Subrecipent Agmt with Meridian Food Bank for PY2012 CDBG FundsSUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND MERIDIAN FOOD BANK
FOR PY 2012 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is entered into this ~Z day of _~ctnuc~ , 2013 by and between the City of
Meridian, a muiucipal corporation organized guider the laws of the tate of Idaho ("City") and Valley Shepherd
Nazarene Compassionate Ministries Center, Inc., dba Meridian Food Banlc, a nonprofit charitable corporation
organized under the laws of the state of Idaho ("Subrecipient").
WHEREAS, City is an entitlement conununity, and as such has applied for and received fiulds from the
United States Govermuent ender Title I of the Housing and Commuiuty Development Act of 1974, Public Law
93-383, i. e. Commtulity Development Block Grant ("CDBG") fiulds; and
WHEREAS, Subrecipient assists individuals and families by providing food, which activity
complements the objectives of the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of
CDBG funds from Program Year 2012 (PY12);
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 PY12 CDBG funds in the amount of twenty siz thousand five
hundred dollars ($26,500) to purchase food supplies for distribution at the Meridian Food Bai~lc, located
at 133 W. Broadway Avenue, Meridian, Idaho. Subrecipient shall be responsible for administering its
PY2012 CDBG fiends in a mamier satisfactory to City and consistent with any and all required as a
condition of providing these funds.
B. National Objecti~~e. Subrecipient certifies that the activities carried out City's PYI2 CDBG fiulds
provided by City under this Agreement will meet one or more of the CDBG program's National
Objectives as defined in 24 CFR S 570.208. Specifically, Subrecipient's activities under this agreement
shall provide a new public service (24 CFR 570.201(e)) to lililited clientele (LMC) (24 CFR S
570.208(a)(2)).
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one thousand
(1,000) Unts of Service. For the purposes of this Agreement, "Units of Service" shall be defined as
residents provided food by the Subrecipient.
2. Perfo~°mance measures. Tlus project will provide food for LMI persons. hl addition to the normal
adn~listrative services required as part of this Agreement, Subrecipient agrees to document and
report on each and all of the following outcomes:
a. Fanuly size (ntuilber of individuals) of each person or household assisted; and
U. Household income of each person or household assisted; and
c. Race and etluiicity of individuals assisted; and
d. Number of individuals gaining new access to services provided; and
e. Number of individuals gainng improved access to services provided.
PY12 SUBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK PAGE 1 OF 13
D. Staffing not funded. Subrecipient agrees that no CDBG fluids will be utilized for staffing.
E. Performance monitoring. City will monitor 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 Admnistrator 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 foiuteen 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 or before December 31, 2012 and end on
September 30, 2013. The term of this Agreement and the provisions herein shall be eltended to cover
any additional time period chuuig which Subrecipient remains in control of CDBG fiends or other CDBG
assets, inchtding program income.
G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form 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.
IL ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform
admilustrative requirements, as described iil 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PYl l CDBG fiords in the amoluit of twenty-siY
thousand live hundred dollars ($26,500) to purchase food assistance to LMI persons. City may
require a detailed budget breakdown, and Subrecipient shall provide such information im a timely
fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize fiends available ender this
Agreement to supplement, rather than supplant, ftulds otherwise available,
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR SAS 84.21 through 84.28, and
further agrees to: adhere to the acco>_ulting principles and procedures required therein, Lrtilize
adequate internal controls, and maintain necessary source documentation for all costs inctured.
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
inclured, whether charged on a direct or indirect basis.
5. Certification of financial management systelin. Payments shall be contingent upon HUD's
certification of Subrecipient's fuiancial management system in accordance with 24 CFR 5 84,21.
6. 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 wltil Subrecipient attends this meeting.
7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services
Pl'12 SUBRGCIPIEN'I' AGREGNiENT-MERIDIAN FOOD Bf\N IC PAGE 2 OF 13
provided. Such data shall include, but not be limited to: client name, address, income level or other
basis for determiiung eligibility, and description of service provided. Such information shall be
made available for review upon City's request.
