Document Moscow_doc_79dd98e7e8

CDBG # 01-II-5-PF Professional Services Contract August This contract is entered into this 6th day of.ml:)!:2001, by and between the City of Moscow, herein referred to as the "City" and the Clearwater Economic Development Association, whose address is 1626 Sixth Avenue North, Lewiston, Idaho 83501, herein referred to as the "Contractor", Witnesseth: WHEREAS, the City has made application to and has been approved by the Idaho Department of Commerce, herein referred to as "the Department," for the receipt of grant funds under the Idaho Community Development Block Grant (ICDBG) Program for purposes of water system improvements; and WHEREAS, the City desires to engage the Contractor to render certain services related to the administration of the above described ICDBG project; and WHEREAS, the City has complied with provisions for soliciting of contractors as cited in OMB Circular A- 1 02; and WHEREAS, to ensure effective management of the above project, it is deemed to be in the best interests of the City to enter into an agreement with the Contractor as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR. The City agrees to engage the Contractor, and the Contractor agrees to provide the services described in Section 6 in order to provide for the administration and management of the ICDBG project for the City as approved by the Department 2. EMPLOYEE-EMPLOYER RELATIONSHIP. The contracting parties warrant by their signature that no employer-employee relationship is established between the contractor and the City by the terms of this contract It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, if any, are employees of the City for purposes of tax, retirement system or social security (FICA) withholding. 3. CONTRACTOR'S INSURANCE. The Contractor warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder. The comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. 2001-55 ---PAGE BREAK--- 4. LIAISON. The City designated liaison with the Contractor is Dale Pernula, Community Development Director. The Contractor's designated liaison with the City is Becky Patterson. 5. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract takes effect on June I, 200 I. The services to be performed by the Contractor will be completed no later than December 31, 2002. 6. SCOPE OF SERVICES. The Contractor will perform the services specified in Attachment It is understood and agreed by the parties thai the services of the Contractor do not include any of the following: the disbursement or accounting of funds distributed by the City, financial officer, legal advice, fiscal audits or assistance with activities not related to the ICDBG project. 7. COMPENSATION. For the satisfactory completion of the services to be provided under this Contract, the City will pay the Contractor a sum, not to exceed $18,292 that the City agrees to pay as set forth in Attachment 8. CONFLICT OF INTEREST. The Contractor warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project that would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this contract, it will employ no person who has any such interest Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 9. MODIFICATION AND ASSIGNABILITY OF CONTRACT. This contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agents of either party, that are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the City and the Idaho Department of Commerce. Any subcontractor or assignee will be bound by all of the terms and conditions of this contract. ---PAGE BREAK--- 10. TERMINATION OF CONTRACT. This contract may be terminated as follows: Termination due to loss of funding. In the event that the Department reduces or terminates payments under the ICDBG Program so as to prevent the City from paying the Contractor with ICDBG funds, the City will give the Contractor written notice which sets forth the effective date of the termination and explain the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. Termination for Convenience. The City may terminate this contract in whole, or in part, for the convenience of the City when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing, upon the conditions, effective date, and fair and reasonable payment for work completed. Termination for cause. If the City determines that the Contractor has failed to comply with the terms and conditions of this contract, it may terminate this contract in whole, or in part, at any time before the date of completion. If the Contractor fails to comply with any of the terms and conditions of this contract, the City may give notice, in writing, to the Contractor of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the City may, with no further notice, declare this Contract to be terminated. The Contractor will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the City by reason of the Contractor's failure to comply with this contract. (ii) Not withstanding the above, the Contractor is not relieved of liability to the City for damages sustained by the City by virtue of any breach of this contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the Contractor is determined. I I. DOCUMENTS INCORPORATED BY REFERENCE. The City's application to the Department for ICDBG funding, dated November 17, 2000, and March 2, 2001 and all applicable federal and state statutes and regulations are incorporated into this contract. ---PAGE BREAK--- 12. CIVIL RIGHTS ACT OF 1964. The Contractor will abide by the provisions of the Civil Rights Act of 1964 that states under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to, discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The Contractor will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of or be subjected to, discrimination under any program or activity funded in whole or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 197 5 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OR THE HOUSING AND URBAN DEVELOPMENT ACT. Contractor will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG assisted project will be extended to lower income project areas residents. Further, the Contractor will, to the greatest extent feasible, utilize business concern located in or substantially owned by residents of the project area in the award of contracts and purchase of services and supplies. 15. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246 and OMB Circular A- 102, Attachment 0, the Contractor will take affirmative steps to ensure minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the Contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the City upon request. 16. NONDISCRIMINATION The Contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap or national origin. 17. OWNERSHIP AND PUBLICATION OF MATERIALS. All reports, information, data, and other materials prepared by the Contractor pursuant to this Contract are to be the property of the City and the Department which has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the City and the Department. ---PAGE BREAK--- 18. REPORTS AND INFORMATION. The Contractor will maintain accounts and records, including personnel, property and financial records, adequate to identifY and account for all costs pertaining to this contract and such other records as may be deemed necessary by the City to ensure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or its authorized representative, and will be retained for three years after the expiration of this contract. 19. ACCESS TO RECORDS. It is expressly understood that the Contractor's records relating to this contract will be available during normal business hours for inspection by the City, the Department, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office ofinspector General, and, when required by law, representatives of the State of Idaho. 20. CONSTRUCTION AND VENUE. This Contract will be construed under and governed by the laws of the State ofidaho. In the event of litigation concerning it, venue is the Second Judicial District in and for the County of Latah, State ofldaho. 21. INDEMNIFICATION. The Contractor waives any and all claims and recourse against the City, including the right of contribution for loss and damage to persons or property arising from, growing out of or in any way connected with or incident to, the Contractor's performance of this contract except for liability arising out of concurrent or sole negligence of the City or its officers, agents or employees. Further, the Contractor will indemnifY, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor's performance of this contract except for liability arising out of the concurrent or sole negligence of the City or its officers, agents or employees. 22. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney fees and other costs and expenses, whether the same are incurred with or without suit. 23. SPECIAL WARRANTY. The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion or negotiation leading to the award of this contract. Any such activity by the Contractor shall make this contract null and void. ---PAGE BREAK--- IN WIT/, WHEREOF, the parties hereto have executed this contract on the _ day oƈ/ , 200 I. I X I lf _r ) i CONTtiCTO \ J BY: Executive Director Date ayor ---PAGE BREAK--- ATTACHMENT A SCOPE OF SERVICES The Clearwater Economic Development Association shall perform the following services: A. Submit an Administrative Plan to the Idaho Department of Commerce (the "DEPARTMENT") on behalf of the City. B. Environmental Review: 1. Establish an Environmental Review Record file. 2. Complete an Environmental Assessment. 3. Make environmental finding. 4. Publish the appropriate Finding and Request for Funds (ROF). 5. Submit ROF, with Assessment, State Historic Preservation Office letter to the DEPARTMENT for review and approval. C. Construction Administration: 1. Establish Labor Standards Compliance file and assign responsibility. 2. Request current Davis-Bacon wage rates before advertising for bids. 3. Submit bid documents to the DEPARTMENT for review and approval, thirty (30) days prior to bid advertisement. 