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Professional Service Agreement for SAGE PROFESSIONAL SERVICES CONTRACT Senior Citizen Rehabilitation Project This contract is entered into this 17th day of February, 2004, by and between the City of Meridian, Idaho, herein referred to as the "GRANTEE" and Sage Community Resources dba IDA-ORE Planning and Development Association, whose address is 10624 W. Executive Drive, Boise, ID 83713, herein referred to as the "CONTRACTOR", Witnesseth: WHEREAS, the GRANTEE has made application to and been awarded by the Idaho Department of Commerce, herein referred to as the "DEPARTMENT," for the receipt of grant funds under the Idaho Community Development Block Grant (ICDBG) Program for the purposes of assisting ".. .the City of Meridian in their Senior Center Rehabilitation Project"; and WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services related to the administration of the above described ICDBG project; and WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited in OMB Circular A-I02; and WHEREAS, in order to assure effective management of the above project, it is deemed to be in the best interests of the GRANTEE to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to provide the services described in Section 6 in order to provide for the administration and management of the ICDBG project for the GRANTEE as approved by the DEPARTMENT. 2. EMPLOYEE-EMPLOYER RELATIONSHIP The contracting parties warrant by their signature that no employer-employee relationship is established between the CONTRACTOR and the GRANTEE by the terms ofthis contract. It is understood by the parties hereto that the CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees ofthe GRANTEE for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance shall have, at a minimum, a coverage limit of at Page I of 16 G:\WillIGrantsISr Citizen ICDBG I-04\prof service admin contract 2-17-04.doc least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. 4. LIAISON The GRANTEE designated liaison with the CONTRACTOR is William G. Berg, Ir., City Clerk. The CONTRACTOR'S designated liaison with the City of Meridian is Pat Engel, Community Development Specialist. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE The services to be performed by the CONTRACTOR will be completed upon project closeout. 6. SCOPE OF WORK The CONTRACTOR will perform the following services: A. PROJECT PLANNING i. Work with the City of Meridian to plan final funding source strategy for the project. This will include attending necessary meetings, public presentations, performing research, and giving recommendations for project development activities. Ms. Pat Engel will serve as final grants development coordinator and provide liaison with governmental funding partners. ii. Working in conjunction with the GRANTEE, and their Architect, CONTRACTOR will develop, publish, and submit necessary applications for grant assistance to the State agencies. iii. Develop an approved Administrative Plan and secure approval of the Plan by the funding agency. B. CITIZEN PARTICIPATION i. Assist GRANTEE in conducting public hearing required previous to grant application submittal and at 50% construction completion. C. ENVIRONMENTAL REVIEW i. Have GRANTEE appoint Environmental Review Officer. ii. Establish Environmental Review Record file. iii. Determine whether project is categorically excluded. Complete Statutory Checklist. Page 2 of 16 G:IWililGrantslSr Citizen ICDBG l-04lprof service admin contract 2-17-04.doc iv. If project is not excluded, conduct Environmental Assessment to include impacts on and mitigating measures for: a. Community b. Site c. Historic preservation d. Floodplain/wetland e. Endangered species f. Local regulations v. If no restrictions are placed on the project by the agencies contacted during the Environmental Assessment, prepare Finding of No Significant Impact (FONSI) a. Publish FONSI and distribute notice and Request for Release of Funds (15 days) b. Mail Certification and Request for Release of Funds to DEPARTMENT along with a copy of publication (I5-day comment period) c. Receive Release of Funds from the DEPARTMENT D. CIVIL RIGHTS COMPLIANCE i. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community Profile, staffing minority status or other documents and statistics, which demonstrate GRANTEE'S minority and handicapped population and efforts in nondiscriminatory practices. ii. File signed Section 3 Clause and Certifications. iii. Submit MBE/WBE Solicitation Summaries for all solicitations for services. iv. Comply with GRANTEE Section 3 Plan and maintain documentation. v. Implement at least three (3) of the Fair Housing activities listed in the Civil Rights Handbook, including an Analysis of Impediments to Fair Housing. vi. Consistent with the provision of Executive Order 11246 and OMB Circular A-1O2, Attachment 0, CONTRACTOR will take affirmative steps to assure that women (WBE) and minority businesses (DB E) are used when possible as sources of