal hallway. The Applicant should work with the Police Dept.on a plan for emergency police access into each building entry point using a multi-technology keypad(see Section IX.D for more information). An administrative Design Review application is required to be submitted for approval of the design of the multi-family structures and clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. The design of the structures is required to be consistent with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP as noted in the Development Agreement(Inst.#2021- 13270 (see the Application of the Design Elements table on pg.3-49 of the TMISAP). VII, DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on November 4,2021. At the public hearing,the Commission moved to recommend approval of the subject PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Wendy Shrief,JUB Engineers; Lane Borges;Hethe Clark, Clark-Wardle b. In opposition: None C. Commenting d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony Page 15 Page 40 Item#2. a. The Applicant requests the extension of Cobalt is within 70-feet of right-of-way as proposed and requests to work with Staff on the details of the street section. 3. Ke, issue(s)of discussion by Commission: a. Concern pertaining to traffic generated from the proposed development and its effect on area streets,especially the functionality of Ten Mile Rd.which will be at level of service «F,,. b. Concern pertaining to adequacy of proposed parking in the multi-family development and garages being used as storage instead of parkin 4. Commission change(s)to Staff recommendation: a. No changes were made to Staffs recommendation; however,the Commission did direct the Applicant to work with Staff on the road section for Cobalt Dr. and improve the parking ratios for the development. 5. Outstandingissue(s)sus for City Council: a. Since the Commission meeting,the he Applicant worked with Staff on the design of Cobalt Dr. and has added more parking for the multi-family development. Revised plans were submitted that reflect the following changes: 1 a re-design of Cobalt Dr.that complies with the street section in the TMISAP as recommended by Staff; 2) a re-design of the residential parking areas to provide a surplus of 97 spaces above the minimum required (compact spaces were reduced from 58 to 41 and are provided above the minimum requirements); )the garages along the western boundary have been relocated to comply with the minimum setback; 4 the property lines at Building F-3 have been adjusted to comply with the minimum setback; and 5)the sidewalk along Ten Mile Rd. has been modified to reflect a 6-foot wide detached sidewalk with an 8-foot wide planter/parkway area—the staff report has been updated to include these revisions. C. The Meridian City Council heard these items on December 14, 2021. At the public hearing.the Council moved to approve the subject PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Wendy Shrie£JUB Engineers; Lane Borges; Josh Leonard, Clark-Wardle;Erik Pilegaard b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concern pertaining to impact on traffic in this area generated from this development. 4. City Council change(s)to Commission recommendation: a. None Page 16 Page 41 Item#2. VIIL EXHIBITS A. Preliminary Plat(date: 0°1''�2 12/8/2021) &Phasing Plan—Revised Phasing Plan PRELIMINARY PLAT FOR { OUTER BANKS SUBDIVISION (.lily SITUATED N IHE NOFWAST QUARTER 9F EMENCRTMEAST QUARTER 9F SECT1014 15, TQM541P 9 NORTH RANGE t WEST OONEWMAN ELK VENTURES 2021 _ a Z �_.-. �—r. SHEET LIST TABLE _ s��9.�0 FP-1 P�uWpr sEIAER PUP '] - -_ _ .- _ +fa >•r FF`AI PYe11MWAY SEWER PROf11E4 V�TYMM - _ _ r x FP•OS PR1w'rAY 9EY£R PRtlf11E3 t ! ]IIID^.' lhM1.l nbiW ON1M _ � 'SLF'Erd'�°'iwa.r. �•IM[� nrvrsm..aavreP Yx.e a,d aew B §! I , •'~`- .� `�„ :mow a H ..�r"�.'l.�R,��'":a:Y"a;,.r��a"�'�k r"9 ! war_____ � � 4 � � • uw�morx r�c�w v.ou�w nv un wu rP.6.o rume•�[ i Vi T.fAE 4W�i T.RIE � 'G wit ss " ul�or f;- h �� Lug•awtR•]ai uar cl •,eea• ].nar el.m' nru•mxron j� N 6 dMYe wd } r PlJL E3NGIHEEYt 6EVRhPER xARDSI1 RLEr6R `s g v.c uC \ l lTYIFtlS1r�6i!' r��E��S W tir u wrxmt u,.' j ..w� irtoap u r =*x g ' ua �wt o� Ewo usE=auGawev �l .ir•� �e S i� I sv 4+. TOIa Wk a rims k a0R REbMx.tbrrh: I oy+'� 11 ururen� P P-41 Page 17 Page 42 Item#2. P c 6d " F _ aH�fl � NIII ,%URI Nllln.� 01 Jal-B EHGHEEAS,NC- - OVTCR MNK$ vsa w.r ., ELK VEN7URES s,x aoo i—.io aria¢ � .a_-- awwcxfoc� .1 �. PNRSYlGEkFffiIT Page 18 Page 43 Item#2. B. Cobalt Road Plan and Road Construction&Cooperative Development Agreement-APPROVED (.i1J Hgl 3�0 5 I s� 4 'e �=me 1f�a-cis —�T2iO0 ��t3fo0_ 33+69 3�'ms�� W e .. Ya Ya Ye W Ye ryF .. — ID.O +D0 I OD ('AL3ALT DR. ww o� J w _ m� UW J ycoeur xai-wxx«... .... w.o.�. ...aim. E1 R/W R/W R/W wRES- TD'TO a* 6' 6' g' SK)D*Lk LnxW-WE P-MLLEL DKr TM EL 7P-,l DIVE Ldl�1'E A iR ca(ICI-r LINE LME LME LIE x� a« if h,�4 y u"I=: sfl ..r i!.'Ikfi.S b^•,.4 .'71` }` l. \PEk ttr4GFElE'AtEwYJI Y x�—T KHD L]'i ENNT t&,,YM N6FW k 1E--H, • • rP rc.x� WIC$9—IN T>. *LePLE4?,T TD K-h iD-hO M C YPAQED i4U79'-0E a'cr PQI ASIY CAL 19'OF i'rhPB PR R- t [ara¢a calm x1P{amu 10.FP]-1Pi-0]#QI�1Y L 1}Ji1.r1-It!-NIIS USSQ 1tlA6 RR KMP 9JTIR�pI 19 ]h+8h3J-1444&Id Ufk7 YMM ]&.a -32—+ 2t OFFSET kLW h W'�t 9Y701 TT'. COBALT DRIVE SECTION �o4�sx_3144S1w6 onsr s3 m L 71122=I-72r11 2+0FF9EE 72 M'L Road Construction and Cooperative Development Agreement- Updated Page 19 Page 44 C. Landscape Plan for Preliminary Plat(dated: 9,116,121 12/6/202 1)—REVISED I ROAD r- N too. .1h OIL 0 C E a) -7- At-IV 0 ------------- L-3.0o SHEET Page 20 ANKL16 ROAD Z ArtH Ail�lipo F I Rl SHEET L.,9'I eIT7mll I 1� W�Illv�jlllllujllw L HEEL L- SH 4 SHEET L 03. sm 6-&-66 SHEET L-3-12 2'c 0 .-SHEET L-3..l —4.......... M F-I Mft= ... ...................... L Page 21 Item#2. D. Site Plan for Multi-Family Portion of Development(date: 4"2�i 12/03/2021)-REVISED J t J VICINITY MAP FRANKLIN ROAD pJ d i 1� I q i \ OWNER/DESIGINi SNESUMMARY OR PARKING SUMMARY 5 \ � w m•aaily �a� mW Iaagw•as• / in•xsu� \ �� w unq+a ®•ow®� tea.... oEio•m.s,E�wa.¢a.n_ OUTER BANKS • SITE PLAN A-100M A MIXED USE COMMUNITY-MERIDIAN,IDAHO 20013 0823.2021 REV.12.032021 +ae s-+onE aoiNr aervE sui��.w acsenuc,cnvaal Tle+a�es rmo caaean.� Page 22 Page 47 Item#2. 1 � Franklin Road �o MERIDIAN - -- - - Conditional Use Permit Residential ----------- Project Summary High Dity Apaitrncads HD1-HD3 364 units 1 BR-200 units=55%ens - •��LLLL� .�Ll - 2BR-164units=45% ✓ ,�� _— — Flats 131-B3 126 rrids 1BR-66 ands=54% 26R-56 unds=46% ��t Towitti—D1-D3 26 units - a®0e 3 BR-26 units Total Residentlal Units 516 units Ek I ®® r Parking Required 929 spa ro ces [ III qst Parking PNtled 1026 spaces r I 4 J IL ©.O O �- F ni Dote, Outer Bank Subdivision -Preliminary Site Development Plan Page 23 Page 48 Item#2. E. Qualified Open Space Exhibit(dated: 9/16Q 1 12/7/2021) -REVISED Hill cop Li Li I Q N _ - ..� ...�.. ._ ..-..- ...-..�_ _ JLLI ItsW 9 V O_ a SHEET Page 24 Page 49 Item#2. F. Conceptual Building Elevations&Renderings for Multi-Family Structures&Clubhouse pw._? mF� }REAR P1-SNOOD(WlifiEl P2-SRIGCA NGHT P3-PATIO& 'M1-METAL SIDING M2-TRIM{SILVER) OO�� TAD TAM GARAGE DODR5 IGRA]') TgD. ��� T.B.D. ■ HGHFTANI -T.&D. (3vw ■5D11-HARDIE �G@-WOOD1Oq( �g1-STACKED STONE■M&METAL{DARN ®STOREFRONT ■STOREFR T NO{GRE K- GIDING(ME-0IDM VENEER(GRAY? GRhY) P .D. GPAYI GLAZING ON HARDVE PLANK- TONEI -ELDIXMDD SRHJE- T.B.D. T.B.D. T.S.D. M9UNFA[N BACaE T69 - ROUGH Uff-LOIRE I^'��� a VALLEY V OUTER BANKS SUBDIVISIONBUILDING F-EXTERIOR ELEVATIONS A-203 AM—USE—MUNRY-MERIDIAN,k 0 2W 3 Og.23ZR1 wnnvEraxrwus anE 3m wswEc��� Tlm>wr>n mmemmn 4:s-ia s' --'- _ yjd gor._m 'Pl-STUCCOIWFiRE) P2-STUCCO NIGHT P3-PATIOS T.&D. `I .M1-METAL BIDING M2-TRIM(SILVER] C'i"'� ; ■T.B.D. T.GFRGTAN) TDRG I �n F.6.D. T.B.D. II` ■SDI-HARDIE ■GD2-WOOD�OOK Gi-5TACNED STONE EM��,�RK ■STOREFRONT ■STOREFRONTSIDING(MEDIUMI TB.D. TE.D. T.B.D. MOUNFAIN SAGE T.B,D. ROUGH CUT-LOIRE ��� VALLEY C' C BUILDING F-EXTERIOR ELEVATIONS A-204 A M3% U5EOCI.NAUNT ERIDIAN,EDAHO Y:1013 Dg23 ZRI uisamEwxr— -- --- I —ram mwd:m:i Page 25 Page 50 Y Y� N �• ± ,'may J� •�'j �fiRa ��'; �� � p ..� PON ;1.0 dKj OUTER BANKS SUBQIVISIDNAl 'i i R 1•i If� - � I k� � n - OU�ANKS 5UB©IV1510N FROM +• 90 Item#2. r• ' I I lit = BUILDING HD-1 a HD-2-EXTERIOR ELEVATIONS A-Z05® r.M%ED D3E COIAAIDMIVMERIONN.lDAHO �00�3 OE.IS�t irnnveomarn w�ru .arn.�c c�za rr..u�k ar� IBM - � y 1 Feu.ae�.ig., Elm OUTER BANKSC■ BUILDING HD-1&HD-2-EXTERIOR ELEVATIONS A-ZD6� AmEDllSEDEAN.p NH -MERI 1D 4o A113 m.nmt e rn aroirarrr �vc�.0-- 1 •,.emu» Page 27 Page 52 qi 1F `,� I 11 OUTER BANKS SUBDIVISION FROM ' 1 o utoll - } - OUTER BANKS SUBDIVISION Biirgcs IN rl AULM3 �J ° ^l OUTER BANKS SUBDIVISION { 5 Page Item#2. Ell Ell yexnrr uevargrr ■_�■ ■ !■._ s4 • ■ ■ O wr —„3.__ i r.ErypiFf OUTER BANKS =■ BUILDING HD3-ExTERIOR ELEVATIONS A-207 AWEDUSECCMMUWN MEFW".0000 EW14 77,"Mi im m.Kivm wnc wrtio wrnus uwn iiix wrrm MRTINVA y': c' ■ ■ 9 OUTER BANKS Lam- ti SUBDIVISION BUILDING HD3-EXTERIOR ELEVATIONS A-208 ■NYED iBE COLtlLL1NRY.MERAIhH 1DNb xmra mn�r a��s2 ..rt>a.ar...,.a� .iw..,�mr-.. Page 29 Page 54 Item#2. • ....coL c�uL-■ ..•a.io SIGH DENSA�I'HD-3I FROM SOUTHEAST..,.��..n._...A-902.3® 7 • iN �J �, mn�, ., • i • HIGH DENSITY(HD-3j FROM EAST(OPEN SPACE) eoza F Lift film IN T��1 •UTEREANKS SUBDIVISION o HIGH DENSITY(HD-3)WEST ENTRY �s�•.u�•nA-902.5® Page 30 Page 55 .. _ ■::..__ e�.� ■.::. _ Il 111 . _ � :.__.- OUTER BANKS SUBDIVISiON BUILDING D-1.D-2,&D3-EXTERIOR ELEVATIONS A-209 AWXID5 C�Uh:tt MERVANGA-10 Mil wnmi MUMILL �v I OUTER BANKS SUBDIVISION BUILDING D-1,D-2. D-3-EXTERIOR ELEVATIONS A-270M AM D�� MEM ,IQAINI M13 mmmt Page 31 �t F � q - 6� ■ °f r NOW OIJTEft BANKS SUBQIVI5IDN ■ • ■ •• '+ ,,,..,. ..• TTT n-T- CLUB HOUSEEXTERIOR ELEVATIONS A-211 . 32 - - �� QIJTER BANKS SUBQIVI5IQN ■USE-EXTERIOR ELEVATIONSE�ofges QUTER 8ANK5 SIJBDIV151QNCLUB HOUSE ■ ■ ■ 'F t t QUTER BANKS SUBDIVISIONCLUB HOUSEFROM -■ PO 90 Barges r �' �ram. !�■ _ � fL ��*�'��,., OUTER BANKS SUBDIVISION 90 Item#2. oar Ak 1EI c { ❑ h I IU5Lh18 KW Tr 6v8 IIOGr.Y_{ASS GW�Gf ELECT FKNM PCOL E WKMEWr JAH4 &JpptT First Floor Clubhouse WAv7Ehw pn;E %Mop - ' rr,m A rT[R wxm ru RY WITS _ Rr$TRcMW u u a L_ Al Al A EH-R'r� Asa . VCM.,'•TES ' a EAMNDE1FITr� K109R + T T CENrER C EM TERWOW h�i �i Fla hR: *40' CEnTEI rmNTxtpr ��rr,,'��� ...� wrlw at a�.Fla■ �� �44FL4EE}i '�I E11 y�iYMa �aesv�rs ASS E ■ ff t 4LNl46ER REGEPI. �TOPLlOL � �GhSRIG awerwaT� tgwp i ❑ ram— r I I U—LJ�L�J I � '. LOIMI9E c a" '/Eere_lEFIfNETRRr _ I 1 1y® I u I'LYx E LEV H ILLII I PARC LY 11 _ IrrKra: I mp MnSr I Eujr 1 rl aEl I WTGHEH o h3%Il.k �i I 1 P LhYl�R1ti9YF I i I � 1 1I EiS Page 35 Page 60 EE Second Floor Clubhouse d u ITMI'Fl e�'�' aR ql4 RD4M L CCMkk im I fffJ iAl£�LM�I1' �-^_^y C. _1 fL __ROOM AWNNG AREA civil ._. r. low r �� I . ILCA}�iE I Ll ELB, �r Owro OUTDOOR OALCADNV Page 36 Page 61 Item#2. IX. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Future development shall comply with the provisions in the existing Development Agreement (Inst. #2021-132704,H-2021-0025) and the conditions in this report. Preliminary Plat: 2. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association,as set forth in UDC 11-3B-7C.2b.Required street buffers are as follows: minimum 25 feet wide along W. Franklin Rd., an arterial street; minimum 35 feet wide along S. Ten Mile Rd., an entryway corridor; and minimum 20 feet wide along W. Cobalt Dr., a collector street. Street buffers are measured from the back of sidewalk where attached sidewalks are provided and from the back of curb where detached sidewalks are provided per UDC 11-3B-7C.Ia. b. The extension of W. Cobalt Dr. from the east to the west property boundary shall be included in the construction drawings for the first phase of development; or,may be included in a separate submittal to ACHD. c. Depict the Irrigation District's easement for the Kennedy Lateral. d. The street section for Cobalt Dr. shall include(2) 11-foot wide travel lanes, 6-foot wide bike lanes, 8-foot wide parallel parking, curb, gutter, 8-foot wide planter strips (i.e.tree lawn/parkway) and detached 6-foot wide sidewalks consistent with Street Section D in the TMISAP(see Pg. 3-21). Parallel parking shall be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. as required by ACHD. e. A 5-foot wide dry-utilities corridor shall be provided along both sides of Cobalt Dr.;both wet utilities may be located in the street. Streetlights shall be placed in the dry utilities corridor on either side of the street in accord with Street Section D in the TMISAP(pg. 3-23). f. Provide a minimum 8-foot wide tree lawn/parkway along S. Ten Mile Rd. in accord with the TMISAP. g. Dry utilities shall be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3- 22). 3. The landscape plan included in Section VIII.0 shall be revised as follows: a. Include shrubs(along with the trees and lawn or other vegetative groundcover) in the proposed street buffers as set forth in UDC 11-3B-7C.3a and along pathways as set forth in UDC 11-3B- 12C.2. b. Street buffers at the required width are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2(see#2a above for required widths). c. Include a calculations table on the landscape plan that demonstrates compliance with the landscape standards for street buffers listed in UDC 11-3B-7C.3b; common open space areas listed in UDC 11-3G-3E.2; and pathways listed in UDC 11-3B-12C. d. Depict a minimum 5-foot wide detached sidewalk along S. Ten Mile Rd. in accord with UDC 11-3A-17A. Page 37 Page 62 Item#2. e. Depict a tree lawn along S. Ten Mile Rd. (minimum 8-feet wide) and W. Franklin Rd. and pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP(see pg. 3-22). f. Depict a minimum 8-foot wide tree lawn along W. Cobalt Dr. with street lights in the dry utilities corridor on either side of the street consistent with Street Section D in the TMISAP (see pg. 3-23). g. Depict a minimum 6-foot wide detached sidewalk within the street buffer along S. Ten Mile Rd. consistent with Street Section A in the TMISAP (see pg. 3-20).A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. 4. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development as set forth in the Development Agreement(Inst. #2021-132704,provision #5.1 d). 5. Submit an updated Geotechnical Engineering Report prior to or with the first final plat application. 6. The entirety of Cobalt Dr. from the east to the west property boundary, on-site and off-site, shall be constructed prior to or with the first phase of development in accord with the specifications noted herein. 7. A Certificate of Zoning Compliance and Design Review application shall be submitted for each structure(or group of structures if desired) and approved prior to submittal of application(s) for building permits. The plans submitted shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP)and the design standards in the Architectural Standards Manual(see the Application of Design Elements matrix on pg. 3-49 of the Plan) as required by the Development Agreement.The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. 8. Public art shall be provided within the development consistent with the Development Agreement and the TMISAP(pg. A detail of such shall be included with the final plat application. Conditional Use Permit: 8. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 9. For each of the multi-family units, a minimum of eighty(80) square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 10. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3- 27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 11. Comply with building code requirements for separation between structures within the development. 12. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: Page 38 Page 63 Item#2. a. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; depict shrubs in addition to the trees along the pathways. b. Depict the locations of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. d. The configuration/location of the Flats F-3 building and the gage carport structures along the project's west boundary need to be revised to comply with the minimum setback requirement of 10-feet in UDC 11-4-3-27B.1;the configuration of Lot 16 may be revised on the plat in order for the building(i.e.F-3)to meet the required setback. e. Depict landscaping along the foundations of all street facing elevations adjacent to W. Cobalt Dr. in accord with the standards listed in UDC 11-4-3-27E.2. f. Include a detail of the fire pit,BBQ's,public art and children's play structure. g. A minimum of 9W 995 off-street parking spaces shall be provided as proposed,including 3-38 517 covered spaces. Compact stalls are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6. This does not include the 31 spaces required for the clubhouse, vertically integrated/mixed use or commercial uses. h. A minimum of 36 bicycle parking spaces that comply with the standards listed in UDC 11-3C- 5C shall be provided in central locations for each building(High Density,Flats and Townhomes). 12. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units as set forth in UDC 11- 4-3-27C.3. 13. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted for the multi-family development and approved prior to submittal of application(s)for building permits. The plans submitted shall substantially comply with those approved with this application and with any required modifications noted herein.The design of structures shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) (see the Application of Design Elements matrix on pg. 3-49 of the Plan) and the design standards in the Architectural Standards Manual. One application may be submitted for the entire multi family development. 14. Public art shall be provided within the development consistent with the Development Agreement and the TMISAP(per). A detail of such shall be included with the first Certificate of Zoning Compliance/Design Review application for the development. Page 39 Page 64 Item#2. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Extend water main to existing blow off to the west 1.2 Extend water main to the southern boundary in the right-of-way. 1.3 Eliminate dead ends by looping water through the development. 1.4 Dead end water mains must end in a hydrant. 1.5 Water and sewer mains require a minimum 20-foot-wide easement per utility or 30 foot combined with minimum separation maintained between mains.All easements must be free from permanent structures including but not limited to buildings, carports, streetlights, infiltration trenches,trees,bushes,trash enclosures, etc. 1.6 Manholes should not be placed in curb or gutter. 1.7 Proposed manhole SSWR-16 at the corner of Ten Mile and Cobalt should be removed from the sidewalk. 1.8 Access roads and easements are required for all manholes outside of right-of-way. 1.9 Angles in and out of manholes must be a minimum 90 degrees in the direction of flow. 1.10 No sewer service lines should pass through infiltration trenches. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 40 Page 65 Item#2. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 41 Page 66 Item#2. approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT by s://weblink.meridiancity.org/WebLink/DocView.aspx?id=238635&dbid=0&repo=MeridianCiU D. POLICE DEPARTMENT The Police Department can service this area if the application is approved. Do these units have climate-controlled hallways(not garden style)with controlled access entry points? If that is the case the applicant will be required to plan for emergency police access into each building entry point using a multi-technology keypad. This will allow police access, if there is an emergency, into the building if someone isn't able to come to the door to allow police entrance. Otherwise,police would have to breach the door to gain access which isn't ideal for anyone and delays our response. The Loft project at 10-mile/Franklin and the Bri at the Village use a product police recommend for this purpose. Police can work with the applicant on placement of the access. Police will have their own access code (same for each building)to use in an emergency. All townhomes and or multi-family units shall be clearly marked with addresses and unit numbers visible day or night for emergency response. The applicant shall place a way-finding map at each entrance. All qualified open space provided in the development,to include all amenities,must be in an open area in order to allow for natural observation opportunities. Pathways and landscaping should not create hiding spots or blind spots that would promote criminal opportunities. E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.org/WebLinkIDocView.aspx?id=240473&dbid=0&repo=MeridianCity Page 42 Page 67 Item#2. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=240055&dbid=0&repo=MeridianCity G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) h yps://weblink.meridianciV.org/WebLink/DocView.aspx?id=239094&dbid=0&r0o=MeridianCiV H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=241148&dbid=0&repo=MeridianCity I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE h yps://weblink.meridianciV.org/WebLink/DocView.aspx?id=241147&dbid=0&repo=MeridianCity J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=242630&dbid=O&rgpo=MeridianCiU X. FINDINGS A. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 43 Page 68 Item#2. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30- 2005, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-C zoning districts (see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designations of HDR,MU-COM and MU-RES and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 and C-C zoning districts. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that essential public services are available to this property and that the use should be adequately served by these facilities with the exception of Ten Mile Rd., which the ACED report states will not function at an acceptable level of service upon development of this project based on traffic counts. Page 44 Page 69 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Agreement to Accept Payment in Lieu of Installing Streetlights at the Goettsche Dental Office, 53 E. Calderwood Dr. Page 70 Item#3. Mayor Robert Simison E IDIAN� City Council Mgmbers Tre Bernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Jared Hale—Engineering Project Manager DATE: 12/20/2021 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT THE GOETTSCHE DENTAL OFFICE REQUESTED COUNCIL DATE: 1/11/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Last Chance Bay, LLC 2. Authorize the Mayor to sign the agreement. I1. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 208-489-0370 Clint Dolsby,Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-985-1259 III. DESCRIPTION A. Back around One of the site-specific conditions of approval for the Goettsche Dental Office was to provide sufficient funds for the installation of street lighting along S. Meridian Road. The streetlight will be installed once the roads are widened by 2 additional travel lanes. Page 71 Page I of 2 Item#3. B. Proposed Project Pursuant to the attached agreement with Last Chance Bay, LLC the City has accepted payment of the estimated amount of $8,465.00 required to install a streetlight on S. Meridian Road. These funds will be used to install the streetlight when the road is widened by two travel lanes in conjunction with a future ITD project between E. Overland Road and E. Victory Road. Last Chance Bay,LLC is in favor of this solution. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will increase the street lighting along S. Meridian Road while ensuring that the light is installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement the City has received $8,465.00. This is the estimated amount required to install one light along both S. Meridian Road and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow the City to finalize the agreement, set aside the funds to install the streetlight and meet this portion of the lighting requirements for certificate of occupancy approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights on S. Meridian Road at the Goettsche Dental Office. Approved for Council Agenda: 0� Page 72 Page 2 of 2 Item#3. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT 53 E. CALDERWOOD DR. THIS AGREEMENT for streetlight installation,made this' ay of November,2021 between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian, Idaho(hereinafter"City"), and Last Chance Bay, LLC,2514 E. Mount Etna Dr., Meridian, ID 83642 (hereinafter"Last Chance"). WHEREAS, Last Chance has received from City, conditional approval of a Building Permit at 53 E.Calderwood, Building Permit No.C-SHELL-2021-0028;and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval C-SHELL-2021- 0028 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Last Chance is currently unable to install the required streetlights on S. Meridian Road because S. Meridian Road has not been built out to its ultimate width; and, WHEREAS, once the S. Meridian Road is widened, City is willing to install the required streetlight if Last Chance has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Last Chance shall pay to City the amount of$8,465.00 as the amount necessary to supply and install one(1)type 1 streetlight. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Last Chance to install the one(1)streetlight on S. Meridian Road frontage of C-SHELL-2021-0028. 3. Upon payment of the amount in Article 1 by Last Chance to City, Last Chance's requirement to install the one(1)streetlight on S. Meridian Road.shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Last Chance of Last Chances's Property. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Last Chance Bay,LLC. CITY OF MERIDIAN By: By Eric Goettsche, Manager/Owner Robert E. Simison, Mayor 1-11-2022 Page 73 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for CARES Act Community Development Block Grant Funds - Counseling Program Page 74 SUBRECIPIENT AGREEMENT BETWEEN CITY OF [MERIDIAN AND BOYS AND GIRLS CLUBS OF ADA COUNTY FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 11th day of January 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys and Girls Clubs of Ada County, a nonprofit charitable corporation organized under the laws of the state of Idaho (`Subrecipient"). WHEREAS,City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD")under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS,the Coronavirus Aid, Relief, and Economic Security("CARES") Act, enacted on March 27, 2020, provides additional fiinding through CDBG program to assist communities, including the City of Meridian, in addressing the impacts of the COVID-19 pandemic; WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B-20-MW-16-0006,awarded by HUD on April 21, 2021; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200,and all other federal, state, and local laws, statutes,regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed sixty thousand dollars($60,000). Subrecipient will be responsible for administering a mental health counseling program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(050) Mental Health Services. CDBG Funds will be used to reimburse for individual and group counseling services. The primary administrative office is located at 911 N. Meridian Rd. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGEI OF 28 Item#4. program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 100 total g Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service"shall be defined as "low to moderate income youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https. ,mcncliancity.org:cdbg D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG fiends may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client")a)reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after December 1, 2021 and end on May 31, 2023. 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. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 2 OF 28 Page 76 Item#4. Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. 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 a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. 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, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract.Noncompliance includes,but is not limited to: missing a deadline,providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation.The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https:_meridiat­Icity.org cdbgi. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize finds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 3 OF 28 Page 77 Item#4. address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. H. 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. I. 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 shall comply with 2 CFR§ 200.501,which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year,have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. 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. 3. Reimbursement 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). - CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 4 OF 28 Page 78 Item#4. City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement 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. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at http;: m�ridiancity.ul :cdb„. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period,timesheets in compliance with 2 CFR 200.430(if applicable), 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). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than June 30,2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at http merichancity.orlu Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision,unless otherwise authorized, in writing,by City. a. Reversion of assets to City. Pursuant to 24 CFR§ 570.503(b)(7),upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM") and,per 2 CFR § 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition,as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved,rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance,the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years. Pursuant to 24 CFR § 570.503(b)(7)(i),real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five(5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 5 OF 28 Page 79 Item#4. meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold,the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be(a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year,the City may require remittance of all or part of any program income balances, including investments thereof,held by Subrecipient, except those needed for immediate cash needs,cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR§§ 570.504(b) and(c), both prior to and upon closeout. R. 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 specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: 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. Records required to document the acquisition, improvement, use or disposition of real CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 6 OF 28 Page 80 Item#4. property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations,financial obligations,unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR 3 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 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. Equal Employment Opportunity. Per 2 CFR Part 200,Appendix II, section (C)and 41 CFR § 60-1.4(b),the equal opportunity clause set forth in 41 CFR § 60-1.4(b)is incorporated herein by reference, and shall apply as though set forth fully herein. B. 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, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR§§ 570.601 and 570.602. 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. C. 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. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) 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 CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 7 OF 28 Page 81 Item#4. 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. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.),which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women-and Minority-Owned Businesses. Per 2 CFR§ 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses,minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. 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. G. 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. H. 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. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals)of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200,Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not - CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 8 OF 28 Page 82 Item#4. less than once a week. Subrecipient must include a copy of the current prevailing wage detenmination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. j Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and 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 or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section(E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities,or who is in a position to participate in a decision-making process or gain inside information with regard to such activities,may obtain a financial interest in activities funded under this Agreement,or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: 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; 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 - CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 9 OF 28 Page 83 Item#4. 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; 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 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." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(1), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further 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.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable)and includes the Section 3 requirements located at 24 CFR § 75.19(b). IV.ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of`No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 10 OF 28 Page 84 Item#4. insofar as they apply to the performance of this Agreement: 1. Clean Air Act,42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6,Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD,this Agreement shall be void, and City shall have no obligation to Subrecipient,whether under this Agreement or under any legal - CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 1 1 OF 28 Page 85 Item#4. or equitable claim. B. 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: If to City: If to Subrecipient: City of Meridian Boys and Girls Clubs of Ada County Attn: Crystal Campbell, Community ATTN: Colleen Braga,Executive Director Development Program Coordinator 610 E. 42°d Street 33 E. Broadway Avenue Garden City, ID 83714 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. C. 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 58. 