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ICDBG-91-III-31 PFti.~ r` CONTF2ACT AMENDMENT NO. # 1 Contract No. # ICDBG- 91-III-3l ~~ ~~ a35, lely The Damn-art between the Depe~tr~ of Cca~ar~~° ATM? the is hereby amended as follows: oZ ~;6~frg in the form of local match funds for the purpose of completing this Amend Article II, Sentence two t~ Beau: ~:1C vrdLi~aC uereby agrees o p project. Amend project budget per attachment. The foregoing contract amendment is hereby accepted with the understandini; that all other terms and conditions of the contract will remain the same. STATE OF IDAHO Department of Commerce am V. Hawkins i Elected Officia a D ctor Title Date %~- Date For internal Use of the Department ------------------------------------------------ Reviewed and Approved pity of MPrdian t rovide CQY/C~Y~ Meridian ~3 ~ 9 ~ Date i~/ 3 /55~ Date aw.SQVV.I:DDG /Tour.CDBG.Forms.C:ontractAma~dmau i,lsa llobbins Accountant Supervisor ATTACHMENT A BUDGET COMMUNITY DEVELOPMENT PROJECT Applicant (or Grantee): City of Meridian Project No.: ICDBG-9I-III-31 Prniect• D~~=mtown ImI?rovemez~t_Project -East First Street/I Broa~y~y -Phase T~vQ_.,___ .._a ,~_..-_.. ~._.wA _.~_-~ AMOUNTS: LINE ITEMS: ICDBG Grant Other Fed State Local Total Administrative Expenses* 38,269 38,269 Project Planning Design* Land, Structures, Rights of Way 115,120 115,120 Architectural/Engineering Base Fees 34,624 34,624 Project Inspection Fees 10,000 10,000 Relocation Expenses Relocation Payments to Businesses & Individuals 2,424 2,424 Demolition and Removal 5,352 5,352 Construction and Project Improvement 206,635 1,242,238 1,448,873 Equipment Audit 1,000 1,000 Total Costs** 400,000 1,255,662 1,655,662 Remarks: Administrative expenses and project planning design costs when totaled shall not exceed lOx of the total ICD86 aaount. ~* Grantees allowed to shift up to l0I of total ICD66 funds between line iteas without requesting budget aaend~ent. Therefore, there is no contingency line item. Cecil D. Andrus Governor James v. F-awkins Director July 18, 1994 ,~ is GQti Q •E ~t O.n m , ~ ~. ` ~ 44 t ~rE OF DEPARTMENT OF COMMERCE The Honorable Grant P. Kingsford Mayor, City of Meridian 55 Eas± Idaho Ave. Meridian, Idaho 83642 RE: City of Meridian ICDBG-9I-III-3 I -PF Dear Mayor Kingsford: 700 West State Street ~'.O. Box 83720 Boise, ID 83720-0093 Phone: (208) 334-2470 FAX (208) 334-2631 On June 30, 1994, I received the city's response to the monitoring letter of June 14, 1994. The areas reviewed and addressed in this letter include: Environmental Review Record; Accountability and Financial Management; Labor Standards Compliance; Civil Rights Compliance; and Acquisition and Relocation. A monitoring of each area indicated the following: • Environmental Review Record -Determination of Potential Deficient Performance. In order to clear this compliance area the city will need to contact the Department of the Interior and obtain an Endangered Species Clearance. The city has written the U.S. Department of Interior requesting clearance. • Accountability and Financial Management -Determination of Concern. The city supplied disbursement information, as requested, supporting the $64,342 in ICDBG funds Paid tV date. Ir- the future, ?~.owe.~er, before. any future ICDBG reimbursements are. m?de to the city, expenditures must be substantiated by invoices. The City has certified that the ICDBG Bid Solicitation Summary will be sent out for all future administration and engineering services on ICDBG projects. This compliance area will remain open until all grant funds are expended and monitored. • Labor Standards Compliance -Determination of Compliance. The city has supplied the documentation for Boise Paving, Power Electric, and Meridian Sanitary Service. A debarred check on Meridian Sanitary Service was completed as requested. This request was made because Meridian Sanitary Service was not a subcontractor of Barton Construction. The compliance in this area has been met. • Civil Rights Compliance -Determination of Concern. The Meridian minority population is 4 percent. A review of the city staff revealed approximately 1 percent of its work force is minority. It was recommended that the city develop comprehensive hiring policies and IDAHO ,. ". ~ r The Honorable Grant Kingsford June 18, 1994 Page 2 procedures to assure that equal opportunity is provided in hiring and promoting employees. The city has republished the fair housing resolution as requested. In the area of accessibility for the disabled, the city must complete a transition plan and a 504 self-evaluation of programs/services for accessibility by disabled persons. • Acquisition and Relocation. This compliance area will be monitored in the future, because relocation assistance is involved for a family occupying a house to be displaced due to the project. Information on calculating the replacement housing payment was provided to the city. To insure compliance and be eligible for future grant reimbursements, the city will need to follow up on the above items by September 1, 1994. We also request the city to submit an amended project schedule, so we may amend the grant contract to more adequately reflect the status of the project. Please let us know If you have any questions. P t a aneta Community Development Specialist Kay Frances, Administrator Division of Community Development cc. Wayne Forrey i-•, Cecil U. Andrus Governor James v. Hawkins Director AT 8~ ~9 0 ~~ .. r~ 4 ~ 70o West State street Joe R. Williams Building PO. Box 83720 Boise, ID 83720-0093 Phone (208) 334-2470 FAX (208) 334-2631 DEPARTMENT OF COMMERCE June 14, 1994 The Honorable Grant P. Kingsford Mayor, City of Meridian 55 East Idaho Avenue Merdian, Idaho 83642 RE: City of Meridian, ICDBG-9I-III-31-PF Dear Mayor Kingsford: On April 15 & 22 and June 10, 1994, I met with Mr. Wayne Forrey and Shari Stiles for the purpose of monitoring the city's 1991 Idaho Community Development Block Grant (ICDBG) project. At the conclusion of the monitoring, a list of items was given to Mr. Forrey, and he agreed to submit these items to the department by June 13, 1994. Prior to these meetings, two letters were sent to the city requesting these items by May 30, 1994. As of this date, we have not received all these items and must issue our monitoring findings without them. As you may be aware, the purpose of monitoring is to review the city's records for compliance with State and Federal requirements. The files reviewed were located at Meridian City Hall. The areas reviewed and addressed in this letter include: Environmental Review Record; Accountability and Financial Management; Labor Standards Compliance; Civil Rights Compliance; Citizen Participation; Acquisition and Relocation; and Performance, which includes Timeliness, Eligibility, and the Achievement of National Objectives. A monitoring of each of these areas indicated the following: • Environmental Review Record -Determination of Potential Deficient Performance. The project consisted of the construction of approximately 12001ineal feet of street, curb, gutter, sidewalk, landscaping, and the purchase of two parcels of property for downtown parking lots. Leve12 environmental assessments were conducted on the two parcels of property to ensure no contamination was present prior to purchase with block grant funds. The environmental review officer for the project, Mr. Wayne Forrey, determined the project qualified for a Finding of Categorical Exclusion and issued a Finding of Exemption per 24 CFR 58.34(a)(10). The department concurred with this finding on July 28, 1992. The endangered species determination was updated after 180 days and prior to construction IDAHO CONTINUED... ~, The Honorable Grant P. Kingsford June 14, 1994 Page 2 ~ a ~ k, ~ ~ ~ proceeding on the project; however, construction was delayed, and the endangered species ~~ '~ ~., category was not updated again as required. In order to clear this compliance area, the city 4;~~ '~"~ `~ will need to contact the Department of the Interior and obtain an endangered species clearance. • Accountability and Financial Management -Finding of Noncompliance An examination of the city's records indicated that all expenditures were supported by ;" ,,fit invoices, but it was impossible to tell when disbursements were made or to whom they ,e. °`~ ~ ~ were made because adequate records were not made available for review. "` ~ ,~ , -~ '~ ~'`° i ,.. $ In the area of procurement, the City followed appropriate procedures in the procurement of ~vA ~ engineering but failed to supply documentation for the procurement of administration. Y; Furthermore, women and minority owned businesses were not notified of the bid solicitations for administration and engineering services as required. In order to clear this compliance area, the city will need to provide the disbursement documentation and certify in writing that ICDBG bid solicitation summaries will be sent out for administration and engineering services on future ICDBG projects. 1~~ • Labor Standards Compliance -Finding of Noncompliance. A review of the city's k~``` a records for the project indicated that contractors appeared to pay their employees the correct r ~~~~'"~ ~~~'~ Davis-Bacon wage rates per Wage Decision ID91-1 Modification 23. However, contractor `~ `' .~~`,. ~ ~` certifications for Power Electric, Boise Paving, and Meridian Sanitary Service were not ~~`~ ' ` `' _ completed neither were payroll signature authorizations for Boise Paving and Power Electric. Further review of the files indicated that no notice of start of construction was mailed to the department as required. No documentation has been provided to indicate Meridian Sanitary Service was ever checked against the debarred list. In order to clear this compliance area, the city will need to supply all the documentation requested above for Power Electric, Boise Paving, and Mer~ idian Sanitary Service: • Civil Rights Compliance -Determination of Concern. No community profile was ~~&'~, ,~ prepared outlining the race and gender of the community's population and no formal ~~`~'`.' ~' personnel policies and procedures were in place detailing the city's employment policies. r ~'w; This makes it impossible to assess the city's hiring and promotional practices with regard to ~, ~; minorities and women. The city has also failed to publish a Fair Housing_Resolution on an annual basis as required. In the area of accessibility for the disabled, the city still needs to complete aself-evaluation of programs and services for accessibility by disabled persons and complete a transition plan. The city has made progress in this area. In order to clear this compliance area, the city will need to publish the Fair Housing Resolution, complete the publication requirements for 504 compliance, and complete a 504 self evaluation plan and transition plan as required. • Performance -Determination of Deficient Performance. This project has fallen almost two years behind schedule. The department requested a progress report on the status of the project on October 12, 1993 and received no written response until March 25, 1994. As a result of the monitoring visits on April 15 & 22, 1994, we requested that monitoring items be sent to the department