supplies, equipment, construction and services. Additionally, CONTRACTOR will document all affirmative steps taken to solicit WBE & DBE businesses and forward this documentation along with the names of the WBE & DBE subcontractors and suppliers to the local government CDBG recipient upon request. E. ACQUISITION AND RELOCATION COMPLIANCE I Page 3 of 16 G:IWilllGrantslSr Citizen ICDBG HJ41prof service adrrrin contrafl 2-17-O4.OOc i i i. Determine whether acquisition is governed by Title III of the Uniform Relocation Act. ii. Assist in the preparation of documentation for temporary or permanent easement allocation and acquisition of real property. iii. Prepare acquisition notices. iv. Prepare Requests for Qualification (RFQ's) for the selection of a certified appraiser, as needed. v. Review appraisal documents, determine just compensation and assist in preparing fmal acquisition documents. vi. Assist the GRANTEE in preparing acquisition file for each property acquired. vii. Assist the GRANTEE in complying with State and Federal requirements regarding donations of properties or relocation. F. LABORSTANDARDSCOMPL~NCE i. Furnish Engineer with all HUD documentation, including Federal Wage determinations, for preparation of check set of plans and specifications. ii. Maintain documentation attesting to all administrative and enforcement activities with respect of Federal labor standards requirements, including: a. Review all contract documents to ensure labor standards provisions, including current wage determinations, are included b. Check all contractors and subcontractors to verify they are a bona fide company and have no deficiencies outstanding ITom previous federal work c. Conduct pre-construction conferences to obtain various certifications of all contractors and subcontractors d. Review weekly payrolls e. Assure wage rates and Equal Employment Opportunity signs are posted at the job site f. Monitor on-site inspection reports g. Conduct employee interviews to insure Davis-Bacon wages are being paid iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date and assist in notifying bidders of any changes in Wage Determinations. iv. Monitor that all contracts and subcontracts contain Federal Labor Standards provisions, applicable wage determinations and other required Federal and local assurances and documentation. Check contractor and subcontractor eligibility with DEPARTMENT (HUD) before starting construction. Page 4 of 16 G:\WiIilGrantsISr Citizen ICDBG 1-041prof service adntin contract 2-17-04.doc v. Conduct pre-construction conference: inform all contractors, and those subcontrac- tors that have been selected of their labor standard and fair employment practice obligations as required by HUD. Submit pre-construction conference minutes to DEPARTMENT. Submit executed contract documents to DEPARTMENT for review and approval. vi. During construction, conduct on-site inspections and worker interviews, checking for posting of Federal wage determination and Equal Employment Opportunity poster, and collection and review of weekly contractor and subcontractor payrolls and subcontractor reports. vii. Seek prompt correction of all violations of labor standards and payroll discrepancies. H. FINANCIAL MANAGEMENT i. CONTRACTOR will assist the GRANTEE in establishing a project filing system, which will include: a. General Ledger b. Cash receipts/disbursements journals c. Requests for Funds/Source Documentation and Progress Reports ii. CONTRACTOR will act as prime coordinator to process Requests for Funds and obtain funding from the DEPARTMENT. iii. Submit Performance Reports to the DEPARTMENT. iv. Schedule with DEPARTMENT for monitoring as required. v. Provide continued project administration through closeout in accordance with State and Federal requirements. I. PROCUREMENT OF MATERIAL AND SERVICES i. Provide assistance to the GRANTEE in the procurement of all contracts and subcontracts to ensure the procurement process meets with the requirements of the funding agencies. ii. Coordinate to obtain, if necessary, DEPARTMENT approval for scope of work/project area adjustments after on-site confirmation of pre-design project scope by engineers and the GRANTEE. iii. Furnish Engineer with all HUD documentation, including Federal Wage Determinat- ions, for preparation of check set of Plans and Specifications. Page 5 of 16 G:IWililGramslSr Citizen lCDBG 1-04lprof service adntin contract 2-17-04.doc iv. Submit documents to the DEPARTMENT for final review no later than 15 days prior to going out to bids, along with the required Bid Document Review Certification form. v. Monitor and counsel for proper advertisements of project for purpose of securing wide bidder activity to meet Federal (HOD) requirements. J. HANDICAPPED ACCESSIBILITY COMPLIANCE i. Designation of a responsible employee. ii. Adoption and public notification ofthe Policy on Non-discrimination. iii. Adoption and Public Notification ofthe 504 grievance procedure. iv. Establishing Section 504 Citizen Review Committee. v. Conducting local self-evaluation. vi. Developing a Transition Plan. 7. COMPENSATION For the satisfactory completion of the services to be provided under this Contract, the GRANTEE will pay the Contractor a sum, not to exceed $10,000 which the GRANTEE agrees to pay as set forth in attachment "A". Payment of compensation is contingent upon GRANTEE receiving an Idaho Community Block Grant of$100,000. 