Subrecipient Agreement with Meridian Development Corp for CDBG Funds (2)SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND MERIDIAN DEVELOPMENT CORPORATION
FOR PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is entered into this _ day of _~ss~, 2012 by and between the
City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City")
and the Meridian Development Corporation, an urban renewal agency as established under
Chapter 20, "1"isle 50, Idaho Code ("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for and received
fiands from the United States Govermnent under Title I of the Housing and Community
Development Act of 1974, Public Law 93-383, i. e. Community Development Brock Grant
("CDBG") funds; and
WHEREAS, Subrecipient is the urban renewal agency for the City, chaxged with
increasing the economic vitality within the urban renewal area boundary and creating
opportunities to live, work., and play in Downtown; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the
investment of CDBG funds from Program Year 2011 (PY11);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the
Parties agree as follows:
I. SCOPE OF SERVICE
A. Activities. Subrecipient shall use City's PY11 CDBG funds in the amount of forty
thousand dollars ($40,000) to eliminate and prevent the spread of slum and blight in the
designated Urban Renewal Area in accordance with the Meridian Revitalization Plan by
completing at least one facade improvement project. In accordance with the MDC's
Downtown Facade Improvement Program, an interested property owner(s) or business
applicant shall make application to the MDC for use of these grant funds. The grant
funds can be used for the following items:
1. Architectural and engineering services;
2. Historical research and documentation;
3. Permit fees; and
4. Construction costs to repair and restore the building(s).
B. National Objective. Subrecipient certifies that the activities carried out City's PY11
CDBG funds provided by City under this Agreement will meet one or more of the CDBG
program's National Objectives as defined in 24 CI'R § 570.208. Specifically,
Subrecipient's activities under this agreement shall aid in the prevention or elimination of
PY11 SUBRECIYIEN'1'AGREEMENT-MDCTA~ADE [i~IPROVEMENTPROGRt1M PAGE 1 OF lf)
slums or blight on an area basis (24 CFR § 570.208(b) (1)}.
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve
one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall
be defined as ane completed facade improvement project within the Urban Renewal
Area.
2. Performance measures. This project will provide grant funds for the purpose
completing a facade improvement project fio address the conditions which contributed
to the deterioration of the Urban Renewal Area as identified in URA Eligibility
Report (adopted by Resolution of the Meridian City Council, 02-385) and the
Meridian Revitalization Plan (adopted by Ordinance of the Meridian City Council,
02-987). In addition to the normal administrative services required as part of this
Agreement, Subrecipient agrees to document and report on each and all of the
following outcomes:
a. Number and location of businesses and property owners the facade improvement
program was marketed to;
b. For the selected property, the conditions of the property which contributed to the
deterioration of the URA;
c. For the selected property, the type of improvc3ments to be completed;
d. Ijor the selected property, the agreement between MDC and the property owner
identifying the xesponsibilities of each entity in relation to the use and expenditure
of CDBG fends, the content and form of which is to be reviewed and approved by
the City; and
e. Other items as deemed appropriate by the City's CDBG Administrator.
D. Staffing not funded. Subrecipient agrees that na CDBG funds will be utilized for
staffing.
E. Performance monitoring. City will monitar the performance of Subrecipient against
goals and performance measures as set forth herein.. Performance monitoring shall
include City's review of Subrecipients' submitted documents for accuracy and
completion, as well as an on-site visit from City's CDBG Administrator to review the
completeness and accuracy of records maintained. Substandard performance as
determined by City shall constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen days
(14} after being notified by City, Agreement suspension or termination procedures will be
initiated.
F. Time of performance. Services of Subrecipient shall start on July 25, 2012 and end on
December 31, 2012. If no property or business is identified for participation in the facade
improvcrnent program by July 31, 2012, the City may consider terminating the project for
PY2011 and reallocate the funds to another eligible CDBG project/pragrarn. The term of
this Agreement and the provisions herein shall be extended to cover any additional time
PY11 SUBREC;IPIENT AGREEMF,NT-MDC FAC,;ADE 1MPKOVT~MI:N`I' PROGRAM PAGE 2 OP 16
period during which Subrecipient remains in control of CDBG funds or other CDBG
assets, including program income.