by May 4, 1994, and followed up with another request extending the deadline to May 30, 1994. After meeting on June 8, 1994, all parties involved agreed CONTINUED... ~ ,^ The Honorable Grant P. Kingsford June 14, 1994 Page 3 that another monitoring of the city would be conducted on June 10, 1994. Following this monitoring, these same parties agreed that items needing completion would be submitted to the department by 5 p.m., June 13, 1994. As of this date, we have not received these items. Furthermore, Wayne Forrey, the grant administrator for the project has not renewed his certification to administer grants as required for the years of 1993 and 1994. No follow-up action required. • Citizen Participation - Determination of Compliance. The city conducted numerous public hearings on the project. This satisfies all the requirements of this compliance area. • Acquisition and Relocation. This compliance area will be monitored in the future as relocation assistance is involved for a farrnly occupying a house which will be displaced as a result of the project. Information on calculating the replacement housing payment is attached for your reference. Although the lack of responsiveness was the grant administrator's direct responsibility, the city should be aware that ultimate responsibility rests with them. Therefore, the city shall have until July 1, 1994, to complete the items requested in the compliance areas above. If the city does not send these items to the department by July 1, 1994, then the city shall be placed in sanction per administrative rule 211-02. The consequences of the sanction will be termination of the grant contract, no further reimbursement of ICDBG funds, and ineligibility to apply for future ICDBG funding. If you have any questions please let us know. at a arieta Co pity Development Specialist K y c ,Administrator D 'ion of Community Development cc. Wayne Forrey ~"~ ~-. CHAPTER FIVE SEC1ivN 104(d) REG~UIREMENTS • 104(d) REPLACEMENT HOUSING PAYMENT Handbook 1378, Paragraphs 7-7 and 7-16 Basic Requirements ^ The 104(d) Replacement Housing Payment is available only to Lower Income households [7-7aJ. Displaced tenants with incomes above the Section 8 Lower Income limit are eligible to receive assistance .under the URA. ^ The 104(d) Replacement Housing Payment is intended to provide affordable housing fora 60 month period j7-16eJ. There is no cap on the 104(d) Replacement Housing Payment. ^ As with URA the payment is calculated using the lower of the cost of the tenant's replacement dwelling (including utilities) or a comparable replacement dwelling. ^ The Replacement Housing Payment makes up (fora 60 month period) the difference between (7-16e(1)(a)J: The rent and utility costs for the replacement dwelling (or comparable) and • The tenant's Total Tenant Payment, calculated as the_greater nf• -_ ._ • N 30% of adjusted income i ~ ` ~)_ _,..~ 10% of gross income =~'~ .Mare Rent (in as-paid states) I ~ ~ 7/`80 EXAMPLE $500 Replacement Unit Rent $20,000 Annual Income 50 Estimated Average Utilities 1440 Adjustments (480 x 3j $550 Replacement Unit Gross Rent $18,560 Adjusted Income $490 Comparable Unit Renter $20,000 _ 12 months x .10 = $167 50 Estimated Average Utilities $18,560 = 12 months x .30 = $464 $540 Comparable Unit Gross Rent Welfare Rent NA TTP = $464 Replacement Housing Payment: $ 540 - Comparable Unit Gross Rent minus 464 Total Tenant Pavment (TTP) $ 76 Monthly Difference x 60 Months $4,560 Replacement Housing Payment ^ HUD form 40072, Appendix 27 of Handbook 1378 is used for this calculation. t Alf the Right Moves, ICF, November, 1993 5-9 CHAPTER TWO URA f,~~UIREMENTS ~ ~ ~_- _---- _ ~CITSWERS~ REPLACEMENT HOUSING PAYMENT EXERCISE Smith Family Rent/Utilities Information $475 Displacement Unit Rent $ Comparable Rent (not established by grantee) $650 Replacement Unit Rent $ 60 Estimated Utilities Displacement Unit $ 65 Estimated Utilities Replacement & Comparable Unit Household Income Information $18,000 Gross Annual Income $535 Displacement Unit Rent/Utilities (475+60) $450 30% of monthly gross income ($18,000 = 12 x .30 = $) $450 Choose the lesser of the above $ Comparable rent/utilities (not established) $715 Replacement unit rent/utilities ($650 + 65) $715 Choose the lesser of the above Calculation of Replacement Housing Payment: ;~ ti~~~; ~ $715 Replacement unit rent/utilities 450 Displacement unit rent/utilities ~~y~ $265 Monthly replacement housing payment $265 x 42 months = $11,130 ~" ~ '' 3eo 4[ ,r~ ~, ~_ -~ All the Right Moves, ICF, November, 1893 2-28 Cecil D. Andrus Governor James V. Hawkins Director s o ' ., m F~. DEPARTMENT OF~ COMMERCE June 6, 1994 The Honorable Grant P. Kingsford Mayor, City of Meridian 55 East Idaho Avenue Meridian, ID 83642 1~E: City of Meridian, ICDBG-9I-III-31-PF Dear Mayor Kingsford: 700 west State Street Joe R. Williams Building P.O. Box 83720 Boise. ID 83720-0093 Phone (208) 334-2470 FAX (208) 334-2631 On Aprll 15 and 22, 1994, I met with Mr. Wayne Fonrey and Shari Stiles for the purpose of monitoring the city's 1991 Idaho Community Development Block Grant (ICDBG) project. At the conclusion of the monitoring, a list of items needing completion was given to Mr. Forrey. Since that time. two letters have been sent to the city requesting these items by May 30, 1994. As of this date, we have not received these items and must issue our monitoring findings without them. ' As you may be aware, the purpose of monitoring is to review the city's records for compliance with state and federal requirements. The files reviewed were located at Meridian City Hall. The areas reviewed and addressed iri< this letter include: Environmental Review Record; Accountability and Financial Management; Labor Standards Compliance; Civil Rights Compliance; Citizen Participation; Acquisition and Relocation; and Performance, which includes Timeliness, Eligibility, and the Achievement of National Objectives. A monitoring of each of these areas indicated the following: Environmental RCView lZPrord• Determir~ti~~ of Deficient Perfor>ntance The project consisted of the construction of approximately 1,2001ineal feet of street, curb, gutter, sidewalk. landscaping, and the purchase of two parcels of property for downtown parking lots. Level 2 environmental assessments were conducted on the two parcels of property to ensure no contamination was present prior to purchase with block grant funds. The environmental review officer for the project, Mr. Wayne Forrey, determined the project qualified for a Finding of Categorical Exclusion and issued a Finding of Exemption per 24 CFR 58.34(a)(10). The department concurred with this finding on July 28, 1992. However, the categorical exclusion did not cover the parking lots as specified in the release of funds issued by the department. Furthermore, the endangered species determination was not updated after 180 days prior to construction proceeding CONTINUED... IDAHO - ' ~ /1 The Honorable Grant P. Kingsford June 6, 1994 Page 2 ~on the project. The city should have reevaluated the environmental impact of the parking lots and updated the endangered species determination to be in compliance with environmental regulations. No further actions are required. Accountab~ty nd nanMal 1VI n~gement• Fin i„g of 11'oncomp is An examination of the city's records indicated that all expenditures were supported by invoices. However, because adequate records were not made available for review, it was impossible to tell when disbursements were made or to whom they were made. In the area of procurement. the city followed appropriate procedures irr engineering but failed to supply documentation in administration and construction activities as requested. Further, women and minority owned businesses were not notified of the bid solicitations for administration and engineering services as required. ~_~+~ _ _- iiau~ll;C- r1A ~*~ oz roncomp iLa_nCe A review Of the city's reCOrdS for the project indicated that contractors appeared to pay their employees the correct Davis-Bacon wage rates per Wage Decision ID91-1 Modification 23. However. contractor certifications for Power Electric. Boise Paving, and Meridian Sanitary Service were not completed neither were payroll signature authorizations for Boise Paving and Power Electric. No documentation was supplied indicating a preconstruction conference was held or that preconstruction conference checklists were filled out by the prime contractor. A review of the files also indicated that no notice of start of construction was mailed to the department as required. The prime contractor, Barton Construction, was not checked against the Federal Debarred List until two months after the contract was awarded. and the other prime contractor, Meridian Sanitary Service, was never checked against the debarred list. Civil Ri~irts Comb 1an~P• Determination of Deficient Performance No records were made available to the department by the city indicating the staff composition by race and gender and no community profile was prepared outlining the race and gender of the general population. This makes it impossible to assess the cites hiring and promotional practices in regard to minorities and women. The city has also failed to publish a fair housing resolution on an annual basis as required. In the area of accessibility for the disabled, the city still needs to complete aself- evaluation of programs and services for accessibility by disabled persons and complete a transition plan. 'The city has made progress in this area. Perform ~ Dete n9t~n of Deficient Performance This project has fallen almost two years behind schedule. The department requested a progress report on the status of the project on October 12, 1993, and received no written response until March 25, 1994. As a result of a monitoring visit on April 15 and 22, 1994, the department requested that monitoring items be sent to the department by May 4, 1994, and followed up with another request extending the deadline to May 30, 1994. As of this date, we have not received these items. Ci~*±+cipation• Determination of Compliance The city conducted numerous public hearings on the project. This satisfies all the requirements of this compliance area. CONTINUED... The Honorable Grant P. Kingsford June 6, 1994 Page 3 Acauisition and ]nratlnn• bete ~~ ~ De$cieat PCrfOrmen~e As the Mty has not provided documentation requested for the Amick property and replacement of the housing unit demolished on that property, we cannot determine whether or not acquisition requirements were met. Due to the nonresponsiveness of the city and the grant administrator, Mr. Wayne Forrey, the city and the grant administrator are placed in sanction per administrative rules 211-02 and 215. As of this date, the grant contract between the city of Meridian and the department is terminated. No ICDBG funds will be reimbursed to the city, and participation in the ICDBG program is barred for a period of three years. If the city wishes reinstatement in the ICDBG program prior to the three year period, the $64,342 in grant funds already expended will have to be reimbursed to the department. Mr. Wayne Forrey is also barred from administering ICDBG grants for a period of three years. ff you have any