8. Disclosures. Subrecipient understands that client information collected tinder 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 guider this Agreement, is prohibited by the
Fitlancial Privacy Act unless written consent is obtained from such person receiving service and, ill
the case of a mirror, that of a responsible parent/guardian.
9. 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.
10. 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 grunted to: malting
final payments, disposing of program assets (inchidilig the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to City), and determitlhig
the custodianship of records. Nottivithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that Subrecipient has control over CDBG funds, inchiditig
program income.
ll. 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 durilig normal business hours, as often as deemed necessary, to audit, eXanune, and malte
eYCeipts or transcripts of all relevant data for proposes of investigation to ascertain compliance with
the rules, 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.
Faihue of Subrecipient to comply with the above audit requirements will constihrte a violation of
this Agreement and may result in the withholding of firture payments. Subrecipient hereby agrees to
have an amlual 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 elpend $500,000 or more in a year have a single or program-specific
audit conducted in accordance with A-133. Sub-recipient shall be willing to allow inquires fiom the
City about the sub-recipient's financial statements and 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. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to generate
program itlcome as Subrecipient shall not charge its members for the service. Any change to the
activities described herein that will generate program income shall require an an7endment to this
agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG fiuiding.
3. Payment Procedures. City will pay to Subrecipient fiords 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
PY12 SUE3RECIPIENT AGREEMENT-MER[D[tvN FOOD BANK PfvGE 3 OF 13
eligible expenses actually incurred by Subrecipient, acid not to exceed achial cash requirements.
Payments will be adjusted by City in accordance with advance fiord and program income balances
available in Snbrecipient's accounts. In addition, City reserves the right to liquidate fiulds available
under this Agreement for costs incurred by City on behalf of Subrecipient.
4. Dra«' requests. It is expressly agreed and understood that the total amount to be paid by City ender
this Agreement shall not exceed $26,500. 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 nnist be
completed in fiill to be processed. All draw requests are to be submitted monthly, no later than
twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw
requests shall inchide the following: draw request form; progress report; beneficiary income
eligibility dociullentation; transaction detail, HUD-l, and related sununary information; and proof of
payment by Subrecipient. Final draw under this Agreement will be submtted by Subrecipient no
later than September 20, 2013 unless otherwise agreed ili writing.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement,
Subrecipient shall transfer to City any CDBG fiords on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG fiulds.
6. DUNS number. Subrecipient shall comply with requirements established by the Office of
Management and Budget ("OMB") concerning the Dun and Bradstreet Data Unversal 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 Part 170 of the Requirements for Federal
Funding Accountability and Transparency Act huplementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)
(to be codified at 2 CFR part 170).
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with cui7ent 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 fiulds provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of
24 CFR 5 ~ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval fiom City prior to any travel outside the Boise
metropolitan area with fiords provided under this Agreement.
E. Use and Reversion of Assets. The use and disposition of real property and equipment under the
Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR S~ 570.502
tluough 570.504, as applicable, which include, but are not limited to, the following:
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 5 570.503(b)(7)(i), real property
that is acquired or improved, in whole or in part, with fiords under this Agreement in excess of
$25,000 shall be used to meet one of the CDBG National Objectives >.u~til five (5) years after
P1' 17 Stl[3RECIPIENT AGREEMENT- MERIDIAN FOOD BANK PAGE 4 OF 13
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, Snbrecipient shall pay City an amount equal to
the current market vane of the property, less any portion of the vane attributed to expendituues of
non-CDBG fiends for acquisition of or improvement to the property. Such payment shall constitute
program income to City. Snbrecipient may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
3. Sale of equipment. Iu all cases in which equipment acquired in whole or in part with fiunds under
this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that
fiulds received tinder this Agreement were used to acquire the equipment. Equipment purchased
with fiends received lender this Agreement but not needed by the Snbrecipient 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 cuurent fair market value of the equipment less the percentage of non-
CDBG fields used to acquire the equupment.