4. Update wage rates ten (10) days prior to bid opening. 5. Check contractor eligibility with the DEPARTMENT BEFORE AWARDING CONTRACT (federal Debarred List). 6. Document subcontractor eligibility and Davis-Bacon certifications. 7. Submit executed contract documents to the DEPARTMENT for review and approval. 8. Hold pre-construction conference with contractor to discuss labor standards requirements and other grant requirements. Submit signed minutes to the DEPARTMENT. 9. Collect, review, and verifY all payrolls. 10. Construct worker interviews and verifY against payrolls. 11. Report all payroll discrepancies to the DEPARTMENT. 12. Process certified pay requests from the construction contractor and pay requests from the engineer( s) for approval and payment by the City. D. Civil Rights Compliance: 1. Establish a file containing the City's Affirmative Action Plan, Community Profile, City work force composition or other documents and statistics that demonstrate the City's efforts to benefit citizens protected under Civil Rights Laws. 2. File signed Section 3 Clause and other Contractor Certificates. 3. Comply with City's Section 3 Plan and maintain documentation. 4. Submit MBEIWBE Solicitation Summaries for all solicitations for services, supplies or construction bids. ---PAGE BREAK--- 5. Assist the City in updating or completing a Fair Housing Plan. 6. Provide technical assistance to the City on procedures to implement Section 504 requirements - adoption and publication of Section 504 Policy on Nondiscrimination; adoption of grievance procedures if required; completion of self-evaluation and completion of transition plan if needed. E Accounting Requirements (assistance to City if needed): 1. Maintain a general ledger for the ICDBG grant funds. The ledger shows expenditures by budget categories and by other funding sources. 2. Maintain cash receipts and cash disbursements journals. 3. Maintain source documentation and file documents by Idaho Department of Commerce Request for Funds forms. 4. Accounting and Allowable Costs must be in accordance with OMB Circulars A- 102 and A-87 plus Treasury Circular 1075. F. Reporting: I. Submit required progress reports each drawdown, as required by the Idaho Department of Commerce. 2. Report in writing to the City any major compliance problems, performance problems, management problems, all construction commencement and completion, loan closings and defaults. 3. Work with project engineer to submit all contract amendments, change orders, and amendments to the Idaho Department of Commerce. 4. Attend City Council meetings as needed, or other meetings deemed necessary, to report on project progress. ---PAGE BREAK--- ATTACHMENT B The City shall pay the Clearwater Economic Development Association (CEDA) for performance of the services described in Section 6 a sum not to exceed $18,292, as detailed in Section 6 and the following paragraph, unless such sum is subsequently changed by the agreement of both parties as described in Section 9. Payment Requests: Upon CEDA's written request, City shall make progress payments to CEDA. Billings will occur based on work completed during the previous period and referenced on two bills: I. Upon completion of Environmental Review Records, and the securing of "Notice of Removal of Grant Conditions and Release of Funds" from the Department. This includes all the preliminary activities involved in setting up a grant, including, but not limited to, start-up activities, project file organization, budgeting, etc. Work with City to explain grant requirements/expectations, assistance with procurement of engineering services. CEDA shall receive $5,500. 2. Upon Completion of Acquisition of Real Property transactions, documentation and recording of title the Contractor shall receive 3. Upon execution of construction contract and completion of pre-construction conference and for work including, but not limited to, work with engineer on preparation of bid package; bid opening/award; assistance with execution of construction contract; and conduct preconstruction conference. CEDA shall receive $5,000. 4. Through construction period for work including, but not limited to, work with contractors/subcontractors to monitor Davis-Bacon, civil rights and all other required compliance activities; continue project management; attend meetings; maintain communication among all parties, i.e., City, Department of Commerce, engineering firm, contractors, and others as needed; and conduct project monitoring, as needed. CEDA shall receive progress payments of$1,000 for a total of$5,000. 5. Through completion of the civil rights activities and documentation, the Contractor shall receive progress payments up to a total of $900 6. Through completion of Section 504 Activities, including a self-evaluation and transition plan, the Contractor shall receive progress payments up to a total of $977. 7. Through completion of the Fair Housing Plan and activities, the contractor shall receive progress payments up to a total of ---PAGE BREAK--- The total amount paid in progress payments as listed above shall not exceed ninety (90) percent of the total compensation sum. Final Payment: City shall pay the final $9!5 of the Contract sum upon CEDA's written requisition when all the above services are completed; Department has monitored the project files and cleared any and all monitoring findings; the Contractor has prepared and submitted the Final Report for the closeout of the grant. Penalty: The contractor shall lose $915 or 5% of the total contract amount whichever is greater for each Finding of Non-Compliance or Finding of Violation attributable to the Contractor's performance. Peiformance of Staff: The CEDA will be responsible for the successful performance and completion of services by assigned staff as specified in the scope of work. CEDA will certiJY staff work is complete and in compliance with all ICDBG program requirements prior to requesting payment for services. ---PAGE BREAK--- Grantee: Grant#: Project: CLEARWATER ECONOMIC DEVELOPMENT ASSOCIATION ADMINISTRATIVE PLAN The City of Moscow ICDBG # 01-11-5-PF 1912 Building The City of Moscow is the grantee for this project and will not sub-grant to anyone else. The City of Moscow is designated herein as the City. The City has the overall responsibility for the project and will contract with CleaJWater Economic Development Association (CEDA), hereinafter designated as "Contractor," for grant administration services. The Contractor will fulfill the administration requirements of the Idaho Community Development Block Grant# 01-11-5-PF awarded to the City of Moscow in May 2001. The Grant Administration Contract for ICDBG # 01-11-5-PF has been executed and is on file. The Administrative Plan for the City of Moscow Grant Administration Contract is detailed below. ADMINISTRATION PLAN Project Description: The project is to rehabilitate approximately 2,770 square feet of space on the ground floor, east wing of the 1912 Center (former Moscow high school building constructed in 1912) for the following uses: dedicated space for senior citizens for social, recreational, and leisure uses, as they may determine; dedicated space for people who are developmentally disabled, including recreational, social space and other uses as they may determine; accessible restroom; elevator; and hallway space. These improvements will constitute Phase 2 of a multi phase community center project, referred to as the 1912 Center. A. KEY CONTACT PERSON: Rebecca Patterson, CEDA Grants Administrator, certified, State of Idaho, Department of Commerce. ASSISTING: Eric Phillips, CEDA Grants Administrator, certified, State of Idaho, Department of Commerce B. PROCUREMENT:COMPLETED RESPONSIBLE PERSON: City of Moscow, Dale Pernula/Community Development Dept. Compliance with applicable laws and regulations covering procurement of all services associated with the project will be included in the project files. ---PAGE BREAK--- C. ENVIRONMENTAL REVIEW: In process RESPONSIBLE PERSON: Rebecca Patterson, CEDA CEDA will establish an Environmental Review Record File, complete an Environmental Assessment, determine the finding and publish the appropriate Finding and Request for Funds. CEDA will submit for the Release of Funds, with an attached Assessment and the State Historic Preservation Office response, to the Department of Commerce for approval. D. LABOR STANDARDS RESPONSIBLE PERSON: Rebecca Patterson, CEDA ASSISTING: Eric Phillips, CEDA & City of Moscow Community Development Dept. Staff Rebecca Patterson, with the assistance of Eric Phillips, will establish a Labor Standards Compliance File and assign responsibility to the General Contractor(s). A Bid Solicitation Summary will be submitted to the MBE/WBE accompanied by the publication notice. Current Davis-Bacon wage rates will be requested. Wage rates will be updated 10 days prior to bid opening. Contractor eligibility will be checked with the Idaho Department of Commerce before awarding contracts. Subcontractor eligibility will also be verified. Executed contract documents will be submitted to the Department of Commerce for review and approval. A Pre-construction Conference will be held with the contractor, subcontractor, architect, City officials and CEDA staff to discuss labor standard requirements and the overall project. Minutes and attendance list of the Pre-construction Conference will be kept on file. Notices of Contract awards and Notices to Proceed will be issued by the City. Rebecca Patterson, assisted by Eric Philips, will collect, review, and verify all payrolls; Eric and/or Rebecca, with assistance of City Community Development Department staff, will conduct worker interviews. CEDA will verify the information received against payroll records; investigate any discrepancies; and report all unresolved discrepancies to the Department of Commerce. During construction, meetings will be held periodically at the project site at the discretion of the City and attended by Eric or Rebecca, City representatives, the