G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the farm and
content as required by City, with every draw request. If Progress Reports are delinquent,
draw requests will not be processed until the delinquency is cured. Progress Reports
must contain information on outcome-based measurements as outlined in this Agreement.
II. ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable
uniform administrative requirements, as described in 24 CFR § 570.506.
B. FinanciallVlanagement.
1. Budget. Subrecipient agrees that it shall use City's PY11 CDBG finds in the amount
of forty thousand dollars ($40,000) to be used for at least one facade improvement
project. The grant funds may be used for architectural and engineering services,
historical research and documentation, permit fees, loan application and closing costs,
and construction costs to repair and restore the building. City will require a detailed
budget breakdown, and Subrecipient shall provide such information in a timely
fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize funds available
under this Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §~ 84.21
through 84.28, and further agrees to: adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with
OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These
principles shall be applied for all costs incurred, whether charged on a direct or
indirect basis.
5. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's
CDBG Program Administrator prior to submitting the first draw request to City. City
will not process draw requests unless and until Subrecipient attends this meeting.
6. Client Data. Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to: client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available for review upon City's
request.
PY1 1 SUBRF.CIPIENT AGREEMIiNI' -MDC FACADE IMPKOVIiMFNT PROGKAM PAGE 3 OF I6
7. Disclosures. Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not directly
connected with the administration of City or Subrecipient's responsibilities under this
Agreement, is prohibited by the Financial Privacy Act unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
8. Property Records. Subrecipient shall maintain real property inventory records that
clearly identify properties purchased., improved or sold. Properties retained shall
continue to meet eligibility criteria.
9. Closeout. Subrecipient's obligation to City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but
shall not be limited to: making Bnal payments, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to City), and determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall remain
in effect during any period that Subrecipient has control aver CDBG funds, including
program income.
10. Audits and inspections. All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to City, HUD or its agent, or other
authorized federal officials, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data for purposes of investigation to ascertain compliance with the zules, regulations
and provisions stated herein. Any deficiencies noted in audit reports must be fiilly
repaired by Subrecipient within thirty (30} days after receipt of such report by
Subrecipient. Failure of Subrecipient to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
firture payments. Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning audits and as applicable,
OMB Circular A-133.
Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a)
which requires that all non-Federal entities that expend $500,000 or more in a year
have a single orprogram-specific audit conducted in accordance with A-133. Sub-
recipient shall be willing to allow inquires from the City about the sub-recipient's
financial statements acid single audit reports. If Subrecipient is subject to this
requirement, a copy of the audit report shall be provided to the City within 30 days of
completion of the audit.
C. Payament Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to
generate program income as Subrecipient shall not charge its melnbers for the
service. Any change to the activities described herein that will generate program
PY11 SUBRECIPIENT AGREEMENT-MDC FACADE IMPROVEMENT PROGRAM PACE 4 OF 16
income shall require an amendment to this agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this
Agreement based upon information submitted by Subrecipient and consistent with
any approved budget and City policy concerning payments. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted
by City in accordance with advance fund and program income balances available in
Subrecipient's accounts. In addition, City reserves the right to liquidate funds
available under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Documentation required prior to transactions. As early as practicable,
Subrecipient shall provide the address of an interested property for acceptance into
the facade improvement program to City for floodplain and related environmental
review. Failure to provide the address of the property under may result in added
expenses for the beneficiary or Subrecipient, or refiisal of reimbursement by City.
5. Draw requests. It is expressly agreed and understood that the total amount to be paid
by City under this Agreement shall not exceed $40,000. Drawdowns for the payment
of eligible expenses shall be made against the activity specified, in accordance with
performance and as expenses are incurred by Subrecipient. Draw requests shall. only
be accepted on official City and/or HUD forms and must be completed in full to be
processed. All draw requests are to be submitted monthly, ago later than twenty-one
(21} days after the end of the month for which reimbursement is being submitted.