F. Records and reports.
Records to be maintained. hl addition to specific records mentioned ili this Agreement,
Snbrecipient shall maintain all records that are pertinent to the activities to be fiuided tinder this
Agreement, ilichiding, but not limited to, those required by the Federal regulations specified in 24
CFR ~ 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meetiing the National Objectives;
c. Records required to determine the eligibility of activities for CDBG fiunding;
d. Records requured to document the acquisition, improvement, use or disposition of real property
acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components of the
CDBG Program;
f. Financial records, as required by 24 CFR S S 84.21 through 84.28 and 570.502;
g. Other records necessary to doctuilent compliance with 24 CFR Part 570, Subpart K, except that
Snbrecipient does not assume City's responsibilities tinder 24 CFR S 570.604 and part 52.
2. Records retention. Snbrecipient 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 fiunded under this
Agreement, defined as the date of the submission of City's final amnial performance and evaluation
report to HUD. Records for non-expendable property acquired with fiords tinder this Agreement
shall be retained for five (5) years after final disposition of such property. If, prior to the expiration
of the five-year period, any litigation, claiinns, audits, negotiations or other actions begin that involve
airy of the records cited, such records shall be retained iuntil completion of the actions and
resohitions of all issues, or the expiration of the five-year period, whichever occurs later.
IILEMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Snbrecipient 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 Conuilunity Development Act of 1974, Section 504 of the Rehabilitation Act of
1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, the Executive Order 11246 as amended by Ixecutive Order 11375 and 12086, and 24 CFR
570.601 and 570.602. In regard to the sale, lease, or other h•ansfer of land acquired, cleared or improved
with assistance provided under this contract, Snbrecipient shall cause or require a covenant retuning with
the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined,
PY12 SU[3RECIPIENT AGaEGNIENr-MERIDIAN FOOD BANK PAGE 5 OF 73
in the sale, lease or rental, or in the use or occupancy of such land, or iii any improvements erected or to
be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce
such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself so
discriminate.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and
contracting opportluiities laws, regulations, and executive orders referenced in 24 CFR S 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 agaitlst any employee or applicant for
employment or services because of race, color, creed, religion, ancestry, national origin, sea, 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 discrhnination. Such
employment practices inchlde but are not limited to the following: hililzg, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for trailulig, inchiding 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. S 706) which prohibits discrhlunation agahist
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. Affirmative Action.
1. Approved Plan. Subrecipient agrees that it shall be committed to ca1Ty out pursuant to CitS~'s
specifications an Affirmative Action Program in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action
guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a
plan for an Affirmative Action Program for approval prior to the award of finds.
2. Women- and Minority-O~~'ned Businesses. Subrecipient shall use its best efforts to afford small
businesses, minority business enterprises, and women's business enterprises the malimum
practicable opporttulity 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 fifty-one (51) percent owned and controlled by nunority group members or
women. For the purpose of this definition, "nunority group members" are Afro-Americans, Spanish-
spealdng, Spaiush surnamed or Spa>ush-heritage Americans, Asian-Americans, and American
Indians. Subrecipient may rely on v~n•itten 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 ninon or representative of workers with
which it has a collective bargailiilig 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 conunitments hereunder, and shall post copies of the notice hl conspicuous places
available to employees and applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of Subrecipient, state that it is an Equal Opporhulity or
PY12 SU[3RECIPIEN"I' AGREEMENT -MERIDIAN FOOD BANK PAGE 6 OF 13
Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using fiords provided herein or personnel
employed in the administration of the program for political activities; sectarian, or religious activities;
lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no fiords provided, nor persomiel employed under this
Agreement, shall be in any way or to any extent engage in the conduct of political activities in
violation of the Hatch Act (Title V, Chapter 15, U.S.C.).
2. Religious acti~~ities. Subrecipient agrees that fluids provided under fllis Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization ill accordance with the Federal regulations specified in 24 CFR § 570.200(j).
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. §5 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 City for review upon request. Subrecipient fiirfller agrees that all Contractors
engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or
work financed in whole or in part with assistance provided under this Agreement shall comply with
Federal requirements pertaitlhig to such Agreements and tivith the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts I, 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 tinder the regulations are imposed by state or local law, nothing heretulder 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 1968.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided iulder this Agreement and shall be binding
upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Faihue 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 fiuther agrees to inchide 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. 5 1701). Section 3 requires that to the greatest extent feasible opporhmities for
trail~lg and employment be given to low and very low income residents of the project area and
Agreements for work in corulection with the project be awarded to business concerns that provide
economic opportunities for low and very low ilicome persons residing in the metropolitan area in
«rhich the project is located."