questions, please let us know. Sincerely, Pat Madarieta Community Development Specialist s~ Administrator Community Development KF:PM:km ~ Wayne Forrey Cecil D. Andrus Governor James V. Hawkins Director zs rF 700 West State Street Joe R. Williams Building P.O. Box 83720 Boise, iD 83720-0093 Phone (208) 334-2470 FAX (208) 334-2631 DEPARTMENT OF COMMERCE May 19, 1994 The Honorable Grant Kingsford Mayor, City of Meridian 33 East Idaho Meridian, ID 83642 RE: City of Meridian Downtown Revitalization Project ICDBG-9I-III-3I-PF Dear Mayor Kingsford: On May 13, 1994, we received a letter from Mr. Wayne Forrey indicating that monitoring items requested by the department for the city's downtown revitalization project would be sent to our office by May 16, 1994. As of this date, we have not received this information. In order to close out this project, we would like to request that this information be sent to our office no later than May 30, 1994. Failure to meet this deadline may result in the city receiving a finding of noncompliance in the performance category of the grant and possibly jeopardize future block grant funding. Sinc ices, Administrator of Community Development KF:km cc: Shari Stiles Wayne Forrey IDAHO Cecil D. Andrus Governor .lames V. Hawkins Director 0 V4~A~ 8~t .n ~, .. ~ m o 44 1 ~rF of DEPARTMENT OF COMMERCE May 12, 1994 Shari L. Stiles City of Meridian 33 East Idaho Meridian, ID 83642 Dear Ms. Stiles: 700 West state street PO. BOx 83720 Boise, ID 83720-0093 Phone: (208) 334-2470 FAX (L08) 334-2631 Having been awared a waiver on taking the grant administration examination, you are now certified to be a Grant Administrator in the 1994 Idaho Community Development Bock Grant Program. Enclosed is your Grant Administrator certificate and, for your convenience, a current list of all workshop attendees. We look forward to working with you in the coming year and encourage you to contact us if we may be of assistance in any way. Sincerely. ~s', Administrator Community Development KF:Id Enclosure IDAHO ~-. ~ Cecil D. Andrus Governor James v. Hawkins Director DEPARTMENT OF COMMERCE May 10, 1994 The Honorable Grant Kingsford Mayor, City of Meridian 33 East Idaho Meridian, ID 83642 RE: City of Meridian Downtown Revitalization Project ICDBG-9I-III-3I-PF Dear Mayor Kingsford: 70o west State Street Joe R. Williams Building P.O. BOx 83720 Boise, ID 83720-0093 Phone (208) 334-2470 FAX (208) 334-2631 On April 15 & 22, 1994, Pat Madarieta of my staff met with Mr. Wayne Forney to monitor the city's downtown revitalization project. As a result of this monitoring, Mr. Forney was given a list of items that were needed to complete the monitoring. The agreed upon date for submission of these items to the department was May 4, 1994. As of this date, we have not received any response from the city. Please advise us of the status of the items as soon as possible. Y ~c~ts, Administrator of Community Development KF/PMl cc: Wayne Forney Shari Stiles A~ s~ x rE ~ ti IDAHO ~ .-~ HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. K1NGS~'ORD Mayor June 30, 1994 Mr. Pat Madarieta Community Development Specialist Idaho Department of Commerce 700 West State Street, 2nd Floor Boise, ID 83720 Re : IC DBG-9 I -III-3 I -PF Dear Mr. Madarieta: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner F Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning Enclosed are responses and documentation requested in your letter dated June 14, 1994: Environmental Review Record -Enclosed is a letter to the U.S. Fish & Wildlife Service to re-verify no endangered species were in the project area. Accountability and Financial Management - We believe we have provided you with the requested information on disbursements; work will continue in this area to ensure complete accountability and eligibility of every expenditure, past and future. In regard to procurement, enclosed is a letter from Mayor Grant P. Kingsford certifying that bid solicitation summaries will be sent out for all administration and engineering services on future ICDBG projects. i ~bor Standards Coml? fiance -Enclosed are contractor certifications for Power Electric, Boise Paving, and Meridian Sanitary Service, as well as completed payroll signature authorization forms for Barton Construction, Power Electric and Boise Paving. We apologize for lack of notification of construction start and will mail all future notices in a timely manner. In regard to Meridian Sanitary Supply, enclosed is a letter from HUD verifying the company's non-inclusion on the debarred list. HUD further has requested only general contractors be verified prior to contract award. It is our understanding the General Contractor, through his representations and certifications, has pledged to all requirements for his subcontractors. Please let us know if this is not correct. .~. /'t Y To: Gary D. Smith From: Janice L. Gass Date: June 7th, 1994 RE: LID'S ---Glennfield Tile Downtown Phase, II I asked our auditor, Jo Bolen about the collection on these two LID's that have not been recorded. She had me call Matt with A.I.C. with the details on where we are with them. He researched it and got back to us. 1). We can not collect something that has not been created. (Ordinance- L.I.D.) 2). We can not collect from the new owners of the four properties that have sold, as the ordinance was not created yet. 3). The council needs to pass an ordinance on the two LID'S, bringing it up as old business. 4). Do not send billings out until ordinance has been recorded. 5). After an ordinance has been recorded, you could ~ to collect on the LID's on sold property, writing a letter to-the new owners. cc Grant P. Kingsford William G. Berg, Jr. Gary D. Smith MAY-18-94 WED 14 07 y ~' RECORD OF L.I.D. NO. ___._ ida Cods Ref .__..._ Council adopted Resolution of Intention 50-1707 Resolution of Intantion~uailed t0 property 50-1708 owners Resolution pubii$hed 54-1748 Protest Hearing Ratify Resolution of Intention '--~•paaa Ordinance creating L.I.D. No. ~-uthorise Fubiicstion Of 'Notice Of Bond Sal®" (mail copy to State auditor) Publish call for bids for construction Award contract for construction J-ssessment roil filed (after Mork oompieted) Publish NotiCS of Nearing of Objections to lssessment Roii Hearing of Objections Confirmation of Rssessment Roii 501709 50-1709 50-1710 57-215 50-2710 SO--1710 50-1712 5a-1713 50-1714 s0-1715 P. O1 huthorize Publication of Notice of Time, 'SO-171; . _, pines . ans1,.I~ai?r~r. ~-f Making Dash payment . ~AiiOw ~•3~] ~aY~ ,:for appeal period .4 ., ..; , ,,`~ -50-1718" "•~~ , .~ :-Last •.~day for .a-akinq •.oash .payment X30 days fray ~ 50-17i$T~' ~ ~ T ~ ~` con#irmation of assessment ~co11). l~1ot delinquent until ._.~.._ Date o!' Honda 50-1722 Pase Hond Ordinance 50-1722 Publish Bond Ordinance 50-901 50-1727 Sale of Honds (21 days after first pubil,cation) 5?;~215 L' V Cecil D. Andrus Governor James V. Hawkins Director A .• DEPARTMENT OF COMMERCE March 24, 1994 The Honorable Grant Kingsford Mayor, City of Meridian 33 East Idaho Meridian, ID 83642 RE: City of Meridian Downtown Revitalization Project ICDBG-9I -III-31-PF Dear Mayor Kingsford: 70o West State Street Joe R. Williams Building P.O. BOx 83720 Boise, ID 83720-0093 Phone (208) 334-2470 FAX (208) 334-2631 As a result of our telephone conversation March 21, followed by a meeting with Shari Stiles in our offices on March 22, we have determined• that the status of the downtown project is as follows: 1. We have received no official correspondence from the city concerning grant activities since May 15, 1993. 2. We requested a status report on the project on October 12, 1993. To date we have received no reply. As we have received no reply we have no way to determine if compliance itn the areas of labor standards, acquisition, financial management, citizen participation, civil rights, and 504 compliance have been met. In order to determine the status of the project, we have scheduled a monitoring trip to the city April 13 - 14. If the monitoring indicates non-compliance with any of the areas mentioned above. the city may have to reimburse to the department $64,342 in grant funds already spent on the project. If you have any questions please let me lmow. Sin rely ces, Administrator D of Community Development • KF:pm IDAHO /'~ T s~ o~ .~ Cecil D. Andrus Governor ~ ~ James V. Hawkins ~" - q4 Director ri * o~ ~ . r~ DEPARTMENT OF COMMERCE February 16, 1993 The Honorable Grant P. Kingsford Mayor, City of Meridian 33 East Idaho A~~enue Meridian, ID 83642 Re: Bid Proposal, City of Meridian, ICDBG-9I-III-31 Dear Mayor Kingsford: 700 west State Street Statehouse Mail Boise, ID 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 As stated under Item # 14, Bid Security, in the contract documents, all bidders were required to guarantee, not withdraw, their proposals within sixty (60) days of bid opening. It has been the department's policy to require forfeiture of the bid bond if a bidder fails to honor his bid proposal. Sincerely, ~~ ~ ~~ Ka Frances, Administrator Division of Community Development KF:pma cc: Wayne Forrey, The City Leaders Institute IDAHO _ Cecil D. Andrus Governor James V. Hawkins Director July 28, 1992 C+4~T SF,~ G~ ~ . '~ U~~~7'E ~} p414 DEPARTMENT OF COMMERCE The Honorable Grant P. Kingsford Mayor. City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Meridian Downtown Revitalization Project ICDBG-9I-III-31 Dear Mayor Kingsford: zoo west State Street Statehouse Mail Boise, ID 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 I have attached the environmental release for your City's downtown project. Please be aware that this releases funds for street reconstruction in the existing right of way. The construction of the parking lot is still subject to further environmental review and thus no block grant funds may be spent on this segment of the project at this time. If you have questions, please let me know. Sincere Q% l/ P t Mad eta Community Development Specialist PM:km Attachment cc: Wayne Forrey, City Leaders Institute IDAHO r- ~ r. a Celt o' A~dtus goo west state street GOVemor ~ Bolse. Idaho 837=0 lames V. Hawkins m ' Phtme !2081 334.470 Dlrecror .' ~o Telex 5106003708 IOCOMHCE FaX X208) 334-163! DEPARTMENT OF COMMERCE I1~AH0 COMMUNITY DEVELOPMENT BLOCK RANT Date: July 28, 1992 MEMORANDUM The Honorable Grant P. Kingsford Mayor, City of Meridiar. 33 E. Idaho Avenue Meridian, Idaho 83642 FROM: Deparmzent of Commerce . RE: Concurrence on Finding of Exemption A('j~lj'I'y; Street reconstruction within an existing right of way to include new curbs, gutters, sidewalks, brickpavers, landscaping and streetlights. AMOUNT: X400,000 On 7/21/92 this office received your Finding of Exemption. VVe have reviewed it and concur with the finding for the above•mentioned activities. This memo concurs that envi~ are in compliance. Special tion of curbs, gutters, The operty for~kin revie at. Authorizing fficer bnmental req Condition: sidewalks, lot ill 111rettleniS On Grant No. ICDBG-9I-III-31 This clearance only authorizes the construc- brickpavers, landscaping and streetlights. have to be cleared by another environmental ~/.