Draw requests shall include the following: draw request form; progress report, copy
of invoice, and proof of invoice payment. Final dI•aw under this Agreement will be
submitted by Subrecipient no later than September 20, 2012 unless otherwise agreed
in writing.
6. Funds transfer. Pursuant to 24 CFR § 570.503(b}(7), upon expiration of this
Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time
of expiration and any accounts I•eceivable attributable to the use of CDBG funds.
DUNS number. Subrecipient shall comply with requirements established by the
Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data
Universal Numbering System ("DUNS"), the Central Contractor Registration
database, and the Federal Funding Accountability and Transparency Act, including
Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and
Central Contractor Registration, 75 Fed. Reg. 55671 {Sept. 14, 2010) (to be codified
at 2 CFR part 25) and Appendix A to PaI•t 170 of the Requirements for Federal
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663
(Sept. 14, 2010) {to be codified at 2 CFR part 170).
PY1 1 SIJBRECIPIENT AGREEMENT-MDC FA(;ADE IMPROVEMENT PROGRAM PAGE 5 Or 16
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City
policies concerning the purchase of equipment and shall maintain inventory records
of all non-expendable personal property as defined by such policy as may be procured
with funds provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with. the
requirements of 24 CFR § § 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel
outside the Boise metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets. The use and disposition of real property and equipment
,.older the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and
24 CFR ~§ 570.502 through 570.504, as applicable, which include, but are not limited to,
the following:
1. Records. Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased., improved or sold.
2. National Objectives met for five {5} years. Pursuant to 24 CFR § 570.503(b)(7)(i),
real property that is acquired or improved, in whole or in part, with funds under this
Agreement in excess of $25,000 shall be used to meet one of the CDBG National
Objectives until five (5} years after expiration of this Agreement. If the use of the
CDBG-assisted real property fails to meet a CDBG National Objective for this
prescribed period of time, Subrecipient shall pay City an amount equal to the culxent
market value of the property, less any portion of the value attributed to expenditures
of non-CDBG funds for acquisition of or impzovement to the property. Such
payment shall constitute program income to City. Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the f ve-
year period.
3. Sale of equipment. In all cases in which equipment acquired in whole or in part with
fiends under this Agreement is sold, the proceeds shall be program income, prorated
to reflect the extent to that funds received under this Agreement were used to acquire
the equipment. Equipment purchased with funds received under this Agreement but
not needed by the Subrecipient for activities under this Agreement shall be (a)
transferred to City for the CDBG program or (b) retained after compensating City an
amount equal to the current fair market value of the equipment less the percentage of
non-CDBG funds used. to acquire the equipment.
F. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this
Agreement, Subrecipient shall maintain all records that are pertinent to the activities
PY I 1 SUI3RECIPIENT AGREEMENT -MDC T'A~ADE 1MPROVGMENT PROGRAM PAGL 6 OI' l 6
to be funded under this Agreement, including, but not limited to, those required by
the Federal regulations specifted in 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG Program;
f. Financial records, as required by 24 CPR § § 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart
K, except that Subrecipient does not assume City's responsibilities under 24 CFR
§ 570.604 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of
all activities funded under this Agreement, defined as the date of the submission of
City's final annual performance and evaluation report to HUD. Records for non-
expendable property acquired with funds under this Agreement shall be retained. for
fzve (5) years after final disposition of such property. If, prior to the expiration of the
five-year period, any litigation, claims, audits, negotiations or other actions begin that
involve any of the records cited, such records shall be retained until completion of the
actions and resolutions of all issues, or the expiration of the fzve-year period,
whichever occurs later.
III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civic Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974,
Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of
1990, the Age Discrimination Act of l 975, Executive Order 11063, the Executive Order
11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and
570.602.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders
referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable
non-discrimination provisions in Section 109 of the HCDA are also applicable.
Subrecipient will not discriminate against any employee or applicant for employment or
services because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital status or status with regard to public assistance. Subrecipient
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other farms of compensation, and selection for training,
PY1 I SUBRECIPII:N'1'RGREEMENT-MDC FACADE IMPROVEMENT PROGRAM PALL 7 OF 16
including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which
prohibits discrimination against the handicapped in any Federally-assisted program. City
shall provide Subrecipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Agreement.