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. Indemnity. Subrecipient,and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials,officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials,officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 12 OF 28 Page 86 Item#4. construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities,facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such 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. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines,policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services,or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(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. Termination for cause. Termination of this Agreement, in whole or in part,may occur for cause,which shall include, but shall not be limited to,the following: a. 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; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps,models,drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 13 OF 28 Page 87 Item#4. K. 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. L. Subcontractors. I. 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. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically,without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c)governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d)governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation,demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the CDBG-CV SUBRECIPIENT AGREEMENT—Boys AND GIRLS CLUB PAGE 14 OF 28 Page 88 Item#4. Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. 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. Q. 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. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. VI. CARES ACT FUNDING The Coronavirus Aid,Relief, and Economic Security Act(CARES Act)was signed into law on March 27, 2020 in an effort to respond to the COVID-19 pandemic. Projects funded under the CARES Act must meet all of the criteria for standard CDBG projects, but must also use the funding to prepare, prevent, and/or respond to COVID-19. The CARES Act prohibits the duplication of benefits. A duplication of benefits occurs when: 1. An agency and/or an individual receives assistance for the same activity from multiple resources(e.g. FEMA, SBA for staffing, etc.); and 2. The total assistance is greater than the expense incurred for that activity. Subrecipient certifies that it has not received or applied for any additional funding sources that may be considered a duplication of benefits. If Subrecipient receives or applies for funding sources for the activities described in this Agreement, Subrecipient shall immediately notify the City's Community Development Program Coordinator. In the event a duplication of benefits is received the agency will be required to reimburse City for CDBG funds disbursed. CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 15 OF 28 Page 89 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 : Boys and Girls Clubs of Ada County Colleen Braga , Executive Directo CITY : City of Meridian Attest : Qo� tED AUGUST' By: kolberi E . Si son a r IS o ' jDIpN IDAHO s� SEAL �yrFR Of the TREP'SJQ� CDBGCV SUBRECIPIENT AGREEMENT — BOYS AND GIRLS CLUB PAGE 16 OF 28 Item#4. Attachment 1. Location of Service Area Meridian City Limits 5 gg p a # w^ Ossc�n CAL, wchl t tyFF WC�E Wpegla Efa.� Eca.�,�e ..r WE we Fs+yAe y ego wam Rj .max. & L a, 7 V g g FOLiCYMAP 8 b` CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 17 OF 28 Page 91 Item#4. Attachment 2, Risk Analysis Risk of Noncompliance EValLiafion This moment is useo to analyze the rsk of the prtgram tv:�ecermine+_*fEw4-4 mon(Mcng required durng this program year On Boys and Girls Club Program CDBG-CV Award 360,000_G1 Name Year Total Points 71 Risk LeVel High text,,--`ieps e�¢orn�.kari c�curat�+ ScoreFACTORS scale (Type of Contract weight: 2 Public Service 4 Housing Activities Other than Homevvmershi Assistance; 3 4 Acquisition Canstruchop Fi.lblic facilites,planri _infrastructure t Contracted Dollars weight: 2 SEA'_X)0-.Move 4 W+FOCI-$5 HK9 3 ,0AI. W-$ £9g 4 +3 $C;-$19,EA,19 � Subrecipient Experience with Meridian CDBG weight: 3 3 New Frr,grafn j 3 i-3'ears 1 .ypME' 1 New Activity for 5ubrecipient weight: 3 No 1 2 6 Number of Clients Served weight: 2 100+ 3 50-99 3 6 Less thm`fi t 'Key Organizational Change weight: 3 Executive Director&F inanciai hbrager 4 Dec utive Director xWor Finandai Mart er 3 F'rotlrarn Directcx/Malnager 2 1 Oyler Ilex off 1 Nc e 0 Systems Change weight: 3 Major Systems Change 2 Minc,r Dy t-4en*s Chance 1 1 0 0 Ncc+e 0 [Program Delays weight: 1 C.DBG Prcgrarr:did not begin on schedde,,dielayed 1 Ne,,,a Fr tam ( -;BG Program began cin scrirWe 0 Progress Reports weight: 2 SWreapient has history oaf not submittlrq repcets timelf 1 New Program 1 1 �ubrecdpient has histcx/I subnil Ling reports lime4y 0 Mel Goals in Previous Years weight: 3 CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 18 OF 28 Page 92 Item#4. Risk of Noncompliance Evaluation -his dmvent is us-ed to anal ee the rsk rJ the arWrar,to Jste*mine to lcv ?t mandEving required aurng this Program year NoiNew Program 1 2 Met at IGSt 75% 1 2 F Yes 0 Financial Audit weight: 4 Audit with moderate to senous findingS ; 4 No Audit edit Althouolh Required 4 0 audit with rxtlminor firtdin s 0 Mooring Visit weight: 3 New Program ( 4 Grant not renewed 4 4 i 2 2°Y�rs of More q Lms than 2 Years 0 Corrective Action(Any Monitoring) weight: 4 Current Mzior Rndings: Flrtc.w.gs that Kuld attect services,clients,or i 4 potential for payment error New Pr rain 4 4 1 . Current C:oncems: Findirgs-het require providers action. ( 2 No Findings 0 ,�gnature cv ystrl i Ci T)t,p!-pelf Date 21/'2p '20 22 Ujrflmunit Develio m sent Program C'tord€nator Level of Risk # Risk Medimn Risk ffigh Risk <40 it 60 points poinis Projed requires a mirilmum ProW-ts will be rroormtored via internal bi-annual deA Pru*cts will receive priority for amount of moniftoning Activities monitorkgs and on-Ae monitoring no less than mot"riq High priority LHIder His category will bp- every two years- The on-site monitoring review vAll activities will generally be monitored pinirnaft via irternal be conducted preferably wAW the first six months of mmtored annually wftn the W, desk monitoring proceftwes an an the chosen program year Based upon the results of 6 morlbs of the program yow- arinual basts,unless situations the monitoring visit staff will determine the need for High-risk sitwecipients may also clictate othermse. On-site and frequency of additional technical assistance be reqWred to sutmt additional monitodrig will gffwally take place visitsand/or orsite Mt' r;, M` i♦M • needed S J onceyears. activitiesgenerally a f• monitored>i� Y� allow forYam' uat Y. the priority activities have been adequately addressed- p"ed through desk monituring- This is a new program for the Boys aM Girls C•'luh,so it is cotsidered high risk_ CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 19 OF 28 Page 93 Item#4. Attachment 3e Signing Authority Complete the form to designate signing authority. Subrecipient Name: Boys & Girls Clubs of Ada Count Project Name: Boys & Girls Club Mental Health Counseling Program Program Year: Start Date: 1911/21 End Date: 5/31/202'l Colleen Braga Executive Director Name Title Authorized to sign for(check all that c`-- apply): Identifying Signature 1+1�`tnancial contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Gary L. Smith President, Board of Directors Name Title 12/21/21 Signature Date PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 19 OF 27 Page 94 Item#4. Attachment 4, Federal Certifications The following are required as referenced below. Subrecipient Name: Boys & Girls Clubs of Ada County Project Name: KAPntal Health Cniinselinn Progrgm Program Year: Start Date: 12/01/21 End Date: 0y/31/2023 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy p/ ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] [ram ❑ ❑ Confidentiality[2 CFR § 200.303(e)] &2,' ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] 5/ ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] N,,"" ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ [j;l/ Fair Housing [Fair Housing Act] (if applicable) ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ [a/ Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? ❑Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations'are ineligible for this funding. If the agency is a nonprofit,please select one of the following: ❑ Organization is not a major nonprofit organization. [�0rganization is a major-nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Colleen Braga Executive Director Name Title e,k—,— C. 12/28/2021 Signature Date A major nonprofit organization is defined in § 200.414(a)as an organization receiving more than$10 million in direct federal funding. PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 20 OF 27 Page 95 Item#4. Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: CV-Boys.and.Girls.Club HEROS Number: 900000010229936 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant (if applicable): Point of Contact: Project Location: 911 N Meridian Rd, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: The Boys and Girls Club provides access to services for all youth, including those in low to moderate income households.This specific program will provide group and individual mental health counseling to Meridian youth.The target is youth who attend the Meridian Club,who have been identified as needing counseling by their parents or Club staff as well as any youth who lives in the community, age S-18,who needs the service. Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) Signature Page Funding Information CDBG-CV SUB RECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 22 OF 28 Page 96 Item#4. Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 125 Development(CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $60,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a) (5)1: $60,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone ❑ Yes 0 No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance ❑ Yes 0 No requirements. CDBG-C','SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 23 OF 28 Page 97 Item#4. Mitigation Measures and Conditions [CFR 40 150S.2(c)]: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 24 OF 28 Page 98 Item#4. APPENDIX A, Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No CDBG-CV SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 25 OF 28 Page 99 Item#4. Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units,Therefore,this protect is in compliance with the Coastal Barrier Resources Act, Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No CDBG-C\'SUBRECIPIENT,AGREEMENT—BOYS AND GIRLS CLUB PAGE 26 OF 28 Page 100 Item#4. Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR S0.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and(b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1, Does this project involve financial assistance for construction,rehabilitation,or acquisition of a mobile home, building,or insurable personal property? No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4, While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance sander the National Flood Insurance Program(INFIP). Will flood insurance be required as a mitigation measure or condition? Yes No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required: Yes No CDBG-C`'SUBRECIPIENT AGREEMENT-BOYS AND GIRLS CLUB PAGE 27 OF 28 Page 101 Item#4. Attachment 6e Budget Boys and Girls Clubs of Ada County Meridian Counseling Program CDBG-CV Project#133 Counseling Total Award $ 60,000.00 $ 60,000.00 Draw# I Date Timeframe 1 ' I s a bt C. 2 0 2.1 $ 4� 2 z ►r JIL S '10 L2 $ - 3 '4 1 zL o 2-1 3,600 Opp - 4 4), s $ io Obo - 5 slI S 2)- At C>r z.o-L $ o I> a - 6 V is i p $ ► C)b 0 - 7 2 00 $ I b o - 8 t IS 2 oZo ZZ00p lRk b 0 9 °i 1S 2 2oLZ - 10 $ on - 11 ZoZZcoo $ Sl p0 - 12 . 