~ ~/9~ Date James V. Hawkins. Director _ Typed Name and Title cc: Wayne Forrey, City Leaders Institute aw=8/Form-EnvironRelease.Exemptl5-89 AI-~O ~' Cecir D. Andrus Governor James V. Hawkins Director April 10, 1992 ~S SFgl ~-. H 0 '~ - 4 r~ ~q DEPARTMENT OF COMMERCE The Honorable Grant P. Kingsford Mayor of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: ICDBG-92-III-33 Dear Mayor Kingsford: 700 West State Street Statehouse Mail Boise, ID 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 Enclosed is an executed copy of the City's contract for the Idaho Community Development Block Grant (ICDBG) referred to above. Please retain in your project files. As soon as the environmental release is completed, construction can begin. If I be of assistance, please call me. Community Development Specialist PM:aw Enclosure cc: Wayne S. Forrey, AICP aw-HD/PM-Bur1ey91I V20SR.XConLtr IDAHO n r IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TITLE: ICDBG-9 I -III-33 CONTRACT NO.: CITY OF MERIDIAN This Contract is made and entered into between the Department of Commerce, State of Idaho. hereinafter called the DEPAIrI1VIENT, and the CITY OF MERIDIAN, hereinafter called the GRANTEE. Article I -Period of Performance The project work required to be completed hereunder shall be accomplished from the effective date of Aril 1. 1992, and shall continue up to and including project closeout, unless otherwise amended. Article II -Grant Amount and Paylnents The max[mum amount of Idaho Community Development Block Grant (ICDBG) assistance hereby awarded is 4 ( The GRANTEE hereby agrees to provide 31.253.238 in the form of local match (i.e.. local, state, or other federal contributions) for the purposes of completing this project. The GRANTEE shall adhere to the budget as outlined in Attachment A, unless otherwise amended. The GRAN TEE shall deposit all ICDBG funds for financing the project in a non-interest bearing account. The GRANTEE may periodically request payment up to 10096 of the value of work performed up to the total sum of the ICDBG grant assistance except for the budgeted audit line item and except for construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied with the request, the DEPARTMENT will pay the amount requested within 30 days of the receipt of the request. The GRANTEE shall certify that all work is complete as billed and shall be liable for any discrepancy in documentation. Payment for all construction contracts in excess of $2,000 shall be up to ninety-five percent (95°r6) of the total dollar amount of the construction contract as awarded and as shown in the budgeted line items in Attachment A Budget. The remaining flue percent (596) will be held by the DEPARTMENT pending the GRANTEE'S certification of final inspection and acceptance of work Additionally, the GRANTEE must determine whether or not all federal labor standards have been satisfied and all contract files are complete. This shall be verified upon the GRANTEE'S submittal of specific documents as determined by the DEPARTMENT or upon DEPARTMENT monitoring of the GRANTEE'S files. Requisition of the budgeted audit line item shall be submitted in conjunction with the audit report and shall be paid upon acceptance of the audit by the State Legislative Auditor's Office. The use of ICDBG funds for administrative costs is Iirnited to a maximum of 1096 of the total ICDBG funds awarded by this contract. Article III -Work Performance The project activities to be accomplished under the conditions of this contract are outlined in the Scope of Work, as described in Attachment B. Article IV -Financial and Progress Reports In the performance of this contract the GRANTEE shall keep books, records and accounts of all activities related to the provisions of this contract. On each interim request for funds that is ~ ~ submitted to the DEPARTMENT, the GRANTEE shall certify that the information is true and correct based upon the GRANTEE'S official accounting records. The GRANTEE shall also submit a final financial report which details costs incurred by line item as described in the project budget. 'This report shall be submitted upon completion of the project funded under this contract. The GRANTEE shall submit interim performance reports as specified in the Scope of Work, Attachment B. A detailed written final report with documentation of the activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the project. V- The DEPARTMENT may amend this contract on its own initiative or at the request of the GRANTEE to reflect changes in the scope of work, design or budget of the project. Such changes shall be mutually agreed upon. In no case shall the nature or purpose of the project be amended from what was generally described in the application and was the basis for selection of the project except as provided in the ICDBG Administrative Rules IDAPA 48.2.1. No changes in scope of work, costs or services shall be effective until approved in a written contract amendment signed by both parties. isle VI - Subcon The GRANTEE shall notify the DEPARTMENT and forward for approval all subcontracts under this contract. Upon a showing that the contract has complied with the prerequisites and requirements of the ICDBG program, the DEPARTMENT shall issue its approval to proceed with the subcontract. All contracts and subcontracts must comply with all applicable state and federal laws and regulations. Article VII_-Audit and Monitoring The GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-128 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. The GRANTEE shall provide annual audits through the last fiscal year in which grant funds are expended. The DEPARTMENT may monitor and make periodic inspections and evaluations of the project and all its books and records pertaining to the project. The GRANTEE shall make available the books and records to the DEPARTMENT during regular working hours. These books and records shall be maintained for at least three years following close-out of the project. Each GRANTEE that provides a portion of their Idaho Community Development Block Grant iri any fiscal year to a subrecipient such as a Coundl of Government (COG) or some other non- profit organization, shall require the subrecipient to meet the audit and monitoring requirements of Circular A-128 or Circular A-110. The GRANTEE shall be responsible for monitoring any subrecipient for compliance with all federal and state laws and regulations including the audit requirements. Representatives of the Secretary of HUD, the Inspector General. or the General Accounting Office shall have access to all books, accounts, reports, flies and other papers. things or property belonging to or in use pertaining to the administration of this grant and receipt of assistance. Article VIII -Termination The DEPARTMENT shall have the right to terminate this contract in whole or in part, at any time before the date of completion, whenever it is determined that the GRANTEE has failed to comply with the conditions of the contract. The DEPARTMENT shall promptly notify the /"~ /~ GRANTEE in writing of the determination and the reasons for the termination, together with the effective date. The DEPARTMENT may terminate this contract in whole or in part for the convenience of the DEPARTMENT when both parties agree that the continuation of the project would not produce results commensurate with further expenditure of funds. The two parties shall agree in writing upon termination conditions, an effective date and a fair and reasonable payment, as determined by the DEPARTMENT for all work completed. W The GRANTEE warrants that nothing of monetary value has been given, promised or implied as remuneration for entering into this contract. The GRANTEE further declares 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. Article X -Relationship of Contracting Parties The contracting parties warrant by their signature that no employer-employee relationship is established between the DEPAITMENT and the GRANTEE by the terms of this contract and further indemnifies the State of Idaho and the Department of Commerce and hold it harmless against any and all suits. actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the GRANTEE which may arise out of this agreement. Article XI -Conflict of Interest No official or employee of the GRANTEE or the DEPARTMENT shall have a~ direct or indirect financial interest in the project. Article XQ -Project Sign All grant recipients will, unless otherwise directed, erect a sign for all major construction projects identifying the project's funding source after notice to proceed is issued; location as directed. The sign shall be maintained in good condition and removed six (6) months after the project is completed. The project sign shall be constructed according to the following requirements (or to equal requirements): 4' x 8' of 3/4" exterior grade MDO plastic sealed plywood. framed with suitable metal edge moldings for prevention of delamination. Paint with three (3) coats of exterior trim or sign enamel. Also, employ sign painter approved by the GRANTEE to apply lettering, as directed, over the three coat finish. At least two (2) additional coats are required for the lettering work. Employ sign painter approved by the GRANTEE to letter names of the project, architect or consulting engineers, contractor and principal subcontractors. Secure sign to nominal 4" x 4" x 12' pressure treated wood posts set 4' - 0" into ground with concrete surrounding each post. In addition, the sign will give credit to the Department of Commerce and to the Governor for the funding. Article XtII -Federal Regulations and Assurances All conditions and assurances required of the DEPARTMENT by Title I of the Housing and Community Development Act of 1974, P.L. 93-383. as amended, are binding on the GRANTEE. The GRANTEE shall also comply with all terms and conditions of Federal Grant Number B-91- DC-16-0001 and all applicable federal laws and regulations including but not limited to: ,~'~ 24 CFR, part 570 Community Development Block Grants; 24 CFR. Part 58 Environmental Review Procedures for Title I Community Development Block Grant Programs• OMB Circulars A-87, A-102. A-122; and the Single Audit Act of 1984 and OMB Circular A-128, the Acquisition and Relocation Act, and Attachment C "Community Development Block Grant Assurances." Additionally, both parties shall adhere to statutes and regulations of the State of Idaho. APPROVED: STATE OF IDAHO Department of Commerce CITY OF MERIDIAN V. Haw . Director Z Date ~- G t Kingsford Mayor ~~~ Date For Internal Use of the Department ---------------------------------- Reviewed and Approved Kay ce CD Ad trator b L- Lisa Robbins Accountant Supervisor 3~~~~ az Date .3 /La ~5 t_ Date ~ ATTACE~VIFNI' A ^ BUDGET COIv9vIUNITY DEVELOPMENT PROJECT ICDBG-9I-III-31 Applicartt(orGrantee): City of Meridian ProjectNo.: East First Street Component PtUjeCt: Downtown Improvement. Pro iect - Idaho/Ijroadway Avenues Component - T'hase Two AMOUNTS: ITEMS: ICDBG Other dtninistrative Expenses* $34, 930 ~'~~ ~` '~ $34, 930 See Attached Notes ~~1 jest Planning Design* d, Structures, 'ghts of Way $180, o00 . ;~ ~ ~ $180, o00 See of es ;~2 wtectural/Engineering aSe Fees $19, 500 3~: ~~`°!a - $19, 500 oject Inspection Fees $10, 000 $10, 000 elocution Expenses elocution Payments to usinesses & Individuals ; 4= ; ~. - ~. .etnolidon and Removal $11, 800 = 1 ~ $11, 800 .