Pl'12 SUBRECIPIENT AGREENIEN"r-MERIDIAN FOOD BANK PAGE 7 OF 13
3. Employment of low- and very-low-income persons. Subrecipient fiuther agrees to ensm•e that
opportuunities for training and employment arising in comlections with a 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-ftinded 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 (inchiding
reduction and abatement of lead-based pahlt hazards), housilig consh'uction, 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
opport>.ulities 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 contrachial or other legal incapacity elists that would
prevent compliance with these requirements.
4. Notifications. Subrecipient agrees to send 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 hl violation of
regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it
has notice or laiowledge that the latter has been foiuld in violation of regulations under 24 CFR Part
135 and will not let any subcontract airless the entity has first provided it with a preliti~lary
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 5 S 84.42 and
570.61 lm, which inchide, 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 fiords.
2. Contract selection. No employee, officer or agent of the Subrecipient shall participate i11 the
selection, or in the award, or adm>lustration of, a contract supported by Federal fiords 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 fiuictions
or responsibilities with respect to CDBG-assisted activities, 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 the}~
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.
Pl'12 SLIBRECIPIEN'I' AGREE1vIEN"r-MERIDIAN FOOD BANK PAGE S OF 13
J. Lobb3~ing. 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 fluids 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 malting of any Federal
loan, the entering i11to of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any fields other than Federal appropriated fiords have been paid or will be paid to any person for
influencing attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language be included in the award documents for all sub-
awards at all tiers (inchiding subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This
certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by 31 U.S.C. S 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not let less that $10,000 and not more than
$100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as
they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. ~ ~ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. S ~ 1251, et seq., relatitlg to inspection,
monitoring, entry reports, and information, as well as other requirements specified in said Act, and
all regulations and guidelines issued thereunder.
3. Enviromnental 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. 5 4001), Subrecipient shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acgtusition or construction purposes
(inchlding 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 Paillt Regulations,
24 CFR Part 35, implementing Title X of the Housing and Connnunity Development Act of 1992.
These regulations revise the CDBG lead based paint requirements under 24 CFR S 570.608. Such
regulations pertain to all CDBG-assisted housing mid require that all owners, prospective owners, and
PY12 SUBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK PAGE 9 Or 13
tenants of properties constructed prior to 1978 be properly notified that such properties may illchide
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms, treatillent 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 fiends applied to a property,
paint testilig, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subreeipient 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 Uiuted States mail, addressed as
follows:
City of Meridian
Attn: Lori Den Hartog
CDBG Program Achl~listrator
Meridian Food Bank
Attn: Dan Clark
Chairman, Board of Directors
33 E. Broadway Avenue 133 W. Broadway Avenue
Meridian, Idaho 83642 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 mamier herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concen>ulg CDBG fields,
including, but not 1i111ited 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 Linder this Agreement, elcept that: (1) Subrecipient does not assume the
recipient's enviromiiental responsibilities described iu 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 Govermuent 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 Govenmlent Grants Contracts and Cooperative Agreements."
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in
any manner, as creat>lig 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. Indemnit3~. Subrecipient, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold
harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for
PY12 SUBREGIPIENT AGREEMENT-MERIDIAN FOOD BANK PAGE 10 Or 13
damages or injtuy to persons or property acid/or losses and expenses caused or itlcurred by Subrecipient
and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and
participants in its programming, and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or
Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests,
invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death,
and/or damage and/or destruction to tangible or intangible property.
F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for
all employees involved in the performance of this Agreement.
G. 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 5 § 84.31 and 84.48.
H. 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 herenl
in all publications made possible tivith fiords made available under this Agreement.
Amendments. The parties hereto may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are elecuted in writing, signed by a duly
authorized representative of each party, and approved by City's governing body. Such amendments
shall not invalidate this Agreement, nor relieve or release either party from its obligations under this
Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local
govel7mlental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result it1 a change in the filnding, 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.