00 Bgi (,C)D - 13 ' us s3 2.0 0 $ g o - 14 s��s $ 3 oa - is z 1.000 $ - 17 Ic 12.a , j 2.0 Lit 000 $ 00 - 18 IS 2o'ZN 0 $ l00 100 Q - Total $ - $ - Balance $ 60,000.00 $ 60,000.00 CDBG-CV SUBRECIPIENT AGREEMENT-BOYS AND GIRLS CLUB PAGE 28 OF 28 Page 102 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for Community Development Block Grant Funds - Scholarship Program Page 103 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS AND GIRLS CLUBS OF ADA COUNTY FOR PROGRAM YEAR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 11th day of January 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and B( ys and Girls Clubs of Ada County, a nonprofit charitable corporation organized under the laws of e state of Idaho ("Subrecipient"). WHEREAS,Citi an entitlement community, and as such has applied for, and been granted authority to receive fun,' .rom the United States Department of Hous�- ;and Urban Development ("HUD")under Title I _i the Housing and Community Developme• ct of 1974,Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; ar WHEREAS,pursuant to the terms of this Agreement „ City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B-21-MC-' 1006, awarded by HUD on November 3, 2021; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200,and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS,it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed twenty thousand dollars ($20,000). Subrecipient will be responsible for providing scholarships for low-to moderate-income families to participate in before and after school programs as well as summer programs at a free or reduced cost, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(05L)Child Care Services. CDBG Funds will be used to reimburse for scholarships. The primary administrative office is located at 911 N. Meridian Rd. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 1 OF 27 Page 104 Item#5. C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 50 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service"shall be defined as"low-to moderate-income youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https: m�ridiancity,�,rg%cdbg . D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement.A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client")a)reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after October 1,2021 and end on September 30, 2022. 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. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 2 OF 27 Page 105 Item#5. regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations,and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. 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 a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. 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, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract.Noncompliance includes,but is not limited to: missing a deadline,providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning;the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports quarterly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https. meridiancity.orIn �dbgr. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement,rather than supplant, funds otherwise available. G. Client Data. If applicable, Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility,race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. PY21 SUBRECTMENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 3 OF 27 Page 106 Item#5. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. H. 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. I. 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 shall comply with 2 CFR§ 200.501,which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year,have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that Is suspended or debarred, i.e.,listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing,by the Community Development Program Coordinator. 2. 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. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed twenty thousand dollars ($20,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds;the Community Development Program Coordinator shall PY21 SUBRECIMENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 4 OF 27 Page 107 Item#5. notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement 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. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https: All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period,timesheets in compliance with 2 CFR 200.430(if applicable), 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). Reimbursement requests must be submitted within fifteen(15)calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 31, 2022 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at bttps::'ineridiancity.orb!cdbgi. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision,unless otherwise authorized,in writing,by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7),upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier,the System for Award Management("SAM") and,per 2 CFR § 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition,as early as practicable, and not less than two(2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by at clearly identify properties real roe inventory records that fY p p City. Subrecipient shall maintain property rty ry Y purchased, improved,rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance,the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 5 OF 27 Page 108 Item#5. attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold,the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be(a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof,held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown,or cash or investments held for section 108 security needs. 2. Recording program income.Pursuant to 24 CFR § 570.504(a), the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout.Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR§§ 570.504(b) and(c),both prior to and upon closeout. R. 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 specified in 2 CFR § 200.302(b) and 24 CFR§ 570.506, including: 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. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 6 OF 27 Page 109 Item#5. components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards,authorizations, financial obligations,unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR ' 200.305; and 1. Written procedures for determining the allowability of costs in accordance with Subpart E of this part and the terms and conditions of the Federal award. 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 all be retained until completion of the actions and resolutions of all cited, such records shall p issues, or the expiration of the five-year period,whichever occurs later. III EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200,Appendix II, section (C) and 41 CFR § 60-1.4(b),the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. 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, Executive Order 11246 as amended by Executive Orders 11375 and 12086,and 24 CFR§§ 570.601 and 570.602. 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. C. 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. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6)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, PY21 SUBRECTMENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 7 OF 27 r Page 110 Item#5. demotion,transfer, recruitment or recruitment advertising, layoff, termination,rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.),which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR§ 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses,minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. 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. G. 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. H. 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. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 8 OF 27 Item#5. contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and 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 or its subcontractors of its obligation, if any,to require payment of the higher wage. Per 2 CFR Part 200,Appendix II,section(E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further,no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities,or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement,or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one(1)year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: 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; 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 PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 9 OF 27 Page 112 Item#5. and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 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 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." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200,Appendix Il, section(1), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further 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.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C,and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable)and includes the Section 3 requirements located at 24 CFR § 75.19(b). IV.ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable,the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 10 OF 27 Page 113 Item#5. 1. Clean Air Act, 42 U.S.C. §§ 7401, etseq. and 2 CFR Part 200, Appendix II, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to I inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6,Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR§ 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800,Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City,whether by Congress or by HUD,this Agreement shall be void, and City shall have no obligation to Subrecipient,whether under this Agreement or under any legal or equitable claim. PY21 SUBRECIPIENT AGREEMENT—Boys AND GIRLS CLUB PAGE I 1 OF 27 Page 114 Item#5. B. 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: If to City: If to Subrecipient: City of Meridian Boys and Girls Clubs of Ada County Attn: Crystal Campbell, Community ATTN: Colleen Braga,Executive Director Development Program Coordinator 610 E. 42"d Street 33 E. Broadway Avenue Garden City, ID 83714 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. C. 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 58. 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. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors,officials,officers, servants, guests, and/or invitees, and participants in its programming,and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors,officials,officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law,for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft,fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 12 OF 27 Page 115 Item#5. must comply with bonding requirements set forth in 2 CFR § 200.325. 14. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such 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. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines,policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II,section (B)). l. Termination for convenience. Either party may terminate this Agreement by, at least thirty(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. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause,which shall include,but shall not be limited to,the following: a. 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; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Parry may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys,maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 13 OF 27 Page 116 Item#5. 