`_'ee Attached Notes ~~:3 nstruction and jest Improvement $153, 770 aC.r(~,(~ ~`' 1, 242, 238 $1, 396, 008 See Attached Notes ~~4 uipmcnt Donated by City, mart udtt $1,000 $1,000 ~f c:i tv atulit oral Costs** $400, 000 1, 253, 238 $1, 653, 238 ~ t ~ '. ~ _ , .~ ~ . ~ .- Remarks: I'teasc~ r~~lc~r to attached note sheet which describes due ~t~roiectgcosts. • Administrative expenses & project platttting design costs when totaled shall trot exceed 1096 of the total ICDBG amount. •• Grantees alllowed to shift up to 1096 of toW ICDBG fttrtds between line items without requesting budget amendment. Thereforq there is no contingertry line item. n City of Meridian Downtown Redevelopment, Phase Two -ICDBG-9I-III-31 Descriptive Notes to Attachment A -Budget Form. Note # 1 -Administrative Expense = $34,930 ICDBG Administration = $24,700 Land Appraisal = $ 8,000 Legal Assistance = $ 2,030 File/Record Supplies = $ 200 Note #2 -Land Acquisition = $180,000 Priority One = Parcel A at $ 20,000 Priority Two = Parcel B at $ 45,000 Priority Three = Parcel C at 115 000 Total Priority 1, 2, & 3 = $180,000 Note #3 -Demolition and Removal = $11,800 Raze Building Parcel. A at $ 4,000 Raze Building Parcel C at $ 6,000 Remove Obstacles Parcel C at $ 1,800 Note #4 -Construction and Improvements = $153,770 Roadway and Sidewalk Improvements = $110,770 New Street Lights = $ 10,000 Parking Lot Improvements = $ 33,000 ATTACHMENT B SCOPE OF WORK City of Meridian Downtown Revitalization ICDBG-9I-III-33 I. Project Description The Meridian downtown redevelopment ICDBG project will completely rebuild approximately 12001ineal feet of street, curb. gutter, sidewalk and landscaping along three downtown blocks on Broadway and East Idaho Avenues. Blighted land parcels will be acquired and dilapidated buildings will be demolished. Anew community parking lot will be developed on the acquired land. Irregular and blighted land parcels will be acquired and converted to an attractive community asset. Land which is acquired and not used for downtown parking will be sold or leased for downtown commercial redevelopment. Program income will be handled in accordance with Idaho Department of Commerce (IDC) policy: In summary, this project will reconstruct downtown Meridian by eliminating blight buildings. developing community parking, constriction of new sidewalks, streets and landscaping, provide commercial redevelopment parcels, plus remove barriers to downtown growth. II. l~ject Schedule Grant Award November 1991 Administrative Contract Completed Engineering/Architectural Contract Completed/approved Environmental Review ~ November 1991 Environmental Release March 1992 Adoption/Publication of 504 Policy on Non-Discrimination March 1992 Establish 504 Review Committee March 1992 Bid Document Approval May 1, 1992 10 Day Wage Rate Update May 15, 1992 Bid e r d Ch Deba re eck May 25, 1992 Bid Award May 27, 1992 Pre-Construction Conference May 31, 1992 Start of Construction June 3, 1992 Acquisition Completed July 15. 1992 Civil Rights Report Completed June 18, 1992 2596 Complete June 20, 1992 5096 Complete J 10. 1992 Complete 504 Self Evaluation July 1992 Complete 504 Transition Plan, if needed August 1992 75°x6 Complete August 7, 1992 Construction Complete and Accepted August 28. 1992 Monitoring visit August 1992 Final Report September 25, 1992 Closeout September 30. 1992 Audit Mid August 1992 progress Report Schedule Progress Reports will be submitted to the Department of Commerce on an approved form with each Request for Funds. Approval of each Request for Funds will be based on the content of the Progress Report. If regular Requests for Funds are not submitted, Progress Reports will be due upon request of the Department of Co~nerce. /h III. Project Benefits Improvements made to the City of Meridian downtown redevelopment area by this project meet the national objective, per IDAPA 48.2.1, Section 1,3,2(b), of eliminating and preventing slum and blight and urban deterioration. and revitalizing the downtown commercial district. There are seven principal benefits: No. 1 -Blight Removal -The project will remove all of the blighted sidewalks, crumbled curbs and cracked asphalt throughout the downtown corridor. Three blight buildings are scheduled for acquisition and demolition. The acquired land will be developed into a small public plaza and an off street parking lot in the center of downtown. The entire downtown corridor will be tree lined to beautify Meridian. No. 2 -Downtown Business Enhancement -This project will provide on and off street parking, full sidewalks and attractive street trees to enhance commercial redevelopment. No. 3 -Business Improvement District -Creation of a Meridian BID for ongoing maintenance of the new facilities. No. 4 -Pedestrians -The benefits of this project include full width concrete sidewalks on both sides of downtown streets. The entire corridor and project area will be tree lined. No. 5 -Motorists -The downtown improvement project will provide left turn lanes at every crossing intersection for safety and convenience. A large community parking facility will be developed where three dilapidated buildings now stand. No. 6 -Funding Partnership -The ICDBG will pay for only 24~ti of total downtown reconstruction, and four other funding partners (City, LID, ACHD, IDOT) will provide 76'°i6 of the total cost. No. 7 -Maintenance Commitment -The Ada County Highway District has agreed to fully maintain each of the improved streets. The Meridian BID will provide funding maintenance. Special Conditions Eligible project costs incurred prior to the contract effective date will be reimbursed with the approval of the Department of Commerce. 1V. Administrative Requirements The City/County shall be responsible to complete all applicable administrative requirements. An Administrative Plan is required. This plan should include the delegation of each responsibility listed here. Any responsibility which is to be fulfilled by a contractor should be specifically listed in the contract. In addition to these requirements there may be additional requirements contained in the Grant Administration Manual published by the Department. The list here is not intended to be exhaustive, but is intended to be an outline of the major areas of administrative responsibility. A. An Administrative Plan shall be developed by the grantee outlining the chain of responsibilities and authority in executing the grant project. This plan shall detail the division of grant management activities to particular persons, offices, agencies or contractors. The plan must be approved by the Department. ~ /'\ B. Environmental Review: 1. Establish an Environmental Review Record file. 2. Complete an Environmental Assessment. 3. Make Environmental finding. 4. Publish the appropriate Finding and Request for Funds (ROF). 5. Submit ROF. with Assessment, State Historic Preservation Office letter to Department for review and approval. C. Construction Administration: 1. Establish Labor Standards Compliance file and assign responsibility. 2. Request current Davis-Bacon wage rates before advertising for bids. 3. Submit bid documents to Department for review and approval, 30 days prior to bid advertisement. 4. Update wage rates 10 days prior to bid opening. 5. Check contractor eligibility with Department before awarding contract (Federal Debarred List). 6. Document subcontractor eligibility and Davis-Bacon certifications. 7. Submit executed contract documents to Department for review and approval. 8. Hold preconstruction conference with contractor especially to discuss labor standards requirements and other grant requirements. Submit signed minutes to the Department. 9. Collect, review and verify all payrolls. 10. Conduct worker interviews and verify against payrolls. (Complete at a minimum two interviews per contractor for every thirty days on a project.) 11. Report all payroll discrepancies to the Department. D. Civll Rights Compliance: 1. Establish a file containing the grantee's A$irmattve Action Plan. Community Profile. grantee work force composition, or other documents and statistics which demonstrate the grantee's efforts to benefit the local minority population as well as other nondiscriminatory policies and practices. 2. File signed Section 3 Clause and other Contractor Certifications. 3. Comply with grantee Section 3 Plan and maintain documentation. 4. Submit MBE/WBE Solicitation Summaries for all solicitations for services, supplies, or construction bids. /'~ /'~ 5. Implement. at a minimum, the required Fair Housing activities. 6. Implement, at a minimum, Section 504 requirements: adopt and publish Section 504 Policy on Nondiscrimination; adopt grievance procedures if required; complete self evaluation; and complete transition plan if needed. E. Accounting Requirements: 1. Maintain a General Ledger for the ICDBG grant funds. It must show expenditures by budget categories and also by other funding sources. 2. Maintain cash receipts and cash disbursements journals. 3. Maintain source documentation and file documents by Departrnent of Commerce Request for Funds form. 4. Accounting and Allowable Costs must be in accordance with OMB Circulars A-102 and A-87 plus TYeasury Circular 1075. F. Audits: 1. Audit services shall be secured in accordance with OMB Circular A 102, Attachment O. 2. Audit shall be conducted according to OMB CircularA-128 and the Single Audit Act of 1984. 3. Audit shall be submitted to the Legislative Auditor's Office for review and approval within 30 days of the audit's completion 4. ICDBG audit costs shall be allocated by the percentage of ICDBG expenditures iri each fiscal year audit. G. Reporting: 1. The grantee shall submit progress reports to the Department with each drawdown, or as required by the Department. 2. The grantee shall report in writing to the Department any major compliance, performance problems. management problems, all construction commencement and completion, loan closings, defaults, etc. 3. The grantee shall submit all contract amendments, change orders, and an amendments to the Department prior to executing them. /'\ ATTACHMENT C Community Development Block Grant Assurances 1. 1~_iondiscrimination 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 transier, 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 Civll 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 the 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 participating 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 the prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 U.S.C 6101 et seq.), and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended. 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts 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 wages and the ratio of apprentices and trainees to journeymen: Provided, that if 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 iri 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 extent feasible, opportunities for training and employment be given to lower-income persons residing within the unit of local gwennment or the metropolitan area or nonmetmpolitan 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 nonmetropolltan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 7. I~ad Based Paint Ha?asdc The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to HUD Lead-Based Pain 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 and certifications required under section 35.140 thereof. 