D. Women- and Minority-Owned Businesses. Subrecipient shall use its best efforts to
afford small businesses, minority business enterprises, and women's business enterprises
the maximum practicable opportunity to participate in the performance of this contract.
As used in this contract, the terms "small business" means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632),
and "minority and women's business enterprise" means a business at least fifl:y-one {51}
percent owned and controlled by minority group members or women. For the purpose of
this deflnition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American
Indians. Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent investigation.
E. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or workers' representative of Subrecipient's commitments hereunder, and
shall past copies of the notice in conspicuous places available to employees and
applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or
advertisements far employees placed by or on behalf of Subrecipient, state that it is
an Equal Opporhmity or Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program far political activities; sectarian,
or religious activities; lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no fiends provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engage in the
conduct of political activities in violation of the Klatch Act (Title V, Chapter 15,
U.S.C.).
2. Religious activities. Subrecipient agrees that funds provided under this Agreement
will not be utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the Federal regulations
specified in 24 CFR § 570.200(j).
PY11 SIIBRECIPIENT 1~GREEMEN'1'-MDC FA~AUH 1MPROVEMFNT PROGRAM PAGE 8 OF 16
G. Labor standards. Subrecipient agrees to comply with. the requirements of the Secretary
of Labor in accordance with the Davis~Bacon Act as amended; the provisions of
Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act
(40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws
and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such
documentation shall be made available to Cit~T for review upon request. Subrecipient
further agrees that all Contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work fiinanced in whole or in part
with assistance provided. under this Agreement shall comply with Federal requirements
pertaining to such Agreements and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage
rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require
payment of the higher wage.
H. Section 3 of the Housing and Urban Development Act of 19b8.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development
Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in
24 CFR Part 135, and all. applicable Hiles and orders issued thereunder prior to the
execution of this Agreement, shall be a condition of the federal. Cnancial assistance
provided under this Agreement and shall be binding upon City, Subrecipient and any
of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these
requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. Subrecipient certifies and
agrees that no contractual or other disability exists that would prevent compliance
with these requirements.
2. Subcontract language. Subrecipient further agrees to include the following
language in all subcontracts executed under this Agreement: "The work to be
performed under this Agreement is a project assisted under a program providing
direct federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given to low and very low income residents of the
project area and Agreements for work in connection with the project be awarded to
business concerns that provide economic opportunities for low and very low income
persons residing in the metropolitan area in which the project is located."
3. Employment of low- and very-low-income persons. Subrecipient further agrees to
ensure that opportunities for training and employment arising in connections with a
PY 1 l SUBRECIPIENT AGRF,EM$NT-MDC FA4ADE IMPROVEMENT PROGRAM PAGE 9 OF 1 G
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction projects are given to low
and very-low income person residing within the metropolitan area in which the
CDBG-fitnded project is located; where feasible, priority should be given to low and
very low income persons within the service area of the project or the neighborhood in
which the project is located, and to low and very low income participants in other
HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to
business concerns that provide economic opportunities for low and very low income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns which provide
economic opportunities to low and very low income residents within the service area
of the neighborhood in which the project is located, and to low and very low income
participants in other HUD programs. Subrecipient certifies and agrees that no
contractual or other legal incapacity exists that would prevent compliance with these
requirements.
4. Notifications. Subrecipient agrees to scud to each labor organization or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding, if any, a notice advising said labor organization or
worker's representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment or training.
5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. Subrecipient
will not subcontract with any entity where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135 and will not let any
subcontract unless the entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42
and 570.61 lm, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents engaged in the
award and administration. of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall
pa~•ticipate in the selection, or in the award, or administration of, a contract supported
by Federal funds if a conflict of interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have
exercised any functions or responsibilities with respect to CDBG-assisted activities,
PYl 1 SUBRHCIPIEN"1' AUREEMlsN'i'-MDC FA4AllE IMPROVL'MIiNT PROGRAM PAGE 10 OF 16
or who are in a position to participate in adecision-making process or gain inside
information with regard to such activities, may obtain a financial interest in any
Agreement, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity, either for themselves or those with who
they have business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official
of City, the Subrecipient, or any designated public agency.