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. L. 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. M. Relocation,real property acquisition,and one-for-one housing replacement. Subrecipient agrees specifically,without limitation,to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c)governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d)governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be 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. PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 14 OF 27 Page117 P. 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 . Q . 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. R . Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S . 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 , Boys and Girls Clubs of Ada County Pjh J��� ci � Colleen Braga , Executive Director CITE' ; ae L� I ity f Meridian Attest : reDAUGL "' y of B . be Si ison , Mayor s o Son , oAHo s� SEAL o J� �yrFR of the TREp'SJ��ir PY21 SUBRECIPiENT AGREEMENT — BOYS AND GIRLS CLUB PAGE 15 OF 27 Item#5. Attachment I; Location of Service Area Meridian City Limits a 4 m.vw--.---.- _-. :o,.�..... —_--.-wa.w. ` a..n�,• wmrr, - _co...:� - - .- ,,., � xF=...,.� wr�a., W�b __. _— SFmNrRt ••. •• 5 . . Lr' 5 3 8 E5d/RI'- -. Exgw wqa �x✓AF! wwv�ie E.bw,e E�y�a wcery 3 � �_ 3 POLICYMAP 8 =n, x� � i PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 16 OF 27 Page 119 Attachment 2. Risk Analysis Risk of Noncompliance Evaluation f his bmrrYnt;S useo to 3rialgs the risk of the pTcgrarf,to xefmnne t�k-W Df rrimbring required during ihis program year Organization Boys and Girls C3ub Program 2021 Award $20,000-00 Name Year Total Points 43 Risk Level Medium Ne,�-[ S'leTIS On-site ��. *&VVIAICIAWCO Review FACTORS Scale Scolre Point Vahm Type of coruract weight: 2 Tltblic Smice i 4 Hc424ig Activities(Other than K-wrie i p A:,_i star c,-, 1 3 4 8 Acqui?ftiV'Constructon I 2 Flublic facilifti6s. planning,infrast-uture, I Contracted Dollars weight: 2 $W000-Above 4 Wom-$59.999 3 4 Subrecipient Experience with Meridian CDBG weight: 3 New FIT�� jrapi 3 3,years 2 4 years,i- New Activity for Subrecipient weight: 3 Nc, I Number of Clients Served weight: 2 i 3 Less than 5C, Key Organizational Change weight: 3 Executive.--irector i Francial Wr.aw 4 Executive!AlrectiorxWor Firtandal Mar 3 RrWafn Director/ManaQer 2 2 CVw Key Staff i I Noce 0 'Systems Change weight: 3 Major aiq-em,Change 2 Pkinor Sysierns Change 1 Nc-m 0 Program Delays weight: 1 C,DBG PrDaramzlid not I..*ain cn schedule fueiayed 1 New Pm rare 1 1 CEIBG Prcgrarr.began sin schedule 1 0 Wogress Reports weight: 2 subreapiepet has mstc,;.1 nel submitti"repa,-r,*s timely New Pr ram -Subre-ciplent submit irig,-9r,orls--miely Met Goals in Previous weight: 3 AL PY21 SUBRECIP[ENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 17 OF 27 Item#5. Fisk of Noncompliance Evaluation his vt the program to�e..ermme tf kod ri monitoring retires numg this prngrdm year NaNew Pr ram Met at least 75% 3 yes 0 (Financial Audit weight: 4 Audit with moderate to setlous finch s 4 No Audit:Aitfxlugh Required d J 0 Audit with nofminor findings 0 Last Mommoring ftft weight: 3 New Pr ram 4 Grant not renewed 4 1� 2 Years of More 4 Less than 2 Ye-3B 0 Corrective Action(Any Monitoring) weight: 4 Current Major FindintA: Findings that Avuld affect serviee--�,Oierts,or potential for payment error � d New Program 4 0 Current Concerns:Findings that require providers at:ficr:. No Findi. f 0 Signature C }"i/-:$ �! Ca.,-yl,pbeff Gate C,omrnuntj Development", ram Coofftator Level of Risk Risk Medium ,, Rkk p 1 R. 1: points pcqnts amourA of monitoring Activities Y • : `fa. .'. • fn-Ae nionftonM no less Man moritonng- "M pnority primarilyuWu this category YAN be everytwoyeam The on-site moniturtm review wAll activities will generally be monitored desk monitoring procedLyes on an the chosen program ::f upon the k.of t morits of the prograrn year �annual bass-uniess situations the nwi-tormg visit,staff YAH determine the need for High-nsk subrecipietU may also cktate offwmse, On-site and frequency of additional technical assistance be reWred to su"t adffftionaJ ).mrdoring will generally take place visits andfor on-site c"ance revieos. These documentation as needed to ,at least once every two years- actrAes vAll gerwally be morNtored after high aMow for dDser evaluation of the priority activities have been adequately addressed- project trough desk monitming- PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 18 OF 27 Page 121 Item#5. Attachment 3. Signing Authority Complete the form to designate signing authority. Subrecipient Name: Boys & Girls Clubs of Ada County Project Name: Boys & Girls Club Scholarship Program Program Year: Start Date: End Date: 9/30/22 Colleen Braga Executive Director Name Title Authorized to sign for(check all that apply): Identifying Signature C�.F-inancial ❑-E-entractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Gary L. Smith President, Board of Directors Narne Title J�-� 12/21/21 Signature Date PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 19 OF 27 Page 122 Item#5. Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: Boys & Girls Clubs of Ada County Project Name: R 9 Gil ClubSrbniarshi�PrngrarnBoys Program Year: Start Date: 10/01/21 End Date: 09/3n/2022 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy [g,- ❑ ❑ ADA/Section 504 [29 U.S.C. § 7011 CY ❑ ❑ Confidentiality [2 CFR § 200.303(e)] I- ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] Q- ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] p_ ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ 54,"'Fair Housing [Fair Housing Act] (if applicable) Ej�- ❑ ❑ Nondiscrimination [24 CFR § 570,607] ❑ ❑ pi Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? []Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations I are ineligible for this funding. if the agency is a nonprofit,please select one of the following: ❑ Organization is not a major nonprofit organization. (5-ffr-ganization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Colleen Braga Executive Director Name Title 12/2S/2021 Signature U Date A major nonprofit organization is defined in § 200.414(a)as an organization receiving more than $10 million in direct federal funding. PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 20 OF 27 Page 123 Item#5. Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: Boys&GirlsClub.PY19-PY21 HEROS Number: 900000010096340 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 911 N Meridian Rd, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12&58.32;40 CFR 1508.25]: The Scholarship Program for the Meridian Boys&Girls Club provides support to low income Meridian families by giving their children access to some of the Club's extended services such as Sunrise Club(before school program,) Early Risers Program (Summer extended day program)and Kinder Club(supports kindergartners during the half day they are not in school.)This program is important as it keeps kids safe and learning during the hours that parents are at work, and it provides economic stability to some of our communities most disadvantaged families.The City anticipates using$13,000 of CDBG funding per year during each of the remaining years in the 2017-2021 Consolidated Plan.This Environmental Review will cover that span. CDBG funds will be used to assist an estimated 100 children access extended care services in the next three years.These services are provided at the Boy's and Girls Club and should not have an environmental impact.The Boys&Girls Club provides services throughout the year. Boys & Girls Club of Ada County - 'loridian unit - Google Nlaps.pdf Level of Environmental Review Determination: Activity/ Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(2) PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 22 I OF 27 Page 124 Item#5. Signature Page Funding Information Grant/ Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 103 Development(CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $13,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2 (a) (5)]: $40,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone ❑ Yes 0 No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 35011 ❑ Yes Q No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994[42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance ❑ Yes 0 No under the National Flood Insurance PY2 1 SUBRECIPIENT AGREEMENT—BOYS,AND GIRLS CLUB PAGE 22 OF 27 Page 125 Item#5. Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Program (NFIP).The project is in compliance with Flood Insurance requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY'1 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 23 OF 27 Page 126 Item#5. APPENDIX A. Related Federal (Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? Q/ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 24 OF 27 Page 127 Item#5. Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this protest is in compliance with the Coastal Barrier Resources Act, Screen Summary Compiiance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No PY2 1 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 25 OF 27 Page 128 Item#5. Flood insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and(b);24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). I. Does this project involve financial assistance for construction, rehabilitation,or acquisition of a mobile home, building,or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4, While flood insurance is not mandator/for this project,HUD strongly recommends that all Insurable structures maintain flood insurance gander the National Flood Insurance program (NFl!P). Will flood Insurance be required as a mitigation measure or condition? Yes No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY21 SLBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 26 OF 27 Page 129 Item#5. Attachment 6: Budget Boys and Girls Clubs of Ada County Meridian Scholarship Program PY21 Project#126 Scholarships Total Award $ 20,000.00 $ 20,000.00 Draw# Date Timeframe 1 6,Lc 2.t)-,L O O'D $ 4 cup D - 2 is Z 2 4, 000 $ - 3 ��1 sr Z GCtrn _zCPX1U $ - 4 1 t s z M fir.%AA t 2-O $ a 5 O $ 0 6 $ _ 7 $ _ 8 $ _ 9 $ - 10 $ _ 11 $ _ 12 $ _ Total $ - $ - Balance $ 20,000.00 $ 20,000.00 PY21 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUB PAGE 27 OF 27 Page 130 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Idaho Association for the Education of Young Children for CARES Act Community Development Block Grant Funds Page 131 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND IDAHO ASSOCIATION FOR THE EDUCATION OF THE YOUNG CHILD FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement ("Agreement") is entered into this 11th day of January,2022, by and between the City of Meridian, a municipal corporation organized un V2�" C), ws of the state of Idaho ("City") and Idaho Association for the Education of the Young Ch a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS,the Coronavirus Aid, Relief, and Economic Security("CARES") Act, enacted on March 27, 2020, provides additional funding through CDBG program to assist communities, including the City of Meridian, in addressing the impacts of the COVID-19 pandemic; WHEREAS,pursuant to the terms of this Agreement,the City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B-20-MW-16-0006, awarded by HUD on April 21, 2021; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed one hundred forty thousand dollars ($140,000). Subrecipient will be responsible for administering a childcare scholarship program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under (05L) Child Care Services. CDBG Funds will be used to reimburse for scholarships and staff costs to administer the program. The primary administrative office is located at 4355 Emerald St. Ste 250, Boise, ID 83706. See Attachment 1 for a map of the service location. CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE I OF 28 Page 132 Item#6. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR§ 570.208(a)(2)(i). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 64 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "low- to moderate-income youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://merldiancity.org/cdbg/. D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after January 1, 2022 and end on May 31, 2023. 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. CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 2 OF 28 Page 133 Item#6. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. 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 a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. 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, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning;the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https://meridiancity.org/edbg/. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent,reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 3 OF 28 Page 134 Item#6. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include,but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. 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. I. 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 shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing,by the Community Development Program Coordinator. 2. 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. CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 4 OF 28 Page 135 Item#6. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed one hundred forty thousand dollars ($140,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement 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. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period,timesheets in compliance with 2 CFR 200.430 (if applicable), 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). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than June 30, 2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision,unless otherwise authorized, in writing,by City. a. Reversion of assets to City. Pursuant to 24 CFR§ 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management ("SAM") and,per 2 CFR§ 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 5 OF 28 Page 136 Item#6. N. National Objectives met for five(5)years. Pursuant to 24 CFR§ 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five(5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be(a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR§ 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR§ 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR§ 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR§§ 570.504(b) and(c),both prior to and upon closeout. R. 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 specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 6 OF 28 Page 137 Item#6. 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. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations,unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; J. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR§ 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 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. Equal Employment Opportunity. Per 2 CFR Part 200,Appendix II, section(C) and 41 CFR§ 60-1.4(b),the equal opportunity clause set forth in 41 CFR§ 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. 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, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR§§ 570.601 and 570.602. 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. C. 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. The applicable non-discrimination provisions in Section 109 of the CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 7 OF 28 Page 138 Item#6. Housing and Community Development Act of 1974 (24 CFR§ 6) 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. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.),which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR§ 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. 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 shal l 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. G. 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. H. 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. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees(including individuals) of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR§ 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR§ 5.109. K. Labor standards. Per 2 CFR Part 200,Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 8 OF 28 Page 139 Item#6. of Labor regulations(29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3),under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing,by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and 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 or its subcontractors of its obligation, if any,to require payment of the higher wage. Per 2 CFR Part 200,Appendix II, section(E),the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the previsions of 24 CFR§ 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one(1)year thereafter. M. Rights to Inventions. Per 2 CFR Part 200,Appendix II, section(F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: 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 CDBG-CV SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 9 OF 28 Page 140 Item#6. extension, continuation, renewal, amendment,or modification of any Federal agreement, grant, loan, or cooperative agreement; 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; 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 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." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200,Appendix II, section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further 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.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project (or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR§ 75.19(b). IV. ENVIRONMENTAL CONDITIONS CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 10 OF 28 Page 141 Item#6. No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act,42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR§ 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 11 OF28 Page 142 Item#6. of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. 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: If to City: If to Subrecipient: City of Meridian Idaho AEYC Attn: Crystal Campbell, Community ATTN: Beth Oppenheimer, Executive Development Program Coordinator Director 33 E. Broadway Avenue 4355 Emerald St. Ste 250 Meridian, Idaho 83642 Boise, ID 83706 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. C. 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 58. 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. Indemnity. Subrecipient, and each and all of its employees, agents, contractors,officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors,officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 12 OF 28 Page 143 Item#6. of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such 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. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II,section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(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. Termination for cause. Termination of this Agreement, in whole or in part,may occur for cause, which shall include,but shall not be limited to,the following: a. 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; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 13 OF 28 Page 144 Item#6. data, studies, surveys, maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. 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. L. 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. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 14 OF 28 Page 145 Item#6. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be 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. P. 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. Q. 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. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. VI. CARES ACT FUNDING The Coronavirus Aid, Relief,and Economic Security Act(CARES Act) was signed into law on March 27, 2020 in an effort to respond to the COVID-19 pandemic. Projects funded under the CARES Act must meet all of the criteria for standard CDBG projects,but must also use the funding to prepare, prevent, and/or respond to COVID-19. The CARES Act prohibits the duplication of benefits. A duplication of benefits occurs when: 1. An agency and/or an individual receives assistance for the same activity from multiple resources (e.g. FEMA, SBA for staffmg, etc.); and 2. The total assistance is greater than the expense incurred for that activity. Subrecipient certifies that it has not received or applied for any additional funding sources that may be considered a duplication of benefits. If Subrecipient receives or applies for funding sources for the activities described in this Agreement, Subrecipient shall immediately notify the City's Community Development Program Coordinator. In the event a duplication of benefits is received the agency will be required to reimburse City for CDBG funds disbursed. CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 15 OF 28 Page 146 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 : Idaho A ociation for the Education of the Young Child R. h f Beth Oppenheimer, Executive Director CITY : City of Meridian Attest : OPQ0 ED AUG& T By. obert EWimisn, ayor C is so k ( 'kV or ' IDIAN .. 1DAND SEAL 40 � i f1he 7REPSV�� r CDBG-CV SUBRECIPIENT AGREEMENT — IDAHo AEYC PAGE 16 OF 28 Item#6. Attachment 1: Location of Service Area Meridian City Limits al rim.,.,... rt Ly 1 t wy� n...w ��wo.ry wo.rsn u.y. � yr�..r» ..--- •• � w.�+.. «. FIT , f IF 3 r _ tie POLICYMAa b CDBG-CV SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 17 OF 28 Page 148 Item#6. Attachment 2: Risk Analysis Risk of Noncompliance Evaluation This doemAnt is used to an&rze the risk of ft program to de+wmtiim the Level of monitoring r*_quired during this prograrn yea!- Organization IDAEYC Program CDBG-CV Award $140,000.00 Name Year Total Points On-site avcmarcwiy ca'cruarzd 72 Risk bevel High Next Steps Monitor Score FACTORS Scale Point Value Type of Carafe weight: 2 Public Service 4 Housing Activities Other than Homeownership Assistance 3 1 4 8 AcquisMonfConstruction 2 Puuic facilities,plann-incl, infrastructure 'I Contracted Dollars weight: 2 360.000-Above 4 $40,000-$59,999 3 4 8 $20,000-$39,999 2 50-;19 9% 1 Suttrecipient Experience whit Meridian CDBG weight: 3 New Program 3 1 -3years 2 3 9 4 years+ 1 New Activity for 5uttrecipient weight: 3 Yes 1 2 6 Na Number of Clients Served weight' 2 100} 3 50-99 2 2 4 Less than 50 t Key Organizational Change weight: 3 Executive Director&Financial Manager 4 Executive Director andlor Financial Manager 3 Program Director/Manager 2 0 0 Other Key Staff 1 None 0 Systems Change weight: 3 Major Systems Change 2 Minor Systems Change f 0 0 None 0 Program Delays weight: 1 CDBG Pr rare did not Ixegin on schedule/delayed 1 New Program t 1 1 CDBG Pr rant began on schedule 0 Progress Reports weight: 2 Subrecr ient has history of not submittinq re its Urnely 1 New PMqram 1 1 2 Subrecipient has history of submitting reports timely 0 Met Goals in Previous Years weight: 3 CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 18 OF 28 Page 149 Item#6. Risk of Noncompliance Evaluation This docmera is used t0 ana�ze the risk of the pW-iR to Ce"ine the level of monitoring required during this pmgrxn VLx NoMew PLograrn 2 Met at least 75% 1 2 6 Yes 0 Financial Audit weight: 4 Audit with moderate to serious findinm 4 No Audit Although Required 4 0 D Audit With nolminor findings 0 Last Monitoring Visit weight: 3 New Program 4 Grant not renewed 4 4 12 2 Years of More 4 Less than 2 Years 0 Corrective Action(Any Monitoring) weight.4 Current Major Findings: Findings that would affect services,clients,or 4 potential for payment efror New Program 4 4 1fi Current Concerns:Finclings that require providers action. 