8. Conflict of Interest of M mb rs Offic rs or Employees of CrantPP Members of Inral Governing Body, or Other Publi Offi ials~ 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 exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter. shall have any interest, direct or indirect, in 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 arty 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 In ct of rtain F d rat Offi ials No member of or Delegate to the Congress of the United States. and no Resident Commissioner, shall be admitted to arty share or part of this Agreement or to any benefit to arise from the same. 11. Historic Preservation Act of 1 66 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. RPauirements for Unit of n ral l Govennm nt A Certifications TYtle 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 to the State. The certifying official must have suflicient authority to make such 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 CDBG 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 CDBG-funded public improvements from low and moderate income owner occupants. 5. it will abide by all State and Federal rules and regulations related to the implementation and management of Federal grants. ~ . ~ . _ ._ ~ 1... _ ... _. o ~ ~- _Q._ .. . ,,.~ I ~ ~ ~~~ d ~,~ ~U ~~ ~~ ~. J F Map Legend Idaho And Broadway Ave. ~ Street Improvements Are Shown In Dot Pattern ~- Land Parcels Are Identified By Meridian Townsite Block 5, Parcels A; B; C; D; E; and F. ~T1"~~~T II . __ . I /`~ CITY EXCESSIVE FORCE POLICY RESOLUTION NO. # 144 A RESOLUTION OF THE CITY COUNCIL OF Meridian ,IDAHO. ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS the Congress of the United States has passed the Armstrong/Walker "Excessive Force" Amendment (P.L.101-144 section 519) prohibiting the use of excessive force by a local law enforcement agency against any individuals engaged in nonviolent civll rights demonstrations within its jurisdiction; AND WHEREAS the City of Meridian has received a Community Development Block Grant and is required to comply with the Armstrong/Walker "excessive force" Amendment; AND WHEREAS the use of excessive force against demonstrators may cause the CITY to lose its grant or eligibility for future federal grants: NOW THEREFORE, BE rT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY (g Meridian ,g~~ SECTION 1. It is the POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and non-violent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures. PASSID BY THE CITY COUNCQ. , CiIY OF Meridian , CIO, Si~1~ Il°~~~~ ~Q ~- aw-14/CityExcessiveForcePolicy CERTII~'ICATION REGARDIIITG LOBBYIIITG The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, 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 contract, 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 or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants 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 section 1352, title 31, U.S. Code. Any person who fails to IIle the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signat e Grant P. Kingsford Typed Name ~/i,~~~ Date Mayor Title Server/Forms/Anti-Lobbying Certification RESOLUTION NO. 144 CITY EXCESSIVE FORCE POLICY A RESOLUTION OF THE CITY COUNCIL OF MERIDIAN, IDAHO, ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NDN-VIOLENT CIVIL RIGHTS DEMONSTRATORS. WHEREAS, the Congress of the united States has passed the Armstrong/Walker "Excessive Force" Amendment (P. L. 101-144 section 519) prohibiting the use of excessive force by a local law enforcement agency against any individuals engaged in nonviolent civil rights demonstrations within its jurisdiction; AND WHEREAS, the City of Meridian has received a Community Development Block Grant and is required to comply with the Armstrong/Walker "excessive force" Amendment; AND WHEREAS, the use of excessive force against demonstrators may cause the CITY to lose its grant or eligibility for future federal grants; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. It is the POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and non-violent civil rights demonstrations within the City boundaries. Section 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures. PASSED BY THE CITY COUNCIL, CITY OF MERIDIAN, IDAHO. SIGNED BY: TITLE: wit ~!'~ DATE : ~~ ~ r ~ ~ ~Z~ )~ % ATTEST : ~?~~a Cecil D. Andrus Governor James v. Hawkins Director March 20, 1992 N Q '!d ~ ~ 4~ DEPARTMENT OF COMMERCE The Honorable Grant P. Kingsford Mayor, City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 RE: City of Meridian Downtown Project, ICDBG-9I-III-31 Dear Mayor Kingsford: 700 west State Street Statehouse Mail Boise, ID 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 Enclosed are two copies of the contract between the City and the Department for your downtown revitalization project. Please sign both copies and return them to me. Once the contract is executed by Jim Hawkins, a copy will be sent to you for your records. Also enclosed are an anti-lobbying certification and an excessive force resolution, both of which will need to be adopted by the City. Once these are adopted, please forward a copy for my files. In addition, the engineering and grant administration contracts for the project have been reviewed and approved. As soon as the contract is executed, your first payment request will be processed. If you have any questions, please give me a call. S' ely, P t Madarieta Community Development Specialist PM: aw Enclosures cc: Wayne Forrey, The City Leaders Institute IDAHO ~~ , /'~ IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TITLE: ICDBG-9 I -III-33 CONTRACT NO.: CITY OF MERIDLAN This Contract is made and entered into between the Department of Commerce, State of Idaho. hereinafter called the DEPARTMENT, and the CITY OF MERIDIAN, hereinafter called the GRANTEE, TERMS ANn CONDITIONS Arrticle I - P .rinri of vp,f„ an P The project work required to be completed hereunder shall be accomplished from the effective date of Anrll 1. 1 2, and shall continue up to and including n~jec t ou , unless othen~vise amended. Article II - G nt Amount and Pa~~n .ntg The maximum amount of Idaho Community Development Block Grant (ICDBG) assistance hereby awarded is 4$ OO.QQQ, The GRANTEE hereby agrees to pmvtde $1.25.3.2 in the form of local match (i.e., local, state. or other federal contributions) for the purposes of completing this project. The GRAN'T'EE shall adhere to the budget as outlined in Attachment A, unless otherwise amended. The GRANTEE shall deposit all ICDBG funds for financing the project in a non-interest bearing account. The GRANTEE may periodically request payment up to 100°x6 of the value of work performed up to the total sum of the ICDBG grant assistance except for the budgeted audit line item and except for construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied with the request. the DEPARTMENT will pay the amount requested within 30 days of the receipt of the request. The GRANTEE shall certify that all work is complete as billed and shall be liable for any discrepancy in documentation. Payment for all construction contracts in excess of $2,000 shall be up to ninety-five percent (95%) of the total dollar amount of the construction contract as awarded and as shown in the budgeted line items in Attachment A Budget. The remaining flue percent (596) will be held by the DEPARTMENT pending the GRANT'EE'S certification of final inspection and acceptance of work. Additionally, the GRANTEE must determine whether or not all federal labor standards have been satisfied and all contract files are complete. This shall be verified upon the GRAN'TEE'S submittal of specific documents as determined by the DEPARTMENT or upon DEPARTMENT monitoring of the GRANTEE'S files. Requisition of the budgeted audit line item shall be submitted in conjunction with the audit report and shall be paid upon acceptance of the audit by the State Legislative Auditor's Office. The use of ICDBG funds for administrative costs is limited to a maximum of 10% of the total ICDBG funds awarded by this contract. Article III - Work P rforman P The project activities to be accomplished under the conditions of this contract are outlined in the Scope of Work. as described in Attachment B. Article N -Financial and Progre5~ R nor S In the performance of this contract the GRANTEE shall keep books. records and accounts of all activities related to the provisions of this contract. On each interim request for funds that is l'1 submitted to the DEPARTMENT, the GRANTEE shall certify that the information is true and correct based upon the GRANTEE'S official accounting records. The GRANTEE shall also submit a final financial report which details costs incurred by line item as described in the project budget. This report shall be submitted upon completion of the project funded under this contract. The GRANTEE shall submit interim performance reports as specified in the Scope of Work, Attachment B. A detailed written final report with documentation of the activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the project. Article V - mPnrimPnt~ The DEPARTMENT may amend this contract on its own initiative or at the request of the GRANTEE to reflect changes in the scope of work, design or budget of the project. Such changes shall be mutually agreed upon. In no case shall the nature or purpose of the project be amended from what was generally described in the application and was the basis for selection of the project except as provided in the ICDBG Administrative Rules IDAPA 48.2.1. No changes in scope of work, costs or services shall be effective until approved in a written contract amendment signed by both parties. Article VI -Sub on ra _tc The GRANTEE shall notify the DEPARTMENT and forward for approval all subcontracts under this contract. Upon a showing that the contract has complied with the prerequisites and requirements of the ICDBG program, the DEPARTMENT shall issue its approval to proceed with the subcontract. All contracts and subcontracts must comply with all applicable state and federal laws and regulations. Article VII -Audi and Moni orir3g The GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-128 and the Single Audit Act of 1984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. The GRANTEE shall provide annual audits through the last fiscal year in which grant funds are expended. The DEPARTMENT may monitor and make periodic inspections and evaluations of the project and all its books and records pertaining to the project. The GRANTEE shall make available the books and records to the DEPARTMENT during regular working hours. These books and records shall be maintained for at least three years following close-out of the project. Each GRANTEE that provides a portion of their Idaho Community Development Block Grant in any fiscal year to a subrecipient such as a Council of Government (COG) or some other non- profit