8. CONFLICT OF INTEREST The CONTRACTOR warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further covenants that, in performing this contract, it will employ, no person who has any such interest. Should any conflict of interest, as defined by the ICDBGAdministrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 9. MODIFICATION AND ASSIGNABILITY OF CONTRACT This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the Page 6 of 16 G:IWillIGnmts\Sr Citizen ICDBG l-04lprof service admin contract 2-17-04.doc written contract, are valid or binding. This contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The CONTRACTOR may not sub contract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any subcontractor or assignee will be bound by all the terms and conditions of this contract. 10. TERMINATION OF CONTRACT This contract may be terminated as follows: a. Termination due to loss of funding. In the event that the DEPARTMENT reduces or terminates payments under the ICDBG Program so as to prevent the GRANTEE from paying the CONTRACTOR with ICDBG funds, the GRANTEE will give the CONTRACTOR written notice, which sets forth the effective date of the termination and explain the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. b. Termination for convenience. The GRANTEE may terminate this contract in whole, or in part, for the convenience of the GRANTEE when both parties agree that the continuation ofthe project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for work completed. c. Termination for cause. i. If the GRANTEE determines that the CONTRACTOR has failed to comply with the terms and conditions of this contract, it may terminate this contract in whole, or in part, at any time before the date of completion. If the CONTRACTOR fails to comply with any ofthe terms and conditions of this contract, the GRANTEE may give notice, in writing, to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the GRANTEE may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the GRANTEE by reason of the CONTRACTOR'S failure to comply with this contract. ii. Notwithstanding the above, the CONTRACTOR is not relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach of this contract by the CONTRACTOR, and the GRANTEE may withhold any payments to the CONTRACTOR for the purpose of set off until such time as the amount of damages due the GRANTEE from the CONTRACTOR is determined. Page 7 of 16 G:\WiIllGrantsISr Citizen ICDBG l-04\proI service adntin contract 2-17-()4.doc 11. DOCUMENTS INCORPORATED BY REFERENCE The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated March 1, 2002, and all applicable federal and state statutes and regulations are incorporated into this contract in attachment "B". 12. CIVIL RIGHTS ACT OF 1964 The CONTRACTOR will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The CONTRACTOR will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The CONTRACTOR will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG-assisted project will be extended to lower income project area residents. Further, the contractor will, to the residents of the project area in the award of contracts and purchase of services and supplies. 15. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246 and OMB Circular A-I02, Attachment 0, the CONTRACTOR will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the CONTRACTOR must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the GRANTEE upon request. 16. NONDISCRIMINATION The CONTRACTOR will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. Page 8 of 16 G:IWiIilGranlsISr Citizen ICDBG l-04lprof service adrnin contract 2-17-04.doc 17. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by the CONTRACTOR pursuant to this Contract are to be the property of the GRANTEE and the DEPARTMENT which have the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the GRANTEE and the DEPARTMENT. 18. REPORTS AND INFORMATION The CONTRACTOR will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the GRANTEE to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the GRANTEE or its authorized representative, and will be retained for three years after the expiration of this contract. 19. ACCESS TO RECORDS. It is expressly understood that the CONTRACTOR's records relating to this contract will be available during normal business hours for inspection by the GRANTEE, the DEPARTMENT, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives ofthe State ofIdaho. 20. CONSTRUCTION AND VENUE. This Contract will be construed under and governed by the laws ofthe State ofIdaho. In the event oflitigation concerning it, venue is the in Fourth Judicial District for the County of Ada, State ofIdaho. 