architects and the prime contractor(s). E. PROJECT DESIGN/PROJECT INSPECTION RESPONSIBLE PERSON: Laurence Rose, Design West Architects Design West Architects is responsible for project design and inspection during the course of construction. ---PAGE BREAK--- F. CIVIL RIGHTS COMPLIANCE RESPONSIBLE PERSON: Rebecca Patterson, CEDA ASSIST: City Fair Housing Committee Rebecca Patterson, CEDA, will establish a file containing the City of Moscow's Affirmative Action Plan, Community Profile, staffing minority status, and all material demonstrating minority population and the City's efforts in nondiscriminatory practices. The City will implement at least three of the Fair Housing activities. CEDA will submit MBE/WBE solicitation summaries and file Section 3 statements as required. The City will comply with activities related to Section 504 requirements including adoption of grievance procedures and policy of nondiscrimination. Finally, CEDA will guide the self­ evaluation and transition plan requirements for the City. G. FINANCIAL ADMINISTRATION RESPONSIBLE PERSON: Dona Lannon, CEDA ASSIST: Dale Pernula, City of Moscow Dona Lannon, CEDA will be responsible for the financial administration of the grant. Katherine Sink, City Finance Manager, will maintain a general ledger, cash receipts, and disbursement journal. Source documentation will be maintained and documents will be filed in accordance with the Department of Commerce Request for Funds Form and all budget revisions will be prepared and recorded. The Architect will authorize payment requests for the prime contractor. CEDA will review requests for payment, and the City Council or their designee, will approve all pay requests. H. MAINTAINING ACCOUNT/DISBURSEMENT OF FUNDS RESPONSIBLE PERSON: Katherine Sink, Finance Director, City of Moscow ASSIST: Dona Lannon, CEDA The City Finance Director, will be responsible for maintaining the account for grant funds and will also be responsible for disbursement of funds. I. RECORD KEEPING SYSTEM RESPONSIBLE PERSON: Rebecca Patterson, CEDA ASSIST: Eric Phillips, CEDA Rebecca Patterson, CEDA, will maintain the record keeping system at CEDA. Files will include all documentation required by the Idaho Department of Commerce as described in the ICDBG manual. An identical set of files will be set up by CEDA at the city hall and will be maintained by Dale Pernula, City Community Development Department. ---PAGE BREAK--- J. CITIZEN PARTICIPATION RESPONSIBLE PERSON: Rebecca Patterson, CEDA ASSIST: Dale Pernula, Community Development Dept. A citizen participation plan is included in the ICDBG application. At least one public hearing was held during the application process, and at least one more public hearing will be held during the construction phase of the project. K. AUDIT RESPONSIBLE PERSON: City Finance Director ASSIST: Dona Lannon, CEDA The City will be responsible for the audit of the ICDBG project. The audit will be conducted by a Certified Public Accountant. The audit will be made in accordance with OMB Circular A-87, and the Single Audit Act of 1984. The audit shall be submitted to the Legislative Service's Office, Legislative Auditor for review and approval within 30 (thirty) days of the audit's completion. L. REPORTING RESPONSIBLE PERSON: Dona Lannon, CEDA ASSIST: Design West Architects Dona Lannon will complete ICDBG progress reports with each draw down and report all faults, amendments and miscellaneous problems not resolved to the Department of Commerce. She shall see that all contract amendments, change orders, and amendments are reviewed by the Department prior to execution. The project architects shall assist as needed. ---PAGE BREAK--- . - I' - 4- G - v . .uuue;c" Community Development Project Budget p _ro N ect , I LINEITEMS ICDBG City City Federal• State* Local* Private Private Other Other I In Kind Cash In Kind i Cash Cash In Kind Cash Administrative v 22,292 . } ( Expenses/Publications** II Project Planning and Design Land, Structures, Rights of Way Architecturai!Engineering 82,170 Base Fees Inspection Fees Relocation Expenses Relocation Payments to Businesses & Individuals Demolition and Removal Construction and Project 200,625 252,205 Improvements Legal Audit TOTAL COSTS•• 222,917 334,375 . Identify fundmg source . **Administrative expenses and project planning design costs, when totaled, shall not exceed 10% of the total ICDBG ammmt , , Total 22,292 ' 82,17( I i 452,830 557,292 ---PAGE BREAK--- IT0-1983 2-98 W 27-132000-4 LOCAL PUBLIC AGENCIES CERTIFICATE OF RIGHT-OF-WAY OF A FEDERAL-AID PROJECT PART A The proposed construction project did not require the acquisition of additional real property rights. D Check here if Part A Pertains then skip to Part C and complete date/signature area of form below. (If not applicable, please complete Part B and Part C below.) PARTB The proposed construction project required the acquisition of additional real property rights. There was one ownership involved and no relocations of persons as a result of said acquisitions. I hereby certify that all acquisitions and relocations, if any, were performed in accordance with our assurances to comply with state and federal laws and regulations related to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amendments thereto. It is further certified that in all cases where the real property rights were obtained through donation, that the property owner(s) was fully informed of the right to receive just compensation and the owner has released our agency from its obligation to appraise the property in the event that the estimated value may exceed $2,500.00. PARTC X Check here if there is no utility involvement on this project. D Check here if arrangements have been made to coordinate the relocation of any/all utility facilities. Date: Agency: Cit of Moscow ---PAGE BREAK--- Clearwater Economic A August 21, 200 I City of Moscow PO Box 9203 Moscow ID. 83843-1703 Attn: Chris Bainbridge RE: Professional Services Contract Dear Chris: 1626 6th Ave. North Lewiston, Idaho 83501 (208) 7 46-0015 Fax (208) 746-0576 Enclosed please find the executed original "Professional Services Contract," between Clearwater Eeonomic Development Association and the City of Moscow. Should you need anything further, or have any questions please feel free to contact me. Becky PÏtt<>r•,,.,n Community Development Specialist En c. ---PAGE BREAK--- IDAHO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TITLE: 1 9 1 2 Center CONTRACT NO.: ICDBG 0 1-II-5-PF This Contract is made and entered into between the Department of Commerce, State ofldaho, hereinafter called the DEPARTMENT, and the City of Moscow, hereinafter called the GRANTEE. TERLV1S AND CONDITIONS Article I - Period of Performance The project work to be completed hereunder shall be accomplished from the effective date of May 3, 2001 , and shall continue up to and including project closeout, completion of the project shall follow the schedule shown in the requirements set forth in the documents titled Attachment B and Attachment C, unless otherwise amended. Article II - Grant Amount The maximum amount ofldaho Community Development Block Grant (ICDBG) assistance hereby awarded is $222,917.00. The GRANTEE hereby agrees to provide $334,375.00 in the form of local match local, state or other allowed federal contributions) for the purposes of completing this project. In the event costs exceed above the total dollars budgeted for the project, the grantee shall be responsible for finding the additional funds. The DEPARTMENT shall not provide additional grant funds to pay cost overruns. The GRANTEE shall adhere to the budget as outlined in Attachment A, unless otherwise amended. The GRANTEE shall deposit all ICDBG funds for financing the project in a non­ interest bearing account. ICDBG funds cannot be shifted to new activities or between approved activities without an amendment to the Scope of Work and Budget. The use ofiCDBG funds for administrative costs is limited to a maximum of 10% of the total ICDBG funds awarded by this contract. Article III - Pavments The GRANTEE may periodically request grant funds up to 1 00% of the value of work performed for all items in the ICDBG budget, except for the audit and the construction line items as provided in the paragraphs below. If the DEPARTMENT is satisfied with the request, the DEPARTMENT will pay the ICDBG amount requested within thirty (30) days of the receipt of the request. Payment for all construction contracts in excess of $2,000 shall be up to ninety-five percent (95%) of the total dollar amount of the construction contract as awarded and as shown in the budgeted line items in Attachment A Budget. The DEPARTMENT, pending the GRANTEE'S Ciry of Moscow ICDBG 01-11-5-PF Page 1 ---PAGE BREAK--- certification of final inspection and acceptance of work, will hold the remaining five percent The GRANTEE must determine that federal labor standards and all applicable laws have been satisfied and all contract files are complete. This determination shall be verified upon the GRANTEE'S submittal of specific documents as determined by the DEPARTMENT or upon DEPARTMENT monitoring of the GRANTEE'S files. The GRANTEE shall certify that all work that is billed to the DEPARTMENT is complete at the time of the billing. The GRANTEE shall be responsible for any discrepancy or error in billing or documentation. The GRANTEE'S request for payment of the audit shall be submitted with the final audit report. Payment of the audit line item shall be made upon acceptance and approval of the audit by the Legislative Services Office, Legislative Auditor. Article IV - Work Performance The project activities to be accomplished under the conditions of this contract are outlined in the Scope of Work, as described in Attachment B. Article V - Financial and Progress Reports In the performance of this contract, the GRANTEE shall keep books, records, and accounts of all activities related to the provisions of this contract. On each interim request for funds submitted to the DEPARTMENT, the GRANTEE shall