organization, shall require the subrecipient to meet the audit and monitoring requirements of Circular A-128 or Circular A-110. The GRANTEE shall be responsible for monitoring any subrecipient for compliance with all federal and state laws and regulations including the audit requirements. Representatives of the Secretary of HUD, the Inspector General. or the General Accounting Office shall have access to all books, accounts, reports, files and other papers, things or property belonging to or in use pertaining to the administration of this grant and receipt of assistance. Article VIII - T rmina inn The DEPARTMENT shall have the right to terminate this contract in whole or in part, at any time before the date of completion, whenever it is determined that the GRANTEE has failed to comply with the conditions of the contract. The DEPARTMENT shall promptly notify the ' ~ GRANTEE in writing of the determination and the reasons for the termination, together with the effective date. The DEPARTMENT may terminate this contract in whole or in part for the convenience of the DEPARTMENT when both parties agree that the continuation of the project would not produce results commensurate with further expenditure of funds. The two parties shall agree in writing upon termination conditions, an effective date and a fair and reasonable payment. as determined by the DEPARTMENT for all work completed. The GRANTEE warrants that nothing of monetary value has been given, promised or implied as remuneration for entering into this contract. The GRANTEE further declares 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. Article X - R .latinnS ip of Con ra~tin~ pa iPs The contracting parties warrant by their signature that no employer-employee relationship is established between the DEPARTMENT and the GRANTEE by the terms of this contract and further indemnifies the State of Idaho and the Department of Commerce and hold it harmless against any and all suits. actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees. that may be incurred by reason of any act or omission, neglect or misconduct of the GRANTEE which may arise out of this agreement. Article XI -Conflict of Interest No official or employee of the GRANTEE or the DEPARTMENT shall have any direct or indirect financial interest in the project. Article XII - Proj ct Si n All grant recipients will, unless otherwise directed. erect a sign for all major construction projects identifying the project's funding source after notice to proceed is issued: location as directed. The sign shall be maintained in good condition and removed six (6) months after the project is completed. The project sign shall be constructed according to the following requirements (or to equal requirements): 4' x 8' of 3/4" exterior grade MDO plastic sealed plywood, framed with suitable metal edge moldings for prevention of delamination. Paint with three (3) coats of exterior trim or sign enamel. Also. employ sign painter approved by the GRANTEE to apply lettering, as directed. over the three coat finish. At least two (2) additional coats are required for the lettering work. Employ sign painter approved by the GRANTEE to letter names of the project, architect or consulting engineers, contractor and principal subcontractors. Secure sign to nominal 4" x 4" x 12' pressure treated wood posts set 4' - 0" into ground with concrete surrounding each post. In addition, the sign will give credit to the Department of Commerce and to the Governor for the funding. Article XIII -Fed .rat uPgulations ar~d s uran PS All conditions and assurances required of the DEPARTMENT by Title I of the Housing and Community Development Act of 1974, P.L. 93-383. as amended. are binding on the GRANTEE. The GRANTEE shall also comply with all terms and conditions of Federal Grant Number B-91- DC-16-0001 and all applicable federal laws and regulations including but not limited to: /'t 24 CFR, part 570 Community Development Block Grants; 24 CFR, Part 58 Environmental Review Procedures for Title I Community Development Block Grant Circulars A-87, A-102, A-122; and the Single Audit Act of 1984 and ONirc~ularlA~-1-128, the Acquisition and Relocation Act. and Attachment C "Community Development Block Grant Assurances" Additionally, both parties shall adhere to statutes and regulations of the State of Idaho. APPROVED: STATE OF IDAHO Department of Commerce CTIY OF MERIDIAN i V. Hawkin Director y/x/92 Date '~-' G t Kingsford Mayor ~~i~ -~ Date ~' ______ For Internal Use of the Department ---------- Reviewed and Approved Kay F ce CD Ad strator . _~ a b L_ Lisa Robbins Accountant Supervisor 3~2~~ Qz Date -~ I Le ~5 t_ Date ATTAC~~IVT A BUDGET COIV~ViUN1'I'y DEVELOPMENT PROJECT Applicant (or Grantee): r.ity of Meridian ICDBG-9I-III-31 Project No.: Project: llowntown Lu rovement Pro'ect - Idaho i~ro dwareAvenue oComtonent - T'hase Two AMOUNTS: ~~~ ICDBG O~Q dministrative Expenses* $34, 930 See Attached Notes ~~1 $34, 930 jest Planning Design* and, Structures, 'ghts of Way $lso, o00 $iso o00 See ~ nt e ~ ~ , hi tectural/En gineerirt g ase Fees $19,500 ~ $1),500 oject Inspection Fees $10, 000 $10, 000 elocation Expenses elocation Payments to usinesses & Individuals molition and Removal $11, 800 $11 800 See At tachecl Notes a~ 3 , nstruction d an sect Improvement $153, 770 1, 242, 238 $1 39G 008 See Attached Notes ~~4 , , tupment Donated Ly City, ~>art ~dtt cal (.itv anrli.t $1,000 $1,000 oral Costs** $400, 000 1, 253,L38 $1, G53, 238 Remarks: i~te,~5c~ r.c~rrr to attached note sheet which describes clue nro'ect costs. • Administrative expenses & pro)ect planning design costs what totaled shall not exceed lOcJfo of the total ICDBG amount. •• Grantees allowed to shift up to 1096 of toW ICDBG funds between line irons without requesting budget amendment Therefore. there is no contingency line hart. ~ ~ City of Meridian Downtown Redevelopment, Phase Two -ICDBG-9I-III-31 Descriptive Notes to Attachment A -Budget Form. Note # 1 -Administrative Expense = $34,930 ICDBG Administration = $24,700 Land Appraisal = $ 8,000 Legal Assistance = $ 2 030 File/Record Supplies = $ X200 Note #2 -Land Acquisition = $180,000 Priority One = Parcel A at $ 20,000 Priority Two = Parcel B at $ 45,000 Priority Three = Parcel C at 11 000 Total Priority 1, 2, & 3 = $180,000 Note #3 -Demolition and Removal = $11,800 Raze Building Parcel A at $ 4,000 Raze Building Parcel C at $ 6,000 Remove Obstacles Parcel C at $ 1,800 Note #4 -Construction and Improvements = $153,770 Roadway and Sidewalk Improvements = $110,77() New Street Lights = $ 10,000 Parking Lot Improvements = $ 33,000 ATTACHMENT B SCOPE OF WORK City of Meridian Downtown Revitalization ICDBG-9I-III-33 I• l~ject Dgv.,~,y~ ion The Meridian downtown redevelopment ICDBG project wlll completely rebuild approximately 120011nea1 feet of street, curb, gutter, sidewalk and landscaping along three downtown blocks on Broadway and East Idaho Avenues. Blighted land parcels will be acquired and dilapidated buildings will be demolished. Anew community parking lot will be developed on the acquired land. Irregular and blighted land parcels will be acquired and converted to an attractive community asset. Land which is acquired and not used for downtown parking will be sold or leased for downtown commercial redevelopment. Program income wlll be handled in accordance with Idaho Department of Commerce (IDC) policy. In summary, this project will reconstruct downtown Meridian by eliminating blight buildings. developing community parking, constriction of new sidewalks, streets and landscaping, provide commercial redevelopment parcels, plus remove barriers to downtown growth. II. Project Schedule Grant Award Administrative Contract November 1991 Engineering/Architectural Contract Completed Completed/approved Environmental Review November 1991 Environmental Release March 1992 Adoption/Publication of 504 Policy on Non-Discrimination March 1992 Establish 504 Review Committee March 1992 Bid Document Approval May 1, 1992 10 Day Wage Rate Update May 15. 1992 Bid Opening Debarred Check May 20. 1992 Bid Award May 25. 1992 Pre-Construction Conference May 27, 1992 May 31, 1992 Start of Construction June 3, 1992 Acquisition Completed July 15. 1992 Civil Rights Report Completed June 18 1992 2596 Complete 50°x6 Complete . June 20. 1992 Complete 504 Self Evaluation July 10, 1992 July 1992 Complete 504 Transition Plan, if needed August 1992 75°x6 Complete August 7, 1992 Construction Complete and Accepted August 28, 1992 Monitoring Visit August 1992 Final Report September 25, 1992 Closeout September 30 1992 Audit . Mid August 1992 Pro~re~. R Wort Srh dui Progress Reports will be submitted to the Department of Commerce on an approved form with each Request for Funds. Approval of each Request for Funds will be based on the content of the Progress Report. If regular Requests for Funds are not submitted, Progress Reports will be due upon request of the Department of Commerce. ,r'r III. Project Benefits Improvements made to the City of Meridian downtown redevelopment area by this project meet the national objective, per IDAPA 48.2.1, Section 1,3.2(b). of eliminating and preventing slum and blight and urban deterioration, and revitalizing the downtown commercial district. There are seven principal benefits: No. 1 -Blight Removal -The project will remove all of the blighted sidewalks, crumbled curbs and cracked asphalt throughout the downtown corridor. Three blight buildings are scheduled for acquisition and demolition. The acquired land will be developed into a small public plaza and an off street parking lot in the center of downtown. The entire downtown corridor will be tree lined to beautify Meridian, No. 2 -Downtown Business Enhancement -This project will provide on and off street parking. full sidewalks and attractive street trees to enhance commercial redevelopment. No. 3 -Business Improvement District -Creation of a Meridian BID for ongoing maintenance of the new facilities. No. 4 -Pedestrians -The benefits of this project include full width concrete sidewalks on both sides of downtown streets. The entire corridor and project area will be tree lined. No. 5 -Motorists -The downtown improvement project will provide left turn lanes at every crossing intersection for safety and convenience. A large community parking facility will be developed where three dllapidated buildings now stand. No. 6 -Funding Partnership -The ICDBG will pay for only 2496 of total downtown reconstruction, and four other funding partners (City. LID, ACRD, IDOT) will provide 76°x6 of the total cost. No. 7 -Maintenance Commitment -The Ada County Highway District has agreed to fully maintain each of the improved streets. The Meridian BID will provide funding maintenance. Special Conditions Eligible project costs incurred prior to the contract effective date will be reimbursed with the approval of the Department of Commerce. N. Administrative Requirements The City/County shall be responsible to complete all applicable administrative requirements. An Administrative Plan is required. This plan should include the delegation of each responsibility listed here. Any responsibility which is to be fulfilled by a contractor should be specifically listed in the contract. In addition to these requirements there may be additional requirements contained in the Grant Administration Manual published by the Department. The list here is not intended to be exhaustive, but is intended to be an outline of the major areas of administrative responsibility. A. An Administrative Plan shall be developed by the grantee outlining the chain of responsibilities and authority in executing the grant project. This plan shall detail the division of grant management activities to particular persons. offices. agencies or contractors. The plan must be approved by the Department. ~ ~„~ B. Environmental Review: 1. Establish an Environmental Review Record file, 2. Complete an Environmental Assessment. 