2 No Findings 0 Signature CI-yst(If Ce7IIIpbel7 Date 2=,1'101 2021 Community Development Program Coordinator Level of Risk Low Risk Medium Risk High Risk Project requires a minimum Projects YAII be nxAtored via internal bi�-annual desk Projects YA[l receive p6oft for amount of monitoring. Activities monflorings and on-site monitoring no less than monitoring- High priority under this category W[l be every t6io years. The on--site rt)orutDhng reviewyAll activities*11 generally be monitored primarily via internal be conducted preferably vathin the first six months of monitored annually*Min the firsl desk monitoring procedures on an the chosen program year- Based upon the resullts of 6 months of the program year- annual basis� unless situations the monitoring visit,staff wil I determine the need for High-risk subredpients may also dictate otherwise. On-site and frequency of additional technical assistance be required to submit additional monitoring will gerierally take place visits andfor on-site compliance reviews. These documentation as needed to at least once every two years- activities will generally be monitored after high allow for closer evaluation of the priority activities have been adequately addressed- projed through desk monitonng- Comments This is a new program and is automatically considered high-risk. Cit~j staff will work closety with AEYC to jtltpternentthe program,including providing providing technical assistance. CDBG-CV SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 19 OF 28 Page 150 Item#6. Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name: d r --4r + G�uca{�ah Project Name: r i h &I d Qc ('C'i "qlar5h;g Pird ck mrA Program Year: 2622- 23 Start Date: _ Q 3Lcf 2- End Date: D S d f ;t e t V 2 n C i'yt if Y e 11 r V/. iY'�CrU r Name Title Authorized to sign for (check all that apply): Identifying Signature ®'Financial 2 colltractelal Name Title Authorized to sign for (check all that apply): Identifying Signature 1 FiivancW1 CKContractual Name Title Authorized to sign for (check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: �Xeq.u-hyc Dtrechr Name Title 1 —.3 - a S ignature Date CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 20 OF 28 Page 151 Item#6. Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: A5Saeca c ar' fhe LLCa�'orl VOLIKOal 6th Project Name: i 0 h't JJ C6.l e- Ox-&ktp Pilo Program Year: Start Date: 03 n t 1bai- End Date: 0 LZ_ILA g Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy Q ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] pd ❑ ❑ Confidentiality [2 CFR § 200.303(e)] d ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] d ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] Rf ❑ ❑ Equal Employment Opportunity [2 CFR Part 200;41 CFR § 60-1.4(b)] ❑ ❑ [ Fair Housing [Fair Housing Act] (if applicable) d ❑ ❑ Nondiscrimination [24 CFR § 570.607] F ' ❑ ❑ Procurement [2 CFR§ 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? ZYes ❑No Per 2 CFR § 200,415 major nonprofit organizationslare ineligible for this funding. If the agency is a nonprofit, please select one of the following: NrOrganization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. e �el me r e&4 v it Name Title - / - 3 - ZOZL Signature Date ' A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 21 OF 28 Page 152 Item#6. Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a)and 58.35(b) Project Information Project Name: CV.AEYC HEROS Number: 900000010231060 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 4355 W Emerald St Ste 250, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: Idaho Association for the Education of Young Children(Idaho AEYC)will provide child care scholarships for families who are working or going to school and need assistance paying for care for their young children.The scholarship program is designed to assist families with a portion of the child care tuition in a licensed early care or school-age care program in Meridian,Idaho.Scholarships will be paid directly to a licensed care provider.The target population for the Child Care Scholarship Program will be families who are working or going to school; need assistance paying for care for pre-K and school-age children;and meet HUD's income eligibility requirements. Level of Environmental Review Determination: Activity/Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(2) Signature Page ER Sig Page.pdf CDBG-CV SUBRECIPIENT AGREEMENT—IDAHo AEYC PAGE 22 OF 28 Page 153 Item#6. Funding Information Grant/Project HUD Program Program Name Identification Number 1 Community Planning and Community Development Block Grants 133 Development(CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $140,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a)(5)]: $140,000.00 Compliance with 24 CFR 50.4& 58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone ❑ Yes Q No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990[16 USC this project is in compliance with the 35011 ❑ Yes Q No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994[42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance underthe National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance ❑ Yes Q No requirements. I CDBG-CV SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 23 OF 28 i Page 154 Item#6. Mitigation Measures and Conditions[CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures CDBG-C V SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 24 OF 28 Page 155 Item#6. APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones _ Y General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. { 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No CDBG-CV SUBRECIPIENT AGREEMENT-IDAHo AEYC PAGE 25 OF 28 Page 156 Item#6. Coastal Barrier Resources General requirements legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No CDBG-C V SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 26 OF 28 Page 157 Item#6. Flood Insurance General requirements Legislation Regulation i Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b);24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction rehabilitation or acquisition of a mobile home building_or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program(NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance,HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No CDBG-CV SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 27 OF 28 Page 158 Item#6. Attachment 6: Budget Idaho AEYC Child Care Scholarship Program CDBG-CV Project#133 Scholarships Admin Total Award $ 127,273.00 $ 12,727.00 $ 140,000.00 Draw#fie Timeframe 1 $ 2 $ - 3 $ 4 $ 5 $ 6 $ 7 $ - 8 $ 9 $ - 10 $ 11 $ 12 $ 13 $ 14 $ 15 $ _ 16 $ 17 $ Total $ - $ - $ Balance $ 127,273.00 $ 12,727.00 $ 140,000.00 CDBG-CV SUBRECIPIENT AGREEMENT—IDAHO AEYC PAGE 28 OF 28 Page 159 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $27,376.00 for Idaho Humane Society Contract Increase Page 160 Item#7. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 1/11/2022 Presenter: Captain Colaianni Estimated Time: 10 minutes Topic: FY2022 Budget Amendment for Idaho Humane Society Recommended Council Action: Mayor/Council Approval Background: Unexpected Contract increase. Page 161 Item#7. 1222/2021 9:22AM City of Meridian FY2022 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN- 01 2110 41200 0 Wages 01 2110 41206 0 PT/Seasonal Wages ` r 01 2110 41210 0 Overtime Please only complete the fields highlighted 01 2110 41304 0 Uniform Allowance In Orange' { 01 2110 42021 o FICA $ Amendment Details 01 2110 42022 0 PERSI $ - Title: Idaho Humane Society Contract 01 2110 42023 0 Worker's Comp $ rtment Name: Police 01 1 2110 1 4202S 0 Employee Insurance $ Presenting Department Name: Police Total Personnel Costs $ - Department#: 2110 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 2110 55704 0 Contracted Labor $ 27,376 $ 27,376 Project#: 01 2110 0 $ 01 2110 0 $ - Is this for an Emergency? ❑Yes I] No 01 2110 0 $ New Level of Service? ❑Yes I] No 01 2110 0 $ 01 2110 0 $ - Clerks Office Stamp 01 2110 0 $ O1 2110 0 $ I 01 2110 0 $ 01 2110 0 $ 01 2110 0 $ 01 2110 ° $ - 1-11-2 22 Ol 2110 0 $ - Dote of CouncilAppraval Total Operating Expenditures $ 27,376 $ $ 27,376 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Ac Bement Date 01 2110 0 01 2110 0 /I`�v! / , /� �L/L 1 01 2110 0 D artment Director 01 zllo o APPROVED 01 2110 0 (ByToddLavoieat2:25pm,Dec2720211 BP 12/27/2021 01 2110 0 Chief Financial Officer Total Capital Outlay $ Luke would Ilk,discussed at Council Workshop as he does no[support this request. Revenue/Donations Fund# Dept.# G/L# Proj.# G/L#Description Total un Ol 2110 ° (�j 12-30-21 01 1 2110 0 01 1 2110 0 or Total Revenue/Donations $ - Total Amendment Request $ 27,376 Total Amendment Cost-Lifetime City of Meridian FY2022 Budget Amendment Form C:\UsersVkwooddelhDesktop\FY2022 Budget Amendment Form IHS Page 162 Item#7. 12/22/2021 9:22AM City of Meridian FY2022 Budget Amendment Form PriorYear(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2022 2023 2024 2025 2026 Title: Idaho Humane Society Contract Personnel $ - $ - S - $ $ ina+. ...fogs„hmi—sn.,de,.tA—.,d...,,t< Operating $ 27,376 $ - $ - $ - $ - >ae(,.?.n.M Wit—t! M ytn Mr rtiYw Capital $ >N.—win—Amon —to to,"K.— Total $ $ 27,376 $ - $ - $ - $ >ew,Knu.'.on.wba,d a J-dAn.e,dmenuofd.yo, Total Estimated Project Cost: $ 27,376 >Nxyo..nd xm,"d A,.,.mo..m m In—(". t—"I Evaluation Questions >R--(e d¢aa YO).11...d.,, .dr P,.1—roo.p— Please answer all Evaluation Questions using the financial data referenced above. >e.v.rtment-11 ddc ofA—dine„WOxt o1ag-d.-9 N-1 r.—I.W-qW 1.Describe what is being requested? Spend Authority/Budget increase to cover the contract with Idaho Humane Society dated 11/3O/2O21.Contract increase higher than anticipated during Budget Cycle. 2.Why was this budget request not submitted during the current fiscal year budget cycle? Full contract price not known when the FY22 budget was created. 3.What Is the explanation for not submitting this budget request during the next fiscal year budget cycle? Contract with Idaho Humane Society covers the dates of Jan 1, 2022 through Sept 30,2022. 4.Describe the proposed method of funding? If funding is split between Funds(i.e.General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General Fund Balance 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? (Yes. 6. Does this request require resources to be provided by other departments?If yes,please describe the necessary resources to be provided by other departments. No. 7.Does this Amendment include any needed Equipment or Software that will utilize the City's network?(Yes or No) 8.Is the amendment going to result In the dis osal of an asset?(Yes or No) No 9.An_ additional comments? Remaining Budget as of 12/20/21;$421,475.22 Contract for 9 months is$448,851.00; Budget Amendement of$27,376 I Total Amendment Request $ 27,376 Every effort should be made to avoid reopening the budget for on amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2022 Budget Amendment Form C\UsersUkwooddell\Desktop\FY2022 Budget Amendment Foam IHS Page 163