Professional Services Contract with SagePROFESSIONAL SERVICES CONTRACT
This contract is entered into this 17th day of June , 2004, by and between the City of Meridian,
Idaho, herein referred to as the "GRANTEE" and Ida-Ore Planning and Development Corp.
(d.b.a. Sage Community Resources), 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 purposes of "Business
Expansion Infrastructure Improvements"; and
WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services
related to the administration of the above described ICDBG project; and
WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited
in OMB Circular A-102; and
..WHEREAS, in order to assure effective management of the above project, it is deemed to be in
the best interests of the GRANTEE to enter into an agreement with the CONTRACTOR as
hereinafter provided;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CONTRACTOR
The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to
provide the services described in Section 6 in order to provide for the administration and
management of the ICDBG project for the GRANTEE as approved by the DEPARTMENT.
2. EMPLOYEE-EMPLOYER RELATIONSHIP
The contracting parties warrant by their signature that no employer-employee relationship is
established between the CONTRACTOR and the GRANTEE by the terms of this contract. It
is understood by the parties hereto that the CONTRACTOR is an independent contractor and
as such neither it nor its employees, if any, are employees of the GRANTEE for purposes of
tax, retirement system, or social security (FICA) withholding.
3. CONTRACTOR'S INSURANCE
The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the
duration of this Contract, statutory worker's compensation coverage, employer's liability and
comprehensive general liability insurance shall have, at a minimum, a coverage limit of at
least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars
($500,000) aggregate.
4. LIAISON
The GRANTEE designated liaison with the CONTRACTOR is Will Berg, City Clerk. The
CONTRACTOR'S designated liaison with the City of Meridian is Leslie Toombs, Economic
Development Planner.
5. EFFECTIVE DATE AND TIME OF PERFORMANCE
This Contract takes effect on June 17.2004 .The services to be performed by the
CONTRACTOR will be completed upon project closeout.
6. SCOPE OF WORK
The CONTRACTOR will perform the following services:
A. PROJECT PLANNING
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.
Toombs will serve as final grants development coordinator and provide liaison with
governmental funding partners.
ii. Working in conjunction with the GRANTEE, and their Engineer, CONTRACTOR
will develop, publish,: and submit necessary applications for grant assistance to the
State agencies.
iii. Develop an approved Administrative Plan and secure approval of the Plan by the
funding agency.
B. CITIZEN PARTICIPATION
i. Assist GRANTEE in conducting. public hearing required previous to grant application
submittal and at 50% construction completion.
C. ENVIlZONMENTAL REVIEW
i. Have GRANTEE appoint Environmental Review Officer.
ii. Establish Environmental Review Record file.
iii. Determine whether project is categorically excluded. Complete Statutory Checklist.
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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 (15-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 or
construction bids.
iv. Comply with GRANTEE Section 3 Plan and maintain documentation.
v. Implement at least three (3) of the Fair Housing activities listed in the Civil Rights
Handbook, including an Analysis of Impediments to Fair Housing.
vi. Consistent with the provision of Executive Order 11246 and OMB Circular A-102,
Attachment O, CONTRACTOR will take affirmative steps to assure that women
(WBE) and minority businesses (DBE) are used when possible as sources of supplies,
equipment, construction and services. Additionally, CONTRACTOR will document
all affirmative steps taken to solicit WBE & DBE businesses and forward this
documentation along with the names of the WBE & DBE subcontractors and
suppliers to the local government CDBG recipient upon request.
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E. ACQUISITION AND RELOCATION COMPLIANCE
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
final acquisition documents.
vi. Assist the GRANTEE in preparing acquisition file for each property acquired.
vii. Assist the GRANTEE in complying with State and Federal requirements regarding
donations of properties or relocation.
F. LABOR STANDARDS COMPLIANCE
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 from previous federal work
c. Conduct pre-construction conferences to obtain various certifications of all
contractors and subcontractors
d. Review weekly payrolls
e. Assure wage rates and Equal Employment Opportunity signs are posted at the job
site
f. Monitor on-site inspection reports
g. Conduct employee interviews to insure Davis-Bacon wages are being paid
iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date
and assist in notifying bidders of any changes in Wage Determinations.
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iv. Monitor that all contracts and subcontracts contain Federal Labor Standards
provisions, applicable wage determinations and other required Federal and local
assurances and documentation. Check contractor and subcontractor eligibility with
DEPARTMENT (HUD) before starting construction.
v. Conduct pre-construction conference: inform all contractors, and those subcontrac-
tors that have been selected of their labor standard and fair employment practice
obligations as required by HUD. Submit pre-construction conference minutes to
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
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.