certify the information is true and correct based upon the GRANTEE'S official accounting records. The GRANTEE shall also submit a final financial report that details costs incurred by line item as described in the project budget. This report shall be submitted upon completion of the project funded under this contract. The GRANTEE shall submit interim performance reports as specified in the Scope of Work, Attachment B. A detailed written final report with documentation of the activities carried out and benefits generated shall be submitted to the DEPARTMENT at the conclusion of the project. Article VI - Amendments The DEPARTMENT may amend this contract on its own initiative or at the request of the GRANTEE to reflect changes in the Scope of Work, Design or Budget of the project. Such changes shall be mutually agreed upon, and evidenced by a written contract amendment. In no case shall the nature or purpose of the project be amended from what was generally described in the application and was the basis for selection of the project except as provided in the ICDBG Administrative Rules IDAPA 48.01.0 1 . No changes in Scope of Work, costs or services shall be effective until approved in a written contract amendment signed by both parties. Article VII - Subcontracts The GRANTEE shall notify the DEPARTMENT and forward for prior approval all contracts and subcontracts under this Grant. Upon showing the Grant has complied with the prerequisites and requirements of the ICDBG program, the DEPARTMENT shall issue its approval to proceed with the subcontract. All amendment(s) to subcontracts shall have DEPARTMENT City of Moscow OJ iIl-5-PF Page2 ---PAGE BREAK--- approval betore they are effective amendment(s). The contractors and subcontractors must comply with all applicable state and federal laws and regulations. All subcontracts shall contain the same obligations imposed upon the contractor by this Grant Article VIII - Audit and Monitoring The GRANTEE shall provide the DEPARTMENT with an annual financial audit in accordance with OMB Circular A-133 and the Single Audit Act of 1 984. The audit shall be completed by a certified public accountant during the regular annual audit cycle. The GRANTEE shall provide annual audits through the last fiscal year grant funds are expended. The DEPARTMENT may monitor and make periodic inspections and evaluations of the project and all its books and records pertaining to the project. The GRANTEE shall make available to the DEPARTMENT the books and records during regular working hours. These books and records shall be maintained for at least three years following close-out of the project. Each GRANTEE that provides a portion of their Idaho Community Development Block Grant in any fiscal year to a subgrantee, such as a special district or a non-profit organization, shall require the subgrantee to meet the audit and monitoring requirements of Circular A-133 or Circular A- l l 0. The GRANTEE shall be responsible for monitoring any sub grantee for compliance with all federal and state laws and regulations including the audit requirements. Representatives of the Secretary of Housing and Urban Development (HUD the Inspector General or the General Accounting Office shall have access to all books, accounts, reports, files, and other papers, things or property belonging to or in use pertaining to the administration of this grant and receipt of assistance. Article IX - Termination The DEPARTMENT shall have the right to terminate this contract in whole or in part, at any time before the date of completion, whenever it is determined the GRANTEE has failed to comply with the conditions of the contract. The DEPARTMENT shall notifY the GRANTEE in writing of the determination and the reasons for the termination and the effective date. The DEPARTMENT may cancel this Grant at any time with or without cause upon thirty (30) days written notice to the GRANTEE specifYing the effective date of the termination. The DEPARTMENT and the GRANTEE will coordinate the orderly wind up of work, transfer of work, and payment for work undertaken under the Grant. The GRANTEE shall not undertake any work without first obtaining approval of the DEPARTMENT. Article X - Special Warranty Other than the Grant award, the GRANTEE warrants that nothing of monetary value has been given, promised or implied as remuneration for entering into this contract. The GRANTEE further declares no improper personal, political or social activities have been used or attempted in City of Moscow /CDBG 0/ -11-5-PF Page3 ---PAGE BREAK--- an effort to influence the outcome of the competition, discussion or negotiation leading to the award of this contract. Article XI - Relationship of Contracting Parties The contracting parties agtee that no employer-employee relationship is established between the DEPARTMENT and the GRANTEE by the terms of this contract. The GRANTEE further indemnifies the State of idaho and the DEPARTMENT and holds them harmless against any and all suits, actions, claims or losses of every kind, nature, and description, including costs, expenses, and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the GRANTEE that may arise out of this agteement on its performance. Article XII - Conflict oflnterest No official or employee of the GRANTEE or the DEPARTMENT shall have any direct or indirect financial interest in the project. Article XIII - Project Sign After the notice to proceed with construction is issued, and prior to construction, GRANTEES and Subgrantees will, unless otherwise directed, erect a sign located prominently at the project site for all major construction projects. The sign shall describe the project, identify funding sources, and credit the Governor, the DEPARTMENT, architect or consulting engineers, contractor, and principal subcontractors, and any other agency involved in funding. The sign must contain the statement the project is funded in whole or in part with funds provided by the U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). The lettering of all funding contributors to the project shall be the same size. The project sign shall be constructed according to (or equal to) the following requirements: The sign must have equal bands of red, white, and blue. Four inch high lettering for "U.S. Department of Housing and Urban Development" is also required. The sign is to be 4' x 8' of 3/ 4" exterior gtade MDO plastic sealed plywood, framed with suitable metal edge moldings for prevention of delamination. Paint with three coats of exterior trim or sign enamel. Also, employ sign painter approved by the GRANTEE to apply lettering, as directed, over the three coat finish. At least two additional coats are required for the lettering work. Secure sign to nominal 4" x 4" x 12' pressure treated wood posts set 4' - 0" into gtound with concrete surrounding each post. All letters should be in block form. Article XIV - Federal Regulations and Assurances All conditions and assurances required of the DEPARTMENT by Title I of the Housing and Community Development Act of 1 974, P.L. 93-383, as amended, are binding on the GRANTEE, its subgtantee, contractors, and subcontractors. The GRANTEE shall also comply with all terms and conditions of Federal Grant Number B-01-DC-16-0001 and all applicable federal laws and regulations including but not limited to: 24 CFR, part 570 Community Development Block Grants; 24 CFR, Part 58 Environmental Review Procedures for Title I Communitv City of Moscow ICDBG 01·11·5-PF Page4 ---PAGE BREAK--- Development Block Grant Programs; OMB CircularsA-87, A-102, A-122; and the Single Audit Act of 1984 and OMB Circular A-1 33, the Acquisition and Relocation Act, and Attachment C "Community Development Block Grant Assurances." Both parties shall adhere to the statutes and regulations of the State ofldaho. APPROVED: STATE OF IDAHO Department of Commerce Director / i Date CITY OF MOSCOW Date For Internal Use of the Department 1 Peter Blickenstaff, Admi Division of Rural and Co Lisa Robbins Financial Manager Ciry of Moscow ICDBG 01·11·5-PF Reviewed and Approved rator nity Development " Date Date Page 5 ---PAGE BREAK--- I Applicant: City of Moscow Project: 1912 Center LINE ITEMS Administrative Expenses* Land, Structures, Rights of Way Project Planning/Design Architectural/Engineering Base Fees Project Inspection Fees Property Acquisition Interest/legal Archaeological Fees Demolition and Removal Construction and Project Improvement Audit I Total Costs Remarks: I ATTACHMENT A BUDGET COMMUNITY DEVELOPMENT PROJECT Project No.: ICDBG OI-Il-5-PF AMOUNTS ICDBG Grant Private Cash $22,292 $82,170 $200,625 $252,205 $222,917 I $334,375 I $0 [ $0 "'Administrative expenses & project planning design costs when totaled shall not exceed 10% of the amount. City of Moscow ICDBG 01-11-5-PF Total $22,292 $0 $0 $82,170 $0 $0 $0 $0 $0 $452,830 $0 I $557,292 I Page6 ---PAGE BREAK--- I. Project Description ATTACHMENT B SCOPE OF WORK ICDBG-0 1-Il-5-PF Idaho Community Development Block Grant (ICDBG) funds will assist the City of Moscow to: 1) contract out for block grant administrative services, and 2) contract out for construction services for the renovation to the 1912 Center. II. Project Schedule Professional Services Grant Administration Contract Engineering Services Contract Environmental Review and Clearance Appoint Review Officer Start Review Process Environmental Clearance/Release of Funds Grant Administration Plan Construction Activities Bid Document Review 1 0 Day Wage Update Bid Opening Debarred Check Preconstruction Start of Construction Construction 25% Construction 50% Construction 7 5% Construction Complete 504 Compliance Adopt Non Discrimination Policy Adopt Grievance Procedure Establish 504 Review Committee Update Self Evaluation & Transition Plan Fair Housing Compliance Adopt and Publish Fair Housing Resolution Establish Fair Housing Committee Complete Analysis of Barriers Report City of Moscow ICDBG 0/-/1-5-PF Completed Completed Completed Underway August 2001 August 2001 September 2001 September 2001 September 200 