21. INDEMNIFICATION. The CONTRACTOR waives any and all claims and recourse against the GRANTEE including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the CONTRACTOR'S performance of this contract except for liability arising out of concurrent or sole negligence of the GRANTEE or its officers, agents or employees. Further, the CONTRACTOR will indemnify, hold harmless, and defend the GRANTEE against any and all claims, demands, damages, costs, expenses or liability arising out of the CONTRACTOR'S performance of this contract except for liability arising out of the concurrent or sole negligence of the GRANTEE or its officers, agents or employees. Page 9 of 16 G:IWillIGrantsISr Citizen ICDBG l-04lprof service admin contract 2-17-04.doc 22. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party may be entitled to recover reasonable attorney's fees and other costs as set forth under Idaho Law. 23. SPECIAL WARRANTY. The CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this contract. The CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. Any such activity by the CONTRACTOR shall make this contract null and void. IN WITNESS WHEREOF, the parties hereto have executed this contract on the 17th day of February, 2004. SAGE COMMUNITY RESOURCES CITY OF MERIDIAN BY: ~~\ Kathleen A. Simko Executive Director Sage Community Resources 3/3J ò<f Date Attest: ~ ( é~ rsI Date Attest. Page 10 of 16 G:IWilllGrantslSr Citizen ICDBG 1-04\prof service admin contract 2-17-04.doc ATTACHMENT A The GRANTEE shall pay CONTRACTOR for performance of the services described in Section 6 a sum not to exceed $10,000, as detailed in Section 6 and the following paragraph, unless such sum is subsequently changed by the agreement of both parties as described in Section 9. Both parties mutually agree that payment for all activities listed below will be contingent on the GRANTEE receiving federal funding. Payment ReQuests: Upon CONTRACTOR'S written request, GRANTEE shall make progress payments to CONTRACTOR. Billings will occur based on work completed during the previous period and referenced on two bills: 1. Upon completion of Environmental Review Records, and the securing of "Notice of Removal of Grant Conditions and Release of Funds " ITom the DEPARTMENT. This includes all preliminary activities involved in setting up a grant, including, but not limited to, start-up activities, project file organization, budgeting, etc. Work with GRANTEE to explain grant requirements/expectations, assistance with procurement of engineering services. CONTRACTOR shall receive $2,500.00 (or 25%). 2. Upon execution of construction contract and completion of pre-construction conference and for work including, but not limited to, work with Architect and/or Engineer on preparation of bid package, bid opening/award, assistance with execution of construction contract, and conduct pre-construction conference, the CONTRACTOR shall receive $2,500.00 (or 25%). 3. Through construction period for work including, but not limited to, work with contractors/subcontractors to monitor Davis-Bacon, civil rights and all other required compliance activities: continue project management; attend meetings; maintain communication among all parties, i.e. GRANTEE, DEPARTMENT, architectural firm, engineer, contractors, and others as needed; and conduct project monitoring, as needed. CONTRACTOR shall receive monthly payments of$ 1 ,000.00 for a total of $4,000.00 (or 40%). The total amount paid in progress payments as listed above shall not exceed ninety (90) percent of the total compensation sum. Final Payment: GRANTEE shall pay the final $1,000.00 (or 10%) for the Contract sum, upon CONTRACTOR'S written requisition when all the above services are completed; DEPARTMENT has monitored the project files and cleared any and all monitoring findings; CONTRACTOR has prepared and submitted the Final Report for the closeout of the grant. Penalty: CONTRACTOR shall lose $750.00 or 5% of the total contract amount whichever is greater for each unresolvable Finding of Non-Compliance or unresolvable Finding of Violation attributable to CONTRACTOR'S performance. Page 11 of 16 G:IWiIIIGrantsISr Citizen ICDBG 1-ü4lprof service admin contract 2.17.04.doc Performance of Staff: CONTRACTOR will be responsible for the successful performance and completion of services by assigned staff as specified in the Scope of Work. CONTRACTOR will certifY that staff work is complete and in compliance with all ICDBG program requirements prior to requesting payment for services. Page 12 of 16 G:IWillIGrantsISr Citizen ICDBG l-04lprof service admin contract 2-17-04.doc ATTACHMENTB 1. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer ofland acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant ruuning with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This agreement is also subject to the requirements under the Fair Housing Act Amendments of 1988, which has been expanded to cover handicapped persons and families with children. 