J. Lobbying. The following 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.C. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal Agreement,
the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal Agreement, grant, loan, or cooperative agreement; and
2. If any fiends other than Federal appropriated funds have been paid or will be paid. to
any person for influencing attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal Agreement, grant, loan, or
cooperative agreement, it will complete and submit Standazd Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
IV.
A. Air and Water. Subrecipient specifically agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§'7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating
to inspection, monitoring, entry z•eports, and information, as well as other
requirements specified in said Act, and all regulations and guidelines issued
thereunder.
3. )/nvirozunental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities
located in an area identified by FEMA as having special flood hazards, flood insurance
PY 1 1 SUBR)iCIPIENT AGREEMENT -MDC FACADE IMPROVEMENT PROGRAM PAGE 1 1 Oh' 16
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation}.
C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the
Housing and Cotrununity Development Act of 1992. These regulations revise the CDBG
lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all
CDBG-assisted housing and require that alt owners, prospective owners, and tenants of
properties constructed prior to i 978 be properly notified that such properties may include
Iead-based paint. Such notification shall point out the hazards oflead-based paint and
explain the symptoms, treatment and precautions that should be taken when dealing with
lead-based paint poisoning and the advisability and availability of blood level screening
for children under seven. The notice must also point out that if lead-based paint is found
on the property, abatement measures may be undertaken. The regulations further require
that, depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on
Historic Preservation Procedures for Protection of Properties, insofar as they apply to the
performance of this Agreement. In general, this requires concurrence from the State
Historic Preservation Officer for all rehabilitation and demolition of historic properties
that are fifty years or older or that are included on a Federal, state or local historic
property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing
and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
City of Meridian
Attn: Lori Den Hartog
CDBG Program Administrator
33 E. Broadway Avenue
Meridian, Idaho 83642
Meridian Development Corporation
Attn: Ashley Ford
MDC Project Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of
this paragraph by giving written notice of such change to the other party in the manner
herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations
concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of
such regulations. Subrecipient also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the fiends provided under this
Agreement, except that: (1}Subrecipient does not assume the recipient's environmental
PY11 SUBRECiP1EN'I' AGR~;rME:N7'-MDC FA~;At)F:IMPROVF.Mb'N7' PKOGRAM PAG}: 12 Or' l6
responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental
or research work shall provide for the rights of the Federal Government and the recipient
in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants
Contracts and Cooperative Agreements."
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall
be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. Subrecipient shall at all times remain an
independent Contractor with respect to the services to be performed under this
Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance
coverage for all employees involved in the performance of this Agreement.
F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to
protect Agreement assets from loss due to theft, fraud and/or undue physical damage.
Further, Subrecipient shall comply with the bonding and insurance requirements of 24
CFR §§ 84.31 and 84.48.
G. Grantor Recognition. Subrecipient shall publically recognize the role of City in
providing services under this Agreement. In addition, Subrecipient will include a
reference to the support provided herein in all publications made possible with fiends
made available under this Agreement.
H. Amendments. The parties hereto may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each party, and approved by City's
govenling body. Such amendments shall not invalidate this Agreement, nor relieve or
release either party from its obligations under this Agreement. City may, in its discretion,
amend this Agreement to conform with Federal, state or local governmental guidelines,
policies and available funding amounts, or for other reasons. If such amendments result
in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both parties.
I. Termination.
1. Notice of termination. Either party may terminate this Agreement for any reason or
no reason by, at least 30 days before the effective date of such termination, giving
written notice. to the other party of such termination and specifying the effective date
PY 1 I Sti}3RL-'C1PII'.N'I' AGRt?F,MI;N'I' -MDC T' A~A]~E IMPROVEM}:N"r PROGRAM PACE 13 OF 16
thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein
may only be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports of
other materials prepared by Subrecipient under this Agreement shall, at the option of
City, become the property of City, and Subrecipient shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents
or materials prior to the tcrznination.
