CDBG Subrecipient Agmt Food BankSUBRECIPIENT AGREEMENT FOR USE OF
PY09 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT is entered into this ~ day of January, 2010, by and between the
City of Meridian ("City"), a municipal corporation organized under the laws of the State of
Idaho, and Valley Shepherd Nazarene Compassionate Ministries Center, Inc., dba Meridian Food
Bank, 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 received
funds from the United States Government 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, Subrecipient provides a public service to families and individuals in the
Meridian area by providing food to those in need, which activity complements the objectives of
the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the
investment of CDBG funds in Subrecipient's programming for Program Yeaz 2009;
NOW, THEREFORE, it is agreed by the parties hereto as follows:
I. STATEMENT OF WORK
A. Purpose. Subrecipient agrees that it shall use City's PY09 CDBG funds in the amount of
twenty thousand dollars ($20,000) to purchase food supplies for distribution at the
Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho, or equipment
required for delivery of this service. Subrecipient shall be responsible for administering
its PY09 CDBG funds in a manner satisfactory to City and consistent with any and all
standards required as a condition of providing these funds.
B. National Objective. Subrecipient certifies that the activities carried out with City's
PY09 CDBG funds provided by City under this Agreement will meet one or more of the
CDBG program's National Objectives. Specifically, Subrecipient's activities under this
agreement shall provide a new public service (24 CFR § 570.201(3)) to limited clientele
(24 CFR § 570.208(a)(2)).
C. Levels of accomplishment. This project will include labor, supplies, and materials. In
addition to the normal administrative services required as part of this Agreement,
Subrecipient agrees to document and report on each and all of the following outcomes:
1. Family size (number of individuals) of each person or household assisted; and
2. Household income of each person or household assisted;
3. Race of individuals assisted;
4. Number of individuals gaining new access to services provided; and
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 1 OF 14
5. Number of individuals gaining improved access to services provided.
D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for
staffing.
E. Performance Monitoring. City will monitor the performance of Subrecipient against
goals and performance standards required herein. Substandard performance as
determined by City will constitute non-compliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen (14)
days after being notified by the City, Agreement suspension or termination procedures
will be initiated.
F. Time of Performance. Services of Subrecipient under this Agreement shall start on or
before January 15, 2010 and shall be completed by September 30, 2010. 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 assets,
including program income.
G. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the
form, content, and frequency as required by City. if Progress Reports are delinquent,
draw requests will not be processed until the delinquency is cured. Progress Reports must
contain information on outcome-based measurements as outlined in this Agreement.
II. ADMINISTRATIVE REQUIItEMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable
uniform administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PY09 CDBG funds in the amount
of twenty thousand dollars ($20,000) to purchase food supplies for distribution at the
Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho. City may
require a detailed budget breakdown, and Subrecipient shall provide such information
in a timely fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize funds available
under this Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21
through 84.28, and further agrees to: adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with
PY09 SUBRECIPIENT AGREEMENT - MERIDIAN Foon BANK PAGE 2 OF 14
OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These
principles shall be applied for all costs incurred, whether chazged on a direct or
indirect basis.
5. Certification of financial management system. Payments shall be contingent upon
HUD's certification of Subrecipient's financial management system in accordance
with 24 CFR § 84.21.
C. 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 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. 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 24 CFR § § 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart
K, except that Subrecipient does not assume City's responsibilities under 24 CFR
§ 570.604 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of all
activities funded under this Agreement. Records for non-expendable property
acquired with funds under this Agreement shall be retained for five (5) yeazs after
final disposition of such property. If, prior to the expiration of the five-yeaz 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-yeaz period, whichever occurs
later.
3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to: client name,
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 3 OF 14
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available for review upon City's
request.
4. Disclosures. 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.
5. 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 the Subrecipient has control over CDBG funds,
including program income.
6. Audits and inspections. All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to City, HUD or its agent, or other
authorized federal officials, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data for purposes of investigation to ascertain compliance with the rules, regulations
and provisions stated herein. Any deficiencies noted in audit reports must be fully
repaired by Subrecipient within thirty (30) days after receipt of such report by
Subrecipient. Failure of Subrecipient to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
future payments. Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning audits and as applicable,
OMB Circular A-133.