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ii. Coordinate to obtain, if necessary, DEPARTMENT approval for scope of
work/project area adjustments after on-site confirmation ofpre-design project scope
by engineers and the GRANTEE.
iii. Furnish Engineer with all HUD documentation, including Federal Wage Determinat-
ions, for preparation of check set of Plans and Specifications.
iv. Submit documents to the DEPARTMENT for final review prior to going out to bids.
Secure written approval of bid documents from DEPARTMENT.
v. Monitor and counsel for proper advertisements of project for purpose of securing
wide bidder activity to meet Federal (HUD) requirements.
J. HANDICAPPED ACCESSIBILITY COMPLIANCE
i. Designation of a responsible employee.
ii. Adoption and public notification of the Policy on Non-discrimination.
iii. Adoption and Public Notification of the 504 grievance procedure.
iv. Establishing Section 504 Citizen Review Committee.
v. Conducting local self-evaluation.
vi. Developing a Transition Plan.
7. COMPENSATION
For the satisfactory completion of the services to be provided under this Contract, the
GRANTEE will pay the Contractor a sum, not to exceed $22,000 which the GRANTEE
agrees to pay as set forth in attachment "A".
Payment of compensation is contingent upon GRANTEE receiving an Idaho Community
Block Grant of $222,603.
8. CONFLICT OF INTEREST
The CONTRACTOR warrants that it presently has no interest and will not acquire any
interest, direct or indirect, in the ICDBG project, which would conflict in any manner or
degree with the performance of its services hereunder. The CONTRACTOR further
covenants that, in performing this contract, it will employ, no person who has any such
interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules,
arise during the performance of this contract, it will be disclosed and managed according to
the ICDBG rules.
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9. MODIFICATION AND ASSIGNABILITY OF CONTRACT
This contract contains the entire agreement between the parties, and no statements, promises,
or inducements made by either party, or agents of either party, which are not contained in the
written contract, are valid or binding. This contact may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto. The CONTRACTOR may not
sub contract or assign its rights (including the right to compensation) or duties arising
hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any
subcontractor or assignee will be bound by all the terms and conditions of this contract.
10. TERMINATION OF CONTRACT
This contract maybe 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
T 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 of the project is not in the best
interest of both parties and that further expenditure of funds will not produce any results. The
parties shall agree in writing upon the conditions, effective date and fair and reasonable
payment for work completed.
c. Termination for cause.
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
of the terms and conditions of this contract, the GRANTEE may give notice, in writing,
to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient
for all purposes if it describes the default in general terms. If all defaults are not cured
and corrected within a reasonable period as specified in the notice, the GRANTEE may,
with no further notice, declare this Contract to be terminated. The CONTRACTOR will
thereafter be entitled to receive payment for those services reasonably performed to the
date of termination, less the amount of reasonable damages suffered by the GRANTEE by
reason of the CONTRACTOR'S failure to comply with this contract.
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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.
11. DOCUMENTS INCORPORATED BY REFERENCE
The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated June 21,
2004, and all applicable federal and state statutes and regulations are incorporated into this
contract by reference in attachment "B".
12. CIVIL RIGHTS ACT OF 1964
The CONTRACTOR will abide by the provisions 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-102,
Attachment O, 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.
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 maybe 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 bylaw, representatives
of the State of Idaho.
20. CONSTRUCTION AND VENUE.
This Contract will be construed under and governed by the laws of the State of Idaho. In the
event of litigation concerning it, venue is the in Third Judicial District for the County of
Canyon, State of Idaho.
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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.
22. LEGAL FEES.
In the event either party incurs legal expenses to enforce the terms and conditions of this
contract, the prevailing party maybe 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 17`h day of
June, 2004.
IDA-ORE PLANNING & DEVELOPMENT ASSN.
(dba Sage Community Resources)
CITY OF MERIDIAN
BY: ~~~~
Kathleen Simko
President
B .
a Weerd, Mayor
Cit Meridian
Sage Community Resources
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Date
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ATTACHMENT A
The GRANTEE shall pay CONTRACTOR for performance of the services described in Section 6 a sum
not to exceed $22,000, as detailed in Section 6 and the following paragraph, unless such sum is
subsequently changed by the agreement of both parties as described in Section 9. Both parties mutually
agree that payment for all activities listed below will be contingent on the GRANTEE receiving federal
funding.
Pavment Requests: Upon CONTRACTOR'S written request, GRANTEE shall make progress payments to
CONTRACTOR. Billings will occur based on work completed during the previous period and referenced
by invoice and progress report:
1. Upon completion of Environmental Review Records, and the securing of "Notice of Removal of Grant
Conditions and Release of Funds" from the DEPARTMENT. This includes all preliminary activities
involved in setting up a grant, including, but not limited to, start-up activities, project file organization,
budgeting, etc. Work with GRANTEE to explain grant requirements/expectations, assistance with
procurement of engineering services. CONTRACTOR shall receive $8,800.00 (or 40%).