J. Termination.
1. Notice of termination. hither party may terminate this Agreement by, at least 30 days before the
effective date of such ternunation, giving written notice to the other party of such termination and
specifying the effective date thereof.
2. Partial termination. Partial tern~lations of the Scope of Service as set forth herein may only be
undertaken with the prior approval of City.
3. Work completed. 111 the event of any termination for convenence, all fnushed or unfinished
documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by
Subrecipient under this Agreement shall, at the option of City, become the property of City, and
Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
4. Termination for convenience. hl accordance with 24 CFR ~ 85.44, suspension or termination of the
Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. hi accordance with 24 CFR S 85.43, suspension or
termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to
comply with any term of this Agreement, which shall include, but shall not be limited to, the
following:
Pl'l2 SU[3RGCIP~ENT AGRBG[v(EN'I'-MERIDIAN FOOD BANK PAGE 1 1 OF 13
a. Faihue 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. Faihue by Subrecipient to firlfill in a timely and proper manner its obligations under this
Agreement;
c. Ineffective or improper use of fiords provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete ill any material
respect.
6. Penalty for material noncompliance. hl addition to suspension or termination of this Agreement
and/or any other remedies as provided by law, upon a findilig of material noncompliance, City may
declare Subrecipient ineligible for any fiu•ther participation in City CDBG progranulung. In the
event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules
or regulations, City may withhold up to fifteen (15) percent of said Agreement fiords until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be ili
compliance.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior
written consent of City; provided, however, that claims for money due or to become due to Subrecipient
from City under this Agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any assigmlient or transfer shall be fiiriushed promptly to City.
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the prior written consent of City. All
subcontracts entered into in the performance of this Agreement shall be awarded piusuant to any
applicable provisions of the City Piu~chasing Policy and/or local, state, or federal laws.
2. Monitoring. Subrecipient shall moiutor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be stuiullarized ill written reports and
supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
Subrecipient shall fiuiush and cause each of its own subrecipients or subcontractors to fiunish all
information and reports required hereunder and will permit access to its books, records and accounts
by City, HUD 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 ili a11d 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 atld 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. Elecuted copies of all subcontracts shall be forwarded to City along with
documentation concerning the selection process.
M. 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);
PY 12 SUBRECIPIEN"T AGREEA~[ENT -MERIDIAN FOOD BANK PAGE 12 OE 13
2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and
Relocation Assistance Plan tinder section 104(4) of the HCD Act; and
3. The requirements in 24 CFR 570.606(4) 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.
N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with these requirements.
O. 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.
P. Entire Agreement. Tlus Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or >rulderstandings, oral or «n•itten, whether previous to the elecution hereof or
contemporaneous herewith.
Q. Non-~~aiver. Faihu•e of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquislunent of any party's right to thereafter enforce such
term, and any right or remedy hereunder may be asserted at any time after the govenung body of either
party becomes entitled to the benefit thereof, notwithstanding delay ill enforcement.
R. 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 Food Bai~lc
a ?~~,,
(y
~y: Din Clarl<, Executive Director
STATE OF IDAHO
ss:
County of )
I HEREBY CERTIFY that on this _ _ day of ,
before the undersigned, a Notary Public in the Stat~~l Idaho, personally
appeared Dan Clark, proven to me to be the person who executed the said
insh~ument, and aclaiowledged to me that such person executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
Notary Public for Idaho
Residing at - ~ i ~~ - -
My Coaunission Expires:
CITY:
City of Meridian
By: Tam i~
~~~.~ ~~k''~J
Weerd, Mayor
"U~<<sT ttest:
I
Ip
O~~g
CiPy of ~~ ~
lI~I1~I°4 ~-ii ,
rt ~ ee
`~ ~_EAI., ~~
~; VP
~~0~lde TAK A6~SP6
,Idaho
1.
fl;_Illnan, City Clerk
~~
PY12 SUE3RECIPIEN"r AGRI;ENIEN'I'-MERIDIAN FOOD Bf\NK PAGE 13 OF 13