D. Reporting and Payment Procedures.
1. Program Income. Subrecipient shall report monthly all program income as defined
at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds
made available under this Agreement. The use of program income by Subrecipient
shall comply with the requirements set forth at 24 CFR § 570.504. Byway of further
limitations, Subrecipient may use such income during the Agreement period for
activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unexpended
program income shall be returned to City at the end of the Agreement period. Any
interest earned on cash advances from the U.S. Treasury is not program income and
shall be remitted promptly to City. At the end of the program year, City may require
PY09 SUBxECIPIENT AGREEMENT - MERIDLIN Foos BANK PAGE 4 of 14
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. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this
Agreement based upon information submitted by Subrecipient and consistent with
any approved budget and City policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted
by City in accordance with advance fund and program income balances available in
5ubrecipient's accounts. In addition, City reserves the right to liquidate funds
available under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Draw requests. It is expressly agreed and understood that the total amount to be paid
by City under this Agreement shall not exceed twenty thousand dollars ($20,000).
Drawdowns for the payment of eligible expenses shall be made in accordance with
performance. Draw requests shall only be accepted on official City and/or HUD
forms and must be completed in full to be processed. Final draw under this
Agreement will be submitted by Subrecipient no later than September 30, 2010 unless
otherwise agreed in writing.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this
Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to the use of CDBG funds.
E. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal 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.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the
requirements of 24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel
outside the Boise metropolitan area with funds provided under this Agreement.
l:II.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b)
PY09 SUBRECIPIEAIT AGREEMENT -MERIDIAN FOOD BANK PAGE 5 OF 14
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, and the Executive
Order 11246 as amended by Executive Order 11375 and 12086.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders
referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable
non-discrimination provisions in Section 109 of the HCDA are also applicable.
Subrecipient will not discriminate against any employee or applicant for employment or
services because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital status or status with regard to public assistance. Subrecipient
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which
prohibits discrimination against the handicapped in any Federally-assisted program. City
shall provide Subrecipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Agreement.
D. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or workers' representative of Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or
advertisements for employees placed by or on behalf of Subrecipient, state that it is an
Equal Opportunity or Affirmative Action employer.
E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political activities; sectarian,
or religious activities; lobbying, political patronage, and nepotism activities.
1. Politicah activities. Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engage in the
conduct of political activities in violation of the Hatch Act (Title V, Chapter 15,
U.S.C.).
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 6 OF 14
2. Religious activities. Subrecipient agrees that funds provided under this Agreement
will not be utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the Federal regulations
specified in 24 CFR § 570.200(j).
F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis-Bacon Act as amended; the provisions of
Agreement Work Hours and Safety Standazds Act; the Copeland "Anti-Kickback" Act
(40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws
and regulations pertaining to labor standards insofaz as those acts apply to the
performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such
documentation shall be made available to City for review upon request. Subrecipient
further agrees that all subcontractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in part
with assistance provided under this Agreement shall comply with Federal requirements
pertaining to such Agreements and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage
rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require
payment of the higher wage.
G. 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 135, 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, Subrecipient and any
of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these
requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to sanctions.
2. Subcontract language. Subrecipient further agrees to include the following language
in all subcontracts executed under this Agreement: "The work to be performed under
this Agreement is a project assisted under a program providing direct Federal
financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701).
Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low and very low income residents of the project azea and
Agreements for work in connection with the project be awazded to business concerns
that provide economic opportunities for low and very low income persons residing in
the metropolitan azea in which the project is located."
PY09 SusctECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 7 OF 14
3. Employment of low- and very-low-income persons. Subrecipient further agrees to
ensure that opportunities for training and employment arising in connections with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazazds), housing construction, or other public construction projects are given to low
and very-low income person residing within the metropolitan azea in which the
CDBG-funded project is located; where feasible, priority should be given to low and
very low income persons within the service azea of the project or the neighborhood in
which the project is located, and to low and very low income participants in other
HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of Iead-based paint
hazazds), housing construction, or other public construction project are given to
business concerns that provide economic opportunities for low and very low income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns which provide
economic opportunities to low and very low income residents within the service azea
of the neighborhood in which the project is located, and to low and very low income
participants in other HUD programs.
H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42
and 570.611m, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standazds of conduct
that shall govern the performance of its officers, employees or agents engaged in the
award and administration of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration of, a contract supported
by Federal funds if a conflict of interest, real or appazent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have
exercised any functions or responsibilities with respect to CDBG-assisted activities,
or who aze in a position to participate in adecision-making process or gain inside
information with regazd to such activities, may obtain a financial interest in any
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 who they
have business or immediate family ties, during their tenure or for a period of one (1)
yeaz thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official
of City, the Subrecipient, or any designated public agency.