4. Termination for convenience. In accordance with 24 CFR § $5.44, suspension or
termination of the Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43,
suspension or termination of the Agreement, in whole or in part, may occur if eifiher
party materially fails to comply with any term of this Agreement, which shall include,
but shall not be limited to, the following;
a. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
b. Failure by either party to fulfill in a timely and proper manner its obligations
under this Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are inco;Tect or incomplete in
any material respect.
6. Penalty for material noncompliance. In addition to suspension or termination of
this Agreement and/or any other remedies as provided by law, upon a finding of
material noncompliance, City may declare Subrecipient ineligible for any further
participation in City CDBG programming. In the event there is probable cause to
believe Subrecipient is in noncompliance with any applicable rules or regulations,
City may withhold up to fifteen (1 S) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be
in compliance.
Assignment. Subrecipient shall not assign or transfer any interest in this agreement
without prior written. consent of City; provided, however, that claims far money due
or to become due to Subrecipient from City under this Agreement may be assigned to
a baz~lc, trust company, or other financial institution without such approval. Notice of
any assignment or transfer shall be furnished promptly to City.
.7. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any
PY ] ] SUBRECIPiENT AGRF,F,MEN"I' -MDC FA4Al>E IMPROVEMENT PROGRAM PAGE 14 OF 16
agency or individual in the performance of this Agreement without the prior written
consent of City. All subcontracts entered into in the performance of this Agreement
shall be awarded pursuant to any applicable provisions of the City Purchasing Policy
and/or Local, state, or federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions taken
to correct areas of noncompliance. Subrecipient shall furnish and cause each of its
own subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by City, HiJD or
its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in
their entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement. Specifically, without limitation, Subrecipient shall
include the provisions of this Agreement regarding Civil Rights and Affirmative
Action in every subcontract or purchase order, specifically or by reference, to ensure
that such provisions will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City
along with documentation concerning the selection process.
K. Relocation, real property acquisition, and one-for-one housing replacement.
Subrecipient agrees specifically, without limitation, to comply with:
1. 'The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24
CFR 570.606(b);
2. 'The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and
3. The requirements in 24 CFR 570.606(d) governing optional relocation policies.
Subrecipient shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project.
L. No contractual impediments. Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with these requirements.
M. Severability. If any provision of this Agreement is held invalid, the reminder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
N. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith.
PY 1 I SUBRECIPIENT AGRF'EMEN"r -MDC FA4;ADE IMI'ROVliMENT PROGRAM PAGE 15 OP I h
O. Non-waiver. Failure of either party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any party's
right to thereafter enforce such term, and any right or remedy hereunder may be asserted
at any time after the governing body of either party becomes entitled to the benefit
thereof, notwithstanding delay in enforcement.
P. Approval required. This Agreement shall not become effective or binding until
approved by the respective governing bodies of both City and Subrecipient.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
Meridian Development Corporation
` ~ .
'-~' __._
By•
CITY:
City of Meridian
/ _.._
By: '1'amr~x'y ~ Weerd,
c~ey or
~a.~+ao
m
~~rF~~f ode ZIt6ASOR~,~~,
STATE OF IDAHO
/ } ss:
County of _ c ~ _ _ )
I HEREBY CERTIFY that on this /'_~day of Ju..~ 22~~~-
before the undersigned, a Notary Pu lie in t e State of~fiaho,
personally appeared ~ ~f a. ~ ,
proven to me to be the person who executed t e said
instrument, and acknowledged to me that such person.....
executed the same. ,~~'' : :,
IN WITNESS WHEREOF, I have hereunt~-3et ~~lar~~'t
affixed my official seal, the day and year~,1~ this°cert~~a~e ,,
~., v
first tibr~,ve written. /] ~ ~ ~ •~ -.
Notary Public fo
Residing at
My Commission
Attest:
O ~ V ;o
L~ ti ~ ~
~~ ~o ~
4;
._ ~~L~ti
City Clerk
PYI I SUBREC[PIENT AGRF.RM~NT MI)C FA4ADE IMPROVIiMk;N'I' PKOCiKAM PAGE Ih OF 16