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HomeMy WebLinkAboutNeighborhood Housing (dba) neighborhood works CDBG grant funds Yr 2021 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES , INC. , DBA NEIGHBORWORKS BOISE FOR PROGRAM YEAR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement ("Agreement") is entered into this 21 '�4 day of OeCeA�nlber 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc. , DBA NeighborWorks Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient") . WHEREAS , City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93 - 383 , i. e. , Community Development Block Grant ("CDBG") funds ; and WHEREAS , pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient : grant no . 13 -21 -MC- 16-0006 , awarded by HUD on November 3 , 2021 ; WHEREAS , the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements ; and WHEREAS , it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City' s Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD ' s release of such funds to City; and that City' s obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds ; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows : I. STATEMENT OF WORK A. Activities. Subrecipient shall use City' s subaward of CDBG funds in an amount not to exceed One Hundred Seventy- One Thousand dollars ($ 171 , 000) . Subrecipient will be responsible for administering a homeowner repair program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds . This project is eligible under ( 14A) Rehabilitation : Single-Unit Residential and ( 14H) Rehabilitation Administration . CDBG Funds will be used to reimburse for labor, materials, other costs of rehabilitation of properties, and all delivery costs directly related to carrying out housing rehabilitation activities . The primary administrative office is located at 3380 W. Americana Terrace, Ste 120 , Boise, Idaho . See Attachment 1 for a map of the service location. B . National Objective. Subrecipient certifies that the activities carried out using the City' s CDBG funds provided by City under this Agreement will meet one or more of the CDBG program' s National Objectives as defined in 24 CFR § 570 .208 (a) (2)(i) . PY21 SUBRECIPIENT AGREEMENT - NEIGHBORWORKS BOISE PAGE 1 OF 40 Item#9. C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 15 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "Households." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at rid i.uicit�.org.cdbg . D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty (30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after October 1, 2021 and end on September 30, 2022. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these PY21 SC1aREcmFNT AGREEMENT--NFIGHBORWORKs BOISF: PAG,2 Ot 4� Page 234 Item#9. regulations, except that (1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and Iocal laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. 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 Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days(14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at littps://me ridiaiicitv.org/cdb,,i Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS Bo1SE PAGE 3 OF 4� Page 235 Item#9. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix 11, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed One Hundred Seventy-One Thousand dollars($171,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BoisE PALL 4 OF 4� Page 236 Item#9. Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://iiieridiatticitv.(,rt)/cdb,�/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2022 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at iittps-umei,iai]IlcitN7.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management ("SAM") and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 5 OF 4� Page 237 Item#9. an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3)and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; PY21 SUBRECIPIENT AGREEMENT- NEIGHBORWORKS Bo[SE PAGE 6 OF 4� Page 238 Item#9. e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR ti 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart F of this par and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section(C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. 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. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGY 7 0}4� Page 239 Item#9. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. 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. § 701 et seg.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City'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 funds. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. 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 Opportunity or Affirmative Action employer. 1. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 8 OF 4Q� Page 240 Item#9. determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act;the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and 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 pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers;provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section(E),the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this 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 whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section(F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in PY2 I SUBRECIPIENT AGREEMENT-NEIGHBORWORKS Bo1SE PAGE 9 OF 4� Page 241 Item#9. 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; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including 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. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix 1I, section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). O. 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 75, Subpart C, 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 under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over $200,000 of HUD housing and community development financial assistance to the project (or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors 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 Ianguage. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 10 OF Page 242 Item#9. 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE I 1 OF Page 243 Item#9. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian NeighborWorks Boise Attn: Crystal Campbell, Community Attn: Bud Compher, Jr., CEO Development Program Coordinator 3380 W. Americana Terrace, Ste 120 33 E. Broadway Avenue Boise, ID 83706 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer-'employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. 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 damages or injury to persons or property and/or losses and expenses caused or incurred 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 maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS 1301SE PAUF 12 OF 4� Page 244 Item#9. acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 1. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's 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 governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS Bo1SE Pkw 13 OF Page 245 Item#9. 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 assignment or transfer shall be furnished 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 pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, 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 in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. 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); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. 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 to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKSBo1SE PAGE 14CF4� Page 246 be in full force and effect . P . Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q . Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party' s right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement . R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. 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 . NeighborWorks Boise Bud Complier, Jr . , CEO CITY : City of Meridian Attest : cEo AuGuST � to 00 - o Uj By: Robert . Simis n, Mayor C s Jo so �y s�PL Fc 6J ��lFR oft 0 ZR�P PY21 SuBRECIPIENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 15 OF 40 Item#9. Attachment 1: Location of Service Area Meridian City Limits hw�M LN +n EL y t wwnwr J}�� ■ # �wr�r i xwwrn�e 2 W Iv/T wuew! Wwrwr ti Y. � 1+..wuwaM wuuY 4 J�1FMM s 99 2 prize GYM ■J"xCYw�4 wh��W Jt il 'V � ■n.rr .•..wrwrwr r�.iw � � ��' s'�.. ._ wrwrM w ��.._ a a K ,» M , wKq■, w,a. - a ww a�rwTi .+"riw w.wr S.r.»ra wr,t �rwwe arwr w+rw} POLECYMAP a i PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE lb OF Page 248 Item#9. Attachment 2: Risk Analysis Risk of Noncompliance Evaluation This doemen:u used x analyze the risk of the program:o determine the lave[of monitoring requred dunng th6 prim year. Organization NeighborWorks Boise Program 2021 Award $171,000.00 Name Year Total Points 38 Risk Level Low Next Steps Desk Monitor FACTORS _jL Point Value Type of Contract weight: 2 Public Service 4 Housing Activities(Other than Homeownership Assistance) 3 3 6 Acquisition/Construction 2 Public facilities,planning,infrastructure 1 Contracted Dollars weight: 2 S60,000-Above 4 S40 000-$59,999 3 4 B S20,000-$39,999 2 s0-S'9,999 1 Subrecipient Experience with Meridian CDBG weight: 3 New Program 3 1 -3 years 2 1 3 4 years+ 1 New Activity for Subrecipient weight: 3 yes 2 1 1 3 No 1 Number of Clients Served weight: 2 100+ 3 50-99 2 1 2 Less than 50 1 Key Organizational Change weight: 3 Executive Director&Financial Manager 4 Executive Director and/or Financial Manager 3 Program Director/Manager 2 f9 0 Otl+er Key Staff 1 None 0 Systems Change wei ht: 3 Major Systems Change 2 Minor Systems Change 1 0 0 None 0 Program Delays we ht: 1 CDBG Program did not begin on scheduWdelayed 1 New Program 1 (] 0 CDBG Program began on schedule 0 Profires3 Reports weight: 2 Subrecipient has history of not submitting reports tQriely 1 New Program 1 1 2 Subrecipient has history of submitting reports timely 0 PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 17 OF Page 249 Risk of • • • Evaluation Met Goals in Previous Years weight. 3 Met at least 75%This cocmen!is used-0 analyze the nsk of the prograrn-0 deteffnine*Jie level of monmmg reclured dunng*Ls prWam year. Yes 0' Financial Audit weight: 4 Audit with moder3te to serious findings 0 RequiredNo Audit Although 0 ProgramAudit with nolminor findings 0 Last Monitoring Visit weight: 3 New 0 Grant not renewed0 Less than 2 Years 2 Years of More 4 Findings:Corrective Action(Any Monitoring) weight: 4 Current Major Findings Programpotential for payment error New Current 0 Concerns- No Findings 0 ■ ■ DevelopmentCommunity .i Level of Risk Low Risk Medium Risk High Risk <5p points __ 5i-70 points 71+points Project requires a minimum Projects will be monitored via intera!bi-annual desk Pro�eets vritl receive priority for amount of monitoring. Activities monitr�rings and on-site monitoring no Tess than every monitoring_ High priority activities under t,'tis category wi@ be two years_ The on-site monitoring review wilt be will generally be monitored monitored primarily via interne! conducted preferably within fhe first six month of the annually within the first 6 rreonfhs desk monitoring procedures on an� chosen program year_ Based upon the results of the of the program year_ High-risk annual basis,unless s�tuatians monitoring visit,staff will determine the need for and subrecipients may also be dictate otherwise_ Qn-site frequency of add�on$!technical assistance visits required to submit additional monitoring tvitl generally take place andlor on-site compliance reviews_ These activities d1 ceimen11 ion as needed tp at least once every lwo years_ wil generalry be monitored after high priority ac6vi5es allow for closer evaluation of the have been$dequately addressed_ project through desk monitoring. Ct]rrlrTter]t5 NEIGHBORWORKS BOISE PAGE 18 OF Item#9. Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name: ._ (