I. Lobbying. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
PY09 SUB[tECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 8 OF 14
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal Agreement,
the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal Agreement, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language of paragraph (d) of this
certification 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 that $10,000 and not more than $100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
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.
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 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
PYO9 SusaEC~mv'r AGREElvtffiv'[' -MERIDIAN Foon Barra PAGE 9 of 14
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 hazazds 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 aze fifty yeazs or older or that are included on a Federal, state or local historic
property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing
and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
City of Meridian Meridian Food Bank
Attn: CDBG Program Administrator Attn: Dan Clazk
33 E. Broadway Avenue 15 E. Bower Street
Meridian, Idaho 83642 Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of
this pazagraph by giving written notice of such change to the other party in the manner
herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations
concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient
also agrees to comply with all other applicable Federal, state and local laws, regulations,
and policies governing the funds provided under this Agreement.
C. 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
PY09 Susx~crn~rr AGREEMENT -MERIDIAN FOOD BANK PAGE to of 14
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.
D. 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.
E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance
coverage for all employees involved in the performance of this Agreement.
F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to
protect Agreement assets from loss due to theft, fraud and/or undue physical damage.
Further, Subrecipient shall comply with the bonding and insurance requirements of 24
CFR § § 84.31 and 84.48.
G. Grantor Recognition. Subrecipient shall publically recognize the role of City in
providing services under this Agreement.
H. 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.
I. Termination.
1. Notice of termination. 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.
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 11 OF 14
2. Partial termination. Partial terminations of the Statement of Work as set forth
herein may only be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports of
other materials prepared by Subrecipient under this Agreement shall, at the option of
City, become the property of City, and Subrecipient shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents
or materials prior to the termination.
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or
termination of the Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43,
suspension or termination of the Agreement, in whole or in part, may occur if
Subrecipient materially fails to comply with any term of this Agreement, 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 by Subrecipient 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 by the Subrecipient to City reports that are incorrect or incomplete in
any material respect.
6. Penalty for material noncompliance. In addition to suspension or termination of
this Agreement and/or any other remedies as provided bylaw, upon a finding of
material noncompliance, City may declare Subrecipient ineligible for any further
participation in City CDBG programming. In the event there is probable cause to
believe Subrecipient is in noncompliance with any applicable rules or regulations,
City may withhold up to fifteen (15) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be
in compliance.
J. 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.
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 12 OF 14
K. 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.
2. Monitoring. Subrecipient will monitor all subcontracted services on a regulaz 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 azeas of noncompliance.
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.
4. Selection Process. Subrecipient shall undertake to insure that all subcontracts
entered into in the performance of this Agreement shall be awazded pursuant to any
applicable provisions of the City Purchasing Policy and/or local, state, or federal laws.
5. Documentation. Executed copies of all subcontracts shall be forwarded to City along
with documentation concerning the selection process.
L. No contractual impediments. Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with these requirements.
M. Severability. if any provision of this Agreement is held invalid, the reminder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
N. 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.
O. 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 maybe asserted at any
time after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
P. 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 yeaz first above written.
PYO9 SUBI2ECIPIENT AGREEMENT -MERIDIAN Foon BANK P.e.GE 13 of 14
SUBRECIPIENT:
Meridian Food Bank
,~ r
y: an Clark, Director
STATE OF IDAHO )
ss:
County of ~/~ )
I HEREBY CERTIFY that on this ~ day o ~ 2010, before the undersigned, a
Notary Public in the State of Idaho, personally appear Dan ark, known to me to be the
person who executed the said instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and~~~~~tif
O
m '~ ~•$v,~tr
s, ~v e~
o.
CITY: ,,••~~'yq~rATe ~$:.'.
City of Meridian ~""`~~
first above written.
Notary Public for Idaho
Residing at ~,~K~r~_v_.~~ ,Idaho
My Commission Expires: ~' ~~ ~ v'{Df~
By: T iy e Weerd, Mayor
Attest: ``\\~,,,, ~ ~ ~ ~ ~ ~ ~ ~,,,,~~~~
pF
.,
,~ ®-q~%
,,
.,
Jayc ol~an, ity Clerk
SEAL =
~~ ~`~
~•~
~; ~'O ST tst • a0 ~~•
,,~~~.q Cep , `®Q, ``~~.
UNT`f
PY09 StrsaECIPIIIVT AGREEMENT -MERIDIAN Foos BANK PAGE 14 of 14