2. Upon execution of construction contract and start up of construction for work including, but not
limited to, work with Architect and/or Engineer on preparation of appropriate procurement
documentation and progress reporting. `If applicable, provide assistance with bid opening/award,
execution of construction contract, and conduct pre-construction conference, the CONTRACTOR
shall receive $2,200 (or 10%).
3. Through construction period for work including, but not limited to, work with
contractors/subcontractors to monitor Davis-Bacon (if applicable), civil rights and all other required
compliance activities: Prepare invoices/monthly progress reports, conduct second public hearing,
continue project management; attend meetings; maintain communication among all parties, i.e.
GRANTEE, DEPARTMENT, architectural firm, engineer, contractors, and others as needed; and
conduct project monitoring, as needed. Assist employer in setting up documentation of job creation
and matching fund expenditures. CONTRACTOR shall receive monthly payments of $2,200 for a
total not to exceed $8,800.00 (or 40%).
The total amount paid in progress payments as listed above shall not exceed ninety (90) percent of the total
compensation sum.
Final Pavment: GRANTEE shall pay the final $2,200.00 (or 10%) for the Contract sum, upon
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.
Penal :CONTRACTOR shall lose $500.00 for each unresolvable Finding ofNon-Compliance or
unresolvable Finding of Violation attributable to CONTRACTOR'S performance.
Per ormance o 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.
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ATTACHMENT B
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 of land acquired, cleared or improved with
assistance provided under this Agreement, the Grantee shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease
or rental, or in the use or occupancy of such land or any improvements erected or to be
erected thereon, and providing that the Grantee is undertaking its obligation in carrying out
the program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant and will not itself so discriminate. This agreement is also subject to the
requirements under the Fair Housing Act Amendments of 1988, which has been expanded to
cover handicapped persons and families with children.
2. Title VIII
This Agreement is subject to the requirements of Title VIII of the Civil Rights Act of 1968
(P.L. 90-284), and HUD regulations with respect thereto, providing that it is the policy of the
United States, within constitutional limitations, to provide fair housing, and prohibiting any
person, in the sale, rental, financing, or brokers of housing, from discriminating or in any way
making unavailable or denying a dwelling to any person because 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 from participation in or
benefiting from any program or activity funded in whole or part with community
development funds made available pursuant to the Act. Section 109 further incorporates
prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42
USC 6101 et seq) and against handicapped discrimination contained in Section 504 of the
Rehabilitation Act of 1973 (29 USC 794), as amended.
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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)
and the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 et seq.), as well as
HUD requirements pertaining to such contracts and the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment
of wage rates higher than those required under such regulations are imposed by state or local
law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require
payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all
such contracts subject to such regulations, provisions meeting the requirements 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 HUD regulations
contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental
review, decision-making, and other action under NEPA and related laws, in accordance with
Part 58.
6. Section 3
This Agreement is subject to the employment and contracting requirements of Section 3 of
the Housing and Urban Development Act of 1968 (12 U.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 of local government or the metropolitan area or non-
metropolitan county in which a covered project is located; and that contracts for work in
connection with such projects be awarded, to the greatest extent feasible, to eligible business
concerns which are located in, or owned in substantial part by, persons residing in the same
metropolitan area or non-metropolitan county as the project. HUD regulations contained in
24 CFR Part 135 contain guidelines relating to Section 3 objectives.
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7. Lead Based Paint Hazards
The construction or rehabilitation of residential structures with assistance provided by this
Agreement is subject to HUD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or
loans made by the Grantee for the rehabilitation of residential structures with assistance
provided under this Agreement shall be made subject to the provisions for the elimination of
lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be
responsible for the inspections for the inspections and certifications required under section
35.14(f) thereof.
8. Conflict of Interest of Members Officers or Em~loyees of Grantee Members of Local
Governing_Bod~, or Other Public Officials:
No member, officer, or employee of the Grantee, or its designees or agents, no member of the
governing body of the locality in which the program is situated, and no public official of such
locality or localities who exercised any functions or responsibilities with respect to the
program during his tenure or for one year thereafter, shall have any interest, direct or indirect,
n any contract or subcontract, or the proceeds thereof, for work to be performed in connection
with the program assisted under the Agreement. The Grantee shall incorporate, or cause to
be incorporated, in all such contracts a provision prohibiting such interest pursuant to the
purposes of this section.
9. Prohibition Against Pa~nnents 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 from the same.
11. Historic Preservation Act of 1966
Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq).
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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
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 of ICDBG-funded
public improvements from low and moderate income owner occupants; and
5. it will abide by all State and Federal rules and regulations related to the
implementation and management of Federal grants.
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