1 September 2001 September 2001 October 2001 November 2001 December 2001 January 2002 February 2002 Underway Underway Underway Underway Completed Completed Underway Page 7 ---PAGE BREAK--- Monitoring Visit Final Report Closeout Audits Ill. Progress Report Schedule April 2002 April 2002 May 2002 September 2002 Progress Reports will be submitted to the DEPARTMENT on an approved form with each Request for Funds. Approval of each Request for Funds will be based on the content of the Progress Report. If regular Requests for Funds are not submitted, Progress Reports will be due upon request of the DEPARTMENT. IV. Project Benefits Renovations to the building will provide permanent and larger recreation and social space for building patrons. This will help to improve patron's social and leisure interaction opportunities. Installation of a elevator will provide accessible access to the different building levels and restroom renovations will make them handicapped accessible. V. Special Conditions Eligible project costs incurred prior to the contract effective date will be reimbursed with the approval of the DEPARTMENT. VI. Administrative Requirements The GRANTEE shall be responsible for completing all applicable administrative requirements. An Administrative Plan is required. This plan should include the delegation of each responsibility listed here. Any responsibility to be fulfilled by a contractor should be specifically listed in the contract. In addition to these requirements, there may be additional requirements contained in the Grant Administration Manual published by the DEPARTMENT. The list is not intended to be exhaustive, but is intended as an outline of the major areas of administrative responsibility. A. An Administrative Plan shall be developed by the GRANTEE outlining the chain of responsibilities and authority in executing the grant project. This plan shall detail the division of grant management activities to particular persons, offices, agencies or contractors. The DEPARTMENT must approve the plan. B. Environmental Review: l . Establish an Environmental Review Record file. Complete an Environmental Assessment. City of Moscow ICDBG 01-I/-5-PF Page8 ---PAGE BREAK--- 3. Make Environmental finding. 4. Publish the appropriate Finding and Request for Funds (ROF). 5. Submit ROF, with Assessment, State Historic Preservation Office letter to the DEPARTMENT for review and approval. C. Construction Administration: I. Establish Labor Standards Compliance file and assign responsibility. 2. Request current Davis-Bacon wage rates before advertising for bids. 3. Submit bid documents to the DEPARTMENT for review and approval, thirty (30) days prior to bid advertisement. 4. Update wage rates ten (1 0) days prior to bid opening. 5. Check contractor eligibility with the DEPARTMENT before awarding contract (Federal Debarred List). 6. Document subcontractor eligibility and Davis-Bacon certifications. 7. Hold preconstruction conference with contractor specifically to discuss labor standards requirements and other grant requirements. Submit signed minutes to the DEPARTMENT. 8. Collect, review, and verify all payrolls. 9. Conduct worker interviews and verify against payrolls. 10. Report all payroll discrepancies to the DEPARTMENT. D. Civil Rights Compliance: I. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community Profile, GRANTEE work force composition or other documents and statistics that demonstrate the GRANTEE'S efforts to benefit citizens protected under Civil Rights Laws. 2. File signed Section 3 Clause and comply with GRAt"iTEE Section 3 Plan. 3. Comply with other Equal Employment Opportunity Contractor clauses and certifications. 4. Submit MBE1WBE Solicitation Summaries for all solicitations for services, supplies or construction bids. City of Moscow /CDBG OJ-11-5-PF Page 9 ---PAGE BREAK--- 5. Implement, at a minimum, the required activities in the Fair Housing Resolution. 6. Implement, at a minimum, Section 504 requirements; adopt and publish Section 504 Policy on Nondiscrimination; adopt grievance procedures if required; and complete and/or update a self-evaluation and transition plan. E. Accounting Requirements: I. Maintain a general ledger for the ICDBG grant funds. It must show expenditures by budget categories and by other funding sources. 2. Maintain cash receipts and cash disbursements journals. 3. Maintain source documentation and file documents with Request for Funds form. 4. Accounting and Allowable Costs must be in accordance with OMB Circulars A-102 and A-87 plus Treasury Circular 1075. F. Audits: I 1. 2. 4. Audit services shall be secured in accordance with OMB Circular A-1 02, Attachment 0. Audit shall be conducted according to OMB Circular A-133 and the Single Audit Act of 1 984, as may be amended. Audit shall he submitted to the Legislative Service's Office, Legislative Auditor for review and approval within thirty (30) calendar days of the audit's completion. ICDBG audit costs shall be allocated by the percentage ofiCDBG expenditures in each fiscal year audit. G. Reporting: l . The GRANTEE shall submit progress reports to the DEPARTMENT with each drawdown, or as required by the DEPARTMENT. 2. The GRANTEE shall report in writing to the DEPARTMENT any major compliance problems, performance problems, management problems, all construction commencement and completion, loan closings, defaults, etc. 3. The GRANTEE shall submit all contract amendments, change orders, and amendments to the DEPARTh1ENT prior to executing them. City of Moscow ICDBG OJ-1/-5-PF Page 10 ---PAGE BREAK--- ATTACHMENT C Community Development Block Grant Assurances I . Nondiscrimination Under Title V1 of the Civil Rights Act of !964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the GRANTEE shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer. This covenant shall prohibit discrimination upon the basis of race, color, religion, sex or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon. Providing that the GRANTEE is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This Agreement is also subject to the requirements under the Fair Housing Act Amendments of 1988 which has been expanded to cover handicapped persons and families with children. 2. TITLE VIII This Agreement is subject to the requirements of Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) and HUD regulations with respect thereto, providing it is the policy of the United States, within constitutional limitations, to provide fair housing, and prohibiting any person, in the sale, rental, financing or brokers of housing, from discriminating or in any way making unavailable or denying a dwelling to any person because of race, color, religion, sex or national origin. In the implementation of Title VIII, HUD is guided by Executive Orders 1 1063 and 12259, and 24 CFR parts 1 00 through 1 15, particularly Part 107. 3. Section l 09 This Agreement is subject to the provisions of Section 109 of the Housing and Community Development Act of 1 974 (P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race, color, national origin or sex to exclude any person from participating in or benefiting from any program or activity funded in whole or part with community development funds made available pursuant to the Act. Section 109 further incorporates the prohibitions against age discrimination contained in the Age Discrimination Act of 1 975 (42 U.S.C 6101 et seq.), and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 U.S. C. 794) as amended. 4. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in City of Moscow ICDBG 01-JJ-5-PF Page / 1 ---PAGE BREAK--- excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with the requirements of the Davis-Bacon Act as amended (40 U.S.C. 276a-276a- 5) and the Contract Work Hours and Safety Standard Act ( 40 U.S.C. 327 et seq.) as well as HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5.5, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided wage rates are higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the GRANTEE of its obligations, if any, to require payment of the higher rates. The GRANTEE shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of29 CFR 5.5. No award shall be made to any contractor who is ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract 5. Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and related laws, as furthered by HUD regulations contained in 24 CFR part 58. The GRANTEE hereby assumes responsibility for environmental review, decision-making, and other action under NEP A and related laws, in accordance with Part 58. 6. Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Urban Development Act of 1 968 (12 U.S.C. 1701u). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower-income persons residing within the unit oflocal government or the metropolitan area or nonmetropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns located in or owned in substantial part by persons residing in the same metropolitan area or nonmetropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 7. Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to HUD Lead-Based Paint regulations, 24 CFR Part 3 5. Any grants or loans made by the GRANTEE for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the GRANTEE shall be responsible for the inspections and certifications required under section 3 5 .14( f) thereof. City of Moscow 01-l/-5-PF Page 12 ---PAGE BREAK--- 8. Contlict of lnterest of Members, Officers or Employees of Grantee, Members of Local Governing Bodv or Other Public Officials: No member, officer or employee of the GRANTEE or its designees or agents, no member of the governing body of the locality the program is situated, and no p\Oblic official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one ( l ) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement The GRANTEE shall incorporate or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes of this section. 9. Prohibition Against Pavments or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance or HUD approval of applications for additional assistance or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of ! 