3. Make Environmental finding. 4. Publish the appropriate Finding and Request for Funds (ROF). 5. Submit ROF, with Assessment. State Historic Preservation Office letter to Department for review and approval. C. Construction Administration: 1. Establish Labor Standards Compliance file and assign responsibility. 2. Request current Davis-Bacon wage rates before advertising for bids. 3. Submit bid documents to Department for review and approval, 30 days prior to bid advertisement. 4. Update wage rates 10 days prior to bid opening. 5. Check contractor eligibility with Department before awarding contract (Federal Debarred List). 6. Document subcontractor eligibility and Davis-Bacon certifications. 7. Submit executed contract documents to Department for review and approval. 8. Hold preconstruction conference with contractor especially to discuss labor standards requirements and other grant requirements. Submit signed minutes to the Department. 9. Collect, review and verify all payrolls. 10. Conduct worker interviews and verify against payrolls. (Complete at a minimum two interviews per contractor for every thirty days on a project.) 11. Report all payroll discrepancies to the Department. D. Civil Rights Compliance: 1. Establish a file containing the grantee's Affirmative Action Plan. Community Profile. grantee work force composition, or other documents and statistics which demonstrate the grantee's efforts to benefit the local minority population as well as other nondiscriminatory policies and practices. 2. File signed Section 3 Clause and other Contractor Certifications. 3. Comply with grantee Section 3 Plan and maintain documentation. 4. Submit MBE/WBE Solicitation Summaries for all solicitations for services, supplies, or construction bids. 5. Implement, at a minimum, the required Fair Housing activities. 6. Implement. at a minimum. Section 504 requirements: adopt and publish Section 504 Policy on Nondiscrimination; adopt grievance procedures if required; complete self evaluation; and complete transition plan if needed. E. Accounting Requirements: 1. Maintain a General Ledger for the ICDBG grant funds. It must show expenditures by budget categories and also by other funding sources, 2. Maintain cash receipts and cash disbursements journals. 3. Maintain source documentation and file documents by Department of Commerce Request for Funds form. 4. Accounting and Allowable Costs must be in accordance with OMB Circulars A-102 and A-87 plus Treasury Circular 1075. F. Audits: 1. Audit services shall be secured in accordance wtth OMB Circular A-102. Attachment O. 2. Audit shall be conducted according to OMB Circular A 128 and the Single Audit Act of 1984. 3. Audit shall be submitted to the Legislative Auditor's O1Hce for review and approval within 30 days of the audit's completion 4. ICDBG audit costs shall be allocated by the percentage of ICDBG expenditures in each fiscal year audit. G. Reporting: 1. The grantee shall submit progress reports to the Department wtth each drawdown, or as required by the Department. 2. The grantee shall report in writing to the Department any major compliance. performance problems. management problems. all construction commencement and completion, loan closings. defaults. etc. 3. The grantee shall submit all contract amendments. change orders, and an amendments to the Department prior to executing them. ATTACHMENT C ,~ Community Development Block Grant Assurances 1. Non i~rLminatl0ri nd r Ti I VI of hP (`ivil rtightQ er.t ..t' ~ oc~ Thins 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 i. 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. sea 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. agrces 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 the 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 participating 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 the prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 U.S.C 6101 et seq.), and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). as amended. 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution. completion or repair of any bullding 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 wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higk~er 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 arty 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 is 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. S ~pn 4 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 extent feasible. opportunities for training and employment be given to lower-income persons residing within the unit of local government or the metropolitan area or nonmetropolitan 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 nonmetropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 7. Lead Based P tnt H zards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to HUD Lead-Based Pain 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 and certifications required under section 35.140 thereof. 8. Conflict of Interest of Memb rs Offic rs or mn~vePS of C`rantPr+ l~r.+n,l~ r * ~ Governing Bode. or O her publi Offi .tais~ s.~ No member, ofllcer, 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 exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect. in 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 A~ is nst P~yrnents or Commissinnc 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. COnfl_ict of Interest of Prtat F c1Pra1 c)mrtalc 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 PreQerva ion A t of 1 66 Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq.). 12. Addition 1 gran s 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. Reauirements for Uni s of t^,PnPral i Nal f` p rnmPnt A Certificate ns 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 to the State. The certifying official must have sufficient authority to make such 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 CDBG 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 CDBG-funded public improvements from low and moderate income owner occupants. 5. it will abide by all State and Federal rules and regulations related to the implementation and management of Federal grants. _ w:-- I ~ --- --.; - - ~~,~-r-- _ _ ~ ,, ~~Gt ~..1-rte ~`-r~t~..~-~- ~,~ ~-. 5 .Q ~~ 3 ~ ~../ + -. _ ~ 1 .', _ ... ,~~ ,' ~~ ,mot ~~:~ DI ,b, t~l ~~ z~-r ~3~ ~} ~- ~.. _ _.a 5~ f T i ~6. ~ .-- T. I ~ t Map Legend Idaho And Broadway Ave. ~ Street Improvements Are Shown In Dot Pattern ~; Land Parcels Are Identified By Meridian Townsite Block S, Parcels A; B; C; D; E; and F. l'~ s`~ CITY EXCESSIVE FORCE POLICY RESOLUTION NO. # 144 A RESOLUTION OF THE CITY COUNCIL OF Meridian .IDAHO. ADOPTING A POLICY PROHIBITING THE USE OF EXCESSIVE FORCE AGAINST NON-VIOLENT CML RIGHTS DEMONSTRATORS. WHEREAS the Congress of the United States has passed the Armstrong/Walker "Excessive Force" Amendment (P.L.101-144 section 519) prohibiting the use of excessive force by a local law enforcement agency against any individuals engaged in nonviolent civil rights demonstrations within its jurisdiction; AND WHEREAS the City of Meridian has received a Community Development Block Grant and is required to comply with the Annstrong/Walker "excessive force" Amendment; AND WHEREAS the use of excessive force against demonstrators may cause the CITY to lose its grant or eligibility for future federal grants; NOW THEREFORE, BE 1T RESOLVED BY THE MAYOR AND COUNCII. OF THE CTIY ~ Meridian ~~ SECTION 1. It is the POLICY of the CITY that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and non-violent civil rights demonstrations within the City boundaries. SECTION 2. The City Council directs the Police Chief to implement this Resolution by amending applicable police department procedures. PASSED BY THE CIIY COUNCII, . CtIY OF rMeridian .)gyp St~~D +2~c:~ n~ .~~ /Q~ aw-14/CityExcessiveForcePolicy n CERTII~`ICATION REGARDING LOBBYIIITG The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, 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 contract, 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 or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative ,agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be sub,)ect to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. Signat e ~~~~~~ Date Grant P. Kinasford Typed Name Mayor Title Server/Forms/Anti-Lobbying Certification CERTII~'IGATION REGARDIIITG LOBBYIIITG The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, 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 contract, 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 or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civll penalty of not less than $10,000 and not more than $100.000 for each such failure. S. ~ Signature ~ lQ o ate Wavne S. Forrev Typed Name Executive Director Title Server/Forms/Anti-Lobbying Certification Cecil D. Andrus Governor James v. Hawkins Director February 26, 1992 /~~ ~ o ~. ~ 4~ ~'~Tg ~ 4 ~ DEPARTMENT OF COMMERCE The Honorable Grant P. Kingsford Mayor, City of Meridian 33 E. Idaho Meridian, Idaho 83642 ~(v - ~e-~ 70o west State Street Statehouse Mail Boise, [D 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 RE: Administrative Plan -City of Meridian Downte:vn Revitalization Project Dear Mayor Kingsford: The administrative plan the City submitted for its downtown revitalization project has been reviewed and approved. We look forward to completing the grant contract between the Department and the City in the near future. Sincerely, ;' a arieta Community Development Specialist PM: aw cc: Wayne Forrey, The City Leaders Institute IDAHO Cecil D. Andrus Governor James V. Hawkins Director i~ ~4~AT s~ O~ ~ -o ~. ~ 4~ ~~r$~ o~ti DEPARTMENT OF COMMERCE January 7, 1992 The Honorable Grant P. Kingsford Mayor, City of Meridian 33 East Idaho Meridian, ID .83642 Re: City of Meridian Downtown Project, ICDBG-9I-III-31 Dear Mayor Kingsford: 700 west State Street Statehouse Mail Boise, ID 83720-2700 Phone (208) 334-2470 FAX (208) 334-2631 This letter is to inform you that as of this date we have not received a scope of work, project schedule, or budget for your downtown revitalization project. As we are mandated by Federal regulations that all funds awarded must be under contractual obligation within a specified time, we must insist that we receive this information by February 1, 1992. Failure to meet this deadline could jeopardize the funding of the project. If you have any questions, please contact Mr. Pat Madarieta of my staff. Sincerely, ~--~-- ices, Administrator of Community Development KF:aw IDAHO