2. Title VIII This Agreement is subject to the requirements of Title VIII ofthe Civil Rights Act of 1968 (P.L. 90-284), and BUD regulations with respect thereto, providing that it is the policy of the United States, within constitutional limitations, to provide fair housing, and prohibiting any person, in the sale, rental, financing, or brokers of housing, fÌ'om discriminating or in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders 11063 and 12259, and 24-CFR parts 100 through 115, particularly part 107. 3. Section 109 This Agreement is also subject to provisions of Section 109 of the Housing and Community Development Act of 1974) P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race, color, national origin or sex to exclude any person fÌ'om participation in or benefiting fÌ'om any program or activity funded in whole or part with community development funds made available pursuant to the Act. Section 109 further incorporates prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 USC 6101 et seq) and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as amended. 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with the requirements of the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5) Page 13 of 16 G:IWillIGrants\Sr Citizen ICDBG 1-04lprof service adntin contract 2-17-04.doc and the Contract Work Hours and Safety Standard Act (40 V.S.C. 327 et seq.), as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment of wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. No award shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 5. Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and related laws, as furthered by HVD regulations contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental review, decision-making, and other action under NEP A and related laws, in accordance with Part 58. 6. Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Vrban Development Act of 1968 (12 V.S.C. 1701u). Section 3 requires that, to the greatest extend feasible, opportunities for training and employment be given to lower- income persons residing within the unit oflocal government or the metropolitan area or non- metropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns which are located in, or owned in substantial part by, persons residing in the same metropolitan area or non-metropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 7. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided by this Agreement is subject to HUD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be responsible for the inspections for the inspections and certifications required under section 35.14(f) thereof. 8. Conflict ofInterest of Members. Officers. or Emplovees of Grantee. Members of Local Governinl! Bodv. or Other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, no member of the Page 14 of 16 G:\WiIl\GrantsISr Citizen 1CDBG l-04\prof service adntin contract 2-17-04.doc governing body of the locality in which the program is situated, and no public official of such locality or localities who exercised any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, n any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes of this section. 9. Prohibition Against Payments or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 10. Conflict of Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise /Tom the same. 11. Historic Preservation Act of 1966 Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq). 12. Additional Assurances The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party of parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement. The Grantee shall comply with all lawful requirements of the Grantor to insure this Agreement is carried out in accordance, and with the obligations and responsibilities of the Grantor to HUD. 13. ReQuirements of Units of General Local Government A. Certification Title I of the Housing and Community Development Act of 1974, as amended through 1983, Section 106(d)(5) units of general local government must make certain certifications on behalf of the unit of government. The State may not distribute funds Page 15 of 16 G:\WiIllGnmts\Sr Citizen ICDBG 1-04\profservice adntin contract 2-17-04.doc unless the unit of government has submitted certifications providing essentially that: 1. it will minimize displacement as a result of activities assisted with ICDBG funds; 2. it will conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing. 3. it will provide opportunities for citizen participation comparable to the State's requirements (those described in Section 104(a) of the Act, as amended); 4. it will not use assessments or fees to recover the capital costs ofICDBG-funded public improvements ITom low and moderate income owner occupants; and 5. it will abide by all State and Federal rules and regulations related to the implementation and management of Federal grants. Page 16 of 16 G:\WilllGrants\Sr Citizen ICDBG l-04\prof service admin conn.c! 2-17-04.doc ....