974 , as amended or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. ! 0. Conflict ofinterest of Certain Federal Officials No member of or Delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from same. I I. Historic Preservation Act of 1 966 Historic Preservation Act of 1 966, as amended (16 U.S.C. 470 et seq.). 12. Additional Assurances The GRANTEE shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party of parties for the undertaking of all or any part of the program with respect to the assistance being provided under this Agreement. The GR.A.NTEE shall comply with all lawful requirements of the Grantor to ensure this Agreement is cartied out in accordance and with the obligations and responsibilities of the Grantor to HUD. City of Moscow ICDBG O/-ll-5·PF Page 13 ---PAGE BREAK--- 13. Requirements for Units of General Local Government A. Certifications Title I of the Housing and Community Development Act of 1974, as amended through 1983, Section 106(d) units of general local government must make certain certifications to the state. The certifying ofticial must have sufficient authority to make such certifications on behalf of the unit of government. The state may not distribute funds unless the unit of government has submitted certifications providing: l . [t will minimize displacement as a result of activities assisted with CDBG funds; 2. It will conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing; 3. It will provide opportunities for citizen participation comparable to the state's requirements (those described in Section l 04(a) of the Act, as amended); 4. It will not use assessments or fees to recover the capital costs of CDBG-funded public improvements from low and moderate income owner occupants; and 5. It will abide by all state and federal rules and regulations related to the implementation and management of federal grants. City of Moscow !CDBG 01-11-5-PF Page 14 ---PAGE BREAK--- August 15, 2001 Idaho Department of Commerce 700 West State Street P.O. Box 83720 Boise, Idaho 83720-0090 Attn: Dennis Porter RE: Idaho Community Development Block Grant Program Dear Mr. Porter: Enclosed please find a signed, original "Idaho Community Development Block Grant Program." We have retained one signed original for our files. Should you need anything further, please feel free to contact me. Sincerely, Chris Bainbridge City Clerk /cb Enc. Main City Hall Paul Mann Building P.O. Box 9203, Moscow, ID 83843·1703 206 East 3rd Street 221 East 2nd Street Phone (208} 883-7000 Phone (208} 883-7000 Hearing Impaired (208) 883·7019 Fax (208) 883-701 8 Fax (208) 883-7033 ---PAGE BREAK--- August 24, 2001 Clearwater Economic Development Association 1626 Sixth Avenue North Lewiston, Idaho 8350 I Attn: Becky Patterson RE: City of Moscow 1912 Center Project Dear Becky: Enclosed please find the following executed original documents: Idaho Department of Commerce confirmation Jetter Finding of Exemption Finding of Categorical Exclusion I have also enclosed a certified copy of the minutes of the Council meeting where you were approved as the Environmental Review Officer. Should you need anything further, please feel free to contact me. Sincerely, Chris Bainbridge City Clerk /cb En c. c: Dale Pemula, Moscow Community Development Director Main City Hall Paul Mann Building P.O. Box 9203, Moscow, 10 83843-1703 206 East 3rd Street 221 East 2nd Street Phone (208) 883· 7000 Phone (208) 883-7000 Hearing Impaired (208) 883-7019 Fax (208) 883-7018 Fax (208) 883-7033 ---PAGE BREAK--- August 20, 200 I Idaho Department of Commerce 700 West State Street P.O. Box 83720 Boise, ID 83720-2470 RE: City of Moscow, 1912 Center Project ICDBG 01 -II-5-PF To Whom It May Concern: This letter is to confirm that the City of Moscow has evaluated the finding made in the environmental report required for ICDBG project funding. The City has evaluated the grant project in relation to the finding (Categorical Exclusion) and concurs with that finding. Based on the City's evaluation of the project and the appropriate finding, the City hereby adopts the environmental report prepared by Clearwater Economic Development Association. Sin rely, /  Marshall H. Comstockor City of Moscow E:\Grants\ER Adopt ltr - grant 200l.doc-cb P.O. Box 9203, Moscow, ID 83843-1703 Main City Hal! Paul Mann Building 206 East 3rd Street 221 East 2nd Street Phone {208) 883-7000 Phone (208) 883· 7000 Hearing Impaired (208) 883-7019 Fax (208) 883-701 8 Fax (208) 883·7033 ---PAGE BREAK--- Finding of Exemption It is the finding of the City of Moscow, Idaho that the entire project included in its 200 I Idaho Community Development Block Grant, No. ICDBG 01-II-5-PF is exempt from the environmental requirements under 24 CFR 58.34 (a)(l2) because none of the other authorities under 24 CFR 58.5 require substantial compliance. The activities funded by the grant meet definitions of Section 58.34 Exempt Activities. Project Description: The CDBG portion of this project (phase II) is to rehabilitate approximately 2, 770 square feet of space on the ground floor, east wing of the 1912 center for the following uses: dedicated space for senior citizens recreational, social, meal site and leisure uses; dedicated space for programs for persons with developmental disabilities; improvements required for ADA accessible restroom, elevator and hallway space. The project consists solely of: Signed: A. Grant administration B. Project engineering C. Technical assistance activities D. Assistance for permanent improvements that do not alter environmental conditions and are limited to replacing and upgrading activities necessary only to control or arrest physical deterioration. E. All activities are found to be categorically excluded and do not require mitigation or compliance with the federal laws and HUD environmental standards and qualify under 24 CFR 58.34 Rebecca Patterson Typed Name Date Marshall H. Comstock Typed Name E:\Grants\finding of exemption - grant 2001 .doc-cb Main City Hall Paul Mann Building P.O. Box 9203, Moscow, 10 83843-1703 206 East 3rd Street 221 East 2nd Street Phone (208) 883-7000 Phone (208) 883· 7000 Hearing Impaired (208) 883-7019 Fax (208) 883-7018 Fax (208) 883-7033 ---PAGE BREAK--- Finding of Categorical Exclusion It is the finding of the City of Moscow, Idaho, that all activities included in grant # ICDBG-01-II-5-PF are categorically excluded from NEPA Environmental review requirements because they are defined as categorically excluded activities in Section 58.35. (See Environmental Review Record (ERR) for Documentation). Project Description: The CDBG portion of this project (phase II) is to rehabilitate approximately 2,770 square feet of space on the ground floor, east wing of the 1912 center for the following uses: dedicated space for senior citizens recreational, social, meal site and leisure uses; dedicated space for programs for persons with developmental disabilities; improvements required for ADA accessible restroom, elevator and hallway space. The project consists solely of: Renovations of public facilities which will replace or upgrade a substantially identical article without changing its use, size or capacity by 20%, or location (Section 58.35(a)(l). Completion of Compliance with Other Environmental Program Requirements: Main City Hall A. Floodplain and Wetlands: NA. The project is not located within any known high water mark or wetlands. (See Corps of Engineers letter.) B. Historic Preservation: (See SHPO letter) C. The Safe Drinking Water Act of 1974 (Sole Source Aquifer): The project will not affect any sources of water within the area. D. Endangered Species Act of 1973: According to U.S. Fish and Wildlife Service there are no species listed that could be impacted by this project. E. Wild and Scenic River Act of 1968: The project does not impact any rivers covered by the Wild and Scenic River Act. No adverse comments received. P.O. Box 9203, Moscow, ID 83843-1703 Paul Mann Building 206 East 3rd Street 221 East 2nd Street Phone (208) 883-7000 Phone (208) 883-7000 Fax {208) 883-7018 Fax (208) 883-7033 Hearing Impaired (208) 883-7019 ---PAGE BREAK--- F. Clear Air Act: The project does not add more than 10 tons of pollution to the air per year and is in compliance with the Clean Air Act. G. Environmental Justice: The project will not have adverse human health or environmental affect on minority and low-income populations. H. Other HUD Regulations: The project is in compliance with the additional HUD regulations: + Noise Standards 24 CFR SIB: Noise sensitive issues are not affected by this project. The project will comply with HUD noise sensitive land use guidelines dated 1979 by the U. S. Department of Housing and Urban Development. No adverse comments received from affected agencies. + Sitting Near Hazards 24 CFR 5 1 C: No adverse impact. No adverse comments from affected agencies. + Airport Clear Zone Standards: NA--This project will have no effect on airport clear zones. I. Farmland Protection Act 7 CFR Part 658: This project will not affect any farmland. No adverse comments from affected agencies. The project is in compliance with the requirements. Signed: Environmental Review Officer Rebecca Patterson Typed Name Date Marshall H. Comstock Typed Name Date E:\Grants\Finding of Categorical Exclusiongrant.doc-cb ---PAGE BREAK--- CITY OF MOSCOW MINUTES OF CITY COUNCIL REGULAR MEETING August 6, 2001 Mayor Comstock called the meeting to order at 7:30 p.m. in the Council Chambers. Attendance: Councilmembers: Linda Pall, JoAnn Mack, Steve Busch, Peg Hamlett, Mike Thomason, Jack Hill Staff Present: Gary J. Riedner, City Supervisor Randy Fife, City Attorney Mark Cook, Public Works Director Dale Pemula, Community Development Director Dan Weaver, Police Chief Katherine Sink, Finance Director Stephanie Kalasz, Deputy City Clerk ! . Consent Agenda: Any item will be removed from the consent agenda at the request of any member of the Council and that item will be considered separately later. Approval by roll call vote. A. Approval of Minutes of July 16,2001 B. Change Order #2 - Wastewater Treatment Plant Phase III - Dean Weyen The attached change order increases the contract amount by $13,938.06. The contract adjustment has been requested by PK Contractors, and reviewed by Kevin Gardes of Kimball Engineering, the City's project engineer. Reviewed by Public Works/Finance Committee July 30, 200 I. ACTION: Approve change order and authorize increase in contract amount of $13,938.06 and authorize Mayor's signature thereon. C. Idaho Division of Aeronautics Grant for the Moscow-Pullman Airport - Robb Parish Attached is a grant agreement and resolution accepting the grant offer to be used under the Airport Development Aid Program Project No. PUW-2002 in the development of the Pullman­ Moscow Regional Airport. The Pullman-Moscow Airport is requesting that the City to accept the grant offer and agreement. Reviewed by Public Works/Finance Committee on July 30, 2001. ACTION: Approve grant agreement and resolution accepting grant offer and authorize Mayors' signature thereon. D. Resolution for Future Truck CMAQ Graut - Brant Kucera Last year the City agreed to sponsor the University of Idaho Future Truck grant application for $30,000 in CMAQ funding. Funds from the grant will be utilized to promote an educational effort in our region's schools and universities. In order for the University of Idaho to receive funding for the project, the Mayor must sign the attached agreement upon passage of the attached resolution. ACTION: Adopt resolution authorizing the Mayor to sign the Agreement for the City to sponsor the University of Idaho Future Truck grant. E. Community Development Block Grant - Dale Pemula Contract with Idaho Department of Commerce In June, the City of Moscow was awarded a hlock grant for $222,917 for Phase II of the !912 Center which includes space for senior citizens and developmentally disabled citizens. The enclosed contract would implement that award. Council Minutes August 6, 200 I Page I of6 ---PAGE BREAK--- 2. Contract with Clearwater Economic Development Assoc. to Administer an Idaho Community Development Block Grant The budget for Phase II of the 1912 Center included $22,272 for administration. A portion of those costs will be incurred by the City ($4,000 for compliance with Fair Housing requirements) while the remainder is anticipated to be paid to a consultant, CEDA, who was selected in January 2000 to administer the grant. 3. Appointment of Environmental Review Officer Recipients of Idaho Community Development Block Grants are required to establish an Environmental Review Record File, complete an Environmental Assessment, determine the finding and publish the appropriate Finding and Request for Funds. An Environmental Review office needs to be formally appointed to accomplish the task. ACfiON: Approve contract with Idaho Department of Commerce and authorize Mayor's signature thereon, approve enclosed contract with CEDA and authorize Mayor's signature thereon and appoint Rebecca Patterson from CEDA as the Enviromnental Review Officer relative to the Idaho Community Development Block Grant for Phase II of the 1912 Center Project. It was moved by Busch and seconded by Hamlett to approve the consent agenda. Roll Call Vote: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried 2. Public Hearing- 7:35 p.m. 200 I Budget - Katherine Sink 1be proposed budget is presented for consideration by the Council and to allow for public comment regarding the formal adoption of the fiscal year 2002 budget. The printed budget proposal incorporates departmental requests and represents the consensus of the Council at the budget workshop session held on July 1 6, 200 I . ACTION: A. After close of public hearing, make a motion for adjustments (if any) to the proposed budget; B. Adopt the annual budget by adopting the "Annual Appropriation Ordinance" under suspension of the rules requiring three full and complete readings and that the Ordinance be read by title only; C. Approve the "Dollar Certification of Budget Request to the Board of County Commissioners;" D. Authorize Mayor to sign the necessary documents. Sink explained the budget proposal as stated above. Mayor Comstock then explained the procedure of the hearing and formally opened the public hearing at 7:35 p.m. Mayor Comstock asked for testimony in favor, in opposition and for general testimony. The Deputy City Clerk read the following letter into the record: "July 17, 2001 Dear Mayor Comstock: Since I will be unable to attend the public bearing on the new City budget, I would like to submit the following comments for consideration by yourself and the City Council. I notice the budget contains almost $28,000 for operation and maintenance of the 1912 Building. While not a whole lot of money at this time, I believe I remember Randy Rice projecting this amount to rise to over 4150,000 annually once the building is completed. For a "free" building, this is quite alarming. Furthermore, this year's budget contains a $120,000 amount to renovate the present community space in the old post office building into city offices when senior citizen activities move to the 1912 Building. I would contend an expenditure as large as $120,000, directly created by a use of the 1912 Building, should be bome by donations to that building and not by the taxpayers of Moscow. Council Minutes August 6. 200 I Page2 of6 ---PAGE BREAK--- Your and the Council's consideration of my comments will certainly be appreciated. Yours truly, Walter M. Steed 1345 Ridgeview Drive Moscow, Idaho 83843" As no further testimony was offered, Mayor Comstock closed the public hearing at 7:37 p.m. It was moved by Pall and seconded by Hill to adopt Ordinance No. 2001-1 1, the "Armual Appropriation Ordinance" under suspension of the rules requiring three separate and complete readings, and that the Ordinance be read by title only; that the Dollar Certification of Budget Request to the Board of County Commissioners be approved; and that the Mayor be authorized to sign the necessary documents. Roll Call Vote: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. Mayor Comstock then read Ordinance No. 2001-1 1 by title only. 3. Ordinance Amending Mayor and Council Salaries - Gary J. Riedner Moscow City Code 1 -8-1 sets the process for amendment of salaries for elected officials. The code states that salary adjustments shall take place every two years. That code further states that such adjustment shall be made in accordance with the Consumer Price Index. During the FY2002 budget process, it was the Council consensus to adjust the armual Council salaries in proportion to the Consumer Price index (from $5,880 to $6,240), however, in light of the work demands of the Mayor's office, the Council proposed to increase the Mayor's armual salary from $ 1 1,760 to $18,000. This action requires the amendment of MCC 1-8-1 and 1 -8-2 in accordance with the attached draft ordinance. Reviewed by Public Works/Finance Committee and Administrative Committee July 23, 200 I . ACTION: Approve attached ordinance under suspension of the rules requiring three separate and complete readings and that the ordinance be read by title only. Mayor Comstock stated he has a potential conflict of interest, and asked Council President Busch to handle this agenda item while the Mayor left the room. Riedner explained the proposal as stated above. He also mentioned that city staff received a 2% COLA in 2001 ; and a 3.4% COLA for 2002. Therefore the amendment to the ordinance dictates that the council and mayor's salaries be increased by 5.4%. During this year's budget workshop, it was proposed that due to the work demands of the Mayor's office, the Mayor's annual salary be increased from $ 1 1,760 to $18,000 annually. Therefore, this action requires an amendment to Moscow City Code. These changes, if approved, will be effective approximately February 1, 2002. It was moved by Hill and seconded by Mack to approve Ordinance 2001-12 under suspension of the rules requiring three separate and complete readings, and that the Ordinance be read by title only. There was brief discussion concerning the Mayor's duties and expectations of that position. Roll Call Vote: Ayes: Hill, Thomason, Busch, Mack. Nays: Hamlett, Pall. Abstentions: none. Motion carried. Council President Busch read the Ordinance by title only. Mayor Comstock re-entered the meeting. Council Minutes August 6, 2001 Page J of6 ---PAGE BREAK--- 4. University ofldaho Comprehensive Parking Agreement - Randy Fife Based on the conditions set forth by Council on July 1 6, 200 I , City staff was directed to draft a memorandum of understanding to implement the University of Idaho comprehensive parking plan and present it to Council for approval on August 6'h ACTION: Approve memorandum of understanding to implement the University of Idaho Comprehensive Parking Plan or take other such action deemed appropriate. Fife explained the proposal as stated above, adding that the Memorandum of Understanding includes the features stated in the motion for this item made at the previous council meeting, including reporting obligations, and a "hold harmless indemnification and duty to defend" provision. Fife also explained that if approved, the University is ready and willing to sign the agreement. It was moved by Thomason and seconded by Hill to approve the Memorandum of Understanding to implement the University ofldaho Comprehensive Parking Plan. Roll Call Vote: Ayes: Mack, Hamlett, Thomason, Hill. Nays: Pall. Abstentions: None. Motion carried. 5. Agreement with Latah County for Trail Acquisition - Gary J. Riedner The Palouse Trail east of Styner Avenue is located upon the former railroad right-of-way. Both the City and Latah County possess deeds on the property. To eliminate any potential property disputes and to assure record ownership of the Palouse Path, Latah County has agreed to deed the City Latah County's interest in the former railroad right-of-way east of Styner Avenue to Lenville Road. The deed will require that the land be used for a public bicycle/pedestrian path. Reviewed by Public Works/Finance Committee August 6, 200 I . ACTION: Accept the deed from Latah County or take such other action deemed appropriate. Riedner explained that the bike path east of Styner A venue has two deeds. The City received a deed from the adjacent property owners and we have obtained enhancement funds to improve that piece of property (from Styner Avenue through the eastern City limits just before Carmichael Road). The Railroad released its interest to a salvage company which in tnrn negotiated with Latah County for passing the railroad right-of-way through the City of Troy to Latah County. The Salvage Company issued a warranty deed in favor of Latah County. We have a quit claim deed from the adjacent property owner. Because our plans are to improve the property for a bicycle/pedestrian path (which will connect to Latah Trail), Latah County has agreed to deed us their interest in that same piece of property, with certain provisos: ( l) the County would like to have us take over the property from the railroad property east to Lenville Road rather than to just before Carmichael Road; we would also assume responsibility for improving that area to a bicycle/pedestrian path sometime in the future. City Public Works Director is currently working with ITD to get the boundaries of the project adjusted. Riedner said that lTD is waiting for environmental assessments for the same property. We are asking Council to accept the property and the revised deed although there are some issues which must be cleared with Latah County regarding the passage of the property. Pall, in speaking for Public Works/Finance Committee, said they recommend accepting the deed with one change in the draft wherein it states that the City would develop and construct upon the property, a bicycle/pedestrian path within a certain period of time. Pall stated the "certain period of time" clause be omitted from the deed. She added that the City will move as expeditiously as possible as soon as funds are available. Council 1'.-linutes August 6. 200 I Page4 of6 ---PAGE BREAK--- It was moved by Pall and seconded by Mack to accept the Deed from Latah County witb the above­ mentioned reservation in the draft language. Riedner mentioned the estimated cost to extend the path to Lenville is $25,000; and that we do have the opportunity to apply for State Parks and Recreation grant funding and for further enhancement funds from ITD. If this is accepted, the City would also annex the property and the adjacent Highway 8. Roll Call Vote: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. 6. Bid Results Mountain View Road Street to Paradise Creek Bridge - Dean Weyen On August 3, 2001, staff received bid results for continuation of the improvements to Mountain View Road. There were two bids received, Motley and Motley ($268, 726.20) and Poe Asphalt ($278,127.20). The engineer's estimate of the project is $227,333.61 . Budget for the project is $1 82,000. Staff recommendation is to reject bids. A memo outlining the staff recommendation will provided at the Committee meeting. Reviewed by Public Works/Finance Committee August 6, 200 1 . ACTION: Review staff recommendation and take such action deemed appropriate. Cook explained the outcome of the bid results as indicated above. Cook continued by stating that $200,000 was originally budgeted for this phase of construction. As each of the two bid responders' bid was significantly in excess of that budgeted, and due to the busy construction season, it is staffs recommendation to reject all bids at this time, to go into the next design phase of Mountain View, and to have the next phase completed and ready for bid perhaps in January or February 2002. Pall in speaking for Public Works/Finance Committee, said that committee members were disappointed in this outcome, but do recommend rejection of bids for the reasons stated by Cook above. It was moved by Pall and seconded by Busch to reject all bids. Roll Call Vote: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. APPOINTMENTS: Mayor Comstock proposed the following appointments: 1 . Gary Riedner to the Latah Economic Development Council It was moved by Pall and seconded by Busch to approve the above appointment. Vote by Acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. 2. Bill Lambert and Shaun Maxey to the Planning and Zoning Commission It was moved by Busch and seconded by Hill to approve the above appointments. Vote by Acclamation: Ayes: Hill, Thomason, Hamlett, Busch, Mack. Nays: None. Abstentions: Pall. Motion carried. 3. Roger Blanchard as Community Forestry Administrator After a brief explanation by Riedner of the proposed appointment, it was moved by Thomason and seconded by Hamlett to approve the above appointment. Vote by Acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. COMMITTEE REPORTS: Mayor: Mayor Comstock reported that due to scheduling conflicts, the City picnic will be rescheduled to Thursday, September 6, 200 I , from 4 p.m. to 7 p.m. at the Aquatic Center. Council Minutes August 6, 2001 Page5 of6 ---PAGE BREAK--- Administrative Committee: Hamlett mentioned that the committee was brought up to date on the proposed annexation policy, which resolution will be brought back to council next meeting, with the Annexation Ordinance scheduled for the second meeting in September. Public Works/Finance Committee: Pall said the committee discussed potential change orders and the timing of those concerning the Wastewater Treatment Plant, and mentioned the approval of the $34,000 change order for the plant. Planning and Zoning Commission: Hill said the commission approved a variance and special use permit for a zoning variance request at Robinson's Mobile Home Park. Bicycle Committee: Thomason reported that the next meeting will include a bike tour. Transportation Commission: Thomason reported that at the last meeting, Cook discussed his draft scope of work with the Commission. Also mentioned was the Gritman expansion and possible impacts on Street. The draft scope of services was outlined by Pernula for the Public Transportation Study, which included four tasks: ( 1) a public opinion assessment; economic forecast for system support; inventory of possible funding sources; and ( 4) final summary report. The draft corridor study was also briefly mentioned. Jerry Schutz was elected as second vice-chair. Moscow Arts Commission: Hamlett said plans are underway for the grand opening of the Great Room in the 1912 Building, currently scheduled for October Palouse Basin Aquifer Committee: Busch reported that this Committee met July 19, with a technical sub-committee meeting held August 1 . The Committee is deciding on how best to spend the $100,000 grant recently received; and how to enhance/recharge the lower aquifer. Historic Preservation Commission: Busch mentioned the upcoming Ice Cream S ocial and asked for other council members' consideration to volunteer as ice cream servers. Parks and Recreation Commission: Mack reported that the Parks and Recreation annual report is now available, and she mentioned some of the highlights of the year: opening of the skate park, the dog park, and continuing programs. National League of Cities: Pall reported on her trips and meetings of the NLC in Detroit and Newark, and she distributed special gifts to councilmembers and staff. There being no further business, it was moved, seconded and unanimously agreed to The meeting adjourned at 8:31 p.m. Council Minutt..>s August 6, 200 I Page6 of6 ---PAGE BREAK--- CITY OF MOSCOW OFFICE OF CITY CLERK I, Christine Bainbridge, City Clerk of Moscow, Idaho, do hereby certifY that the attached is a true and correct copy of City of Moscow Minutes of Regular Meeting of Moscow City Council August 6, 200 I. Witness my hand and official seal this 24'h day of August, 200 I. ---PAGE BREAK--- 700 West State Street DIRK KEMPTHORNE Governor P.O. Box 83720 Boise, ID 83720-0093 Phone: (208) 334-2470 FAX: (208) 334-263 1 GARY MAHN Director DEPARTMENT OF COMMERCE http ://www. idoc.state.id. us Date: 8/30/2001 To: The Honorable Marshall Comstock Mayor, City of Moscow P. 0. Box 9203 Moscow, ID 83843- 1 703 From: Dennis Porter  ICDBG-0 1 -II-5-PF Regarding: THE FOLLOWING DOCUMENTS HAVE BEEN PROVIDED TO YOU FOR YOUR: Review: IQI Action: IQI Signature : IQI IQj CONTRACT IQj EXECUTED CONTRACT IQj CONTRACT AMENDM ENT IQj EXECUTED AMENDMENT IQj ENVIRONM ENTAL RELEASE FINDING OF EXEMPTION IQj SUBCONTRACT APPROVALS IQj ADDITIONAL CLASSIFICATION IQj CONTRACT AWARD APPROVAL IQj BID DOCUMENT APPROVAL (Sign both copies and return to our office.) (Retain document in your project file.) (Sign both copies and return to our office.) (Retain document in your project file.) (Retain document in your project file.) (Retain document in your project file.) (Retain document in your project file.) IQj PHONE CONVERSATION FOLLOW UP IQj OTH E R   ,u w I COMMENTS: cc: Rebecca Patterson, CEDA IDAHO ---PAGE BREAK--- DIRK KEMPTHORNE Governor 700 West State Street P.O. Box 83720 Boise, ID 83720-0093 Phone: (208) 334-2470 FAX: (208) 334-2631 GARY MAHN Director http://www.idoc.state.id.us DEPARTMENT OF COMMERCE Idaho Community Development Block Grant Date: August 30, 2001 MEMORANDUM TO: The Honorable Marshall Comstock Mayor, City of Moscow P.O. Box 9203 Moscow, Idaho 83843-1703 FROM: Idaho Department of Commerce RE: Concurrence on Finding of Exemption ACTIVITY: To rehabilitate 2,770 sq. ft. of the 1912 Center to provide permanent and larger educational, social, and recreational space for the building patrons. Installation of an elevator and renovation to existing bathrooms and hallways will provide for the building to meet accessibility requirements. AMOUNT: $ 557,292 On August 29, 2001, this office received your Finding of Exemption. We have reviewed it and concur with the finding for the above-described activities. This memo concurs that environmental requirements on Grant No. ICDBG -01-II-5-PF are in compliance. Date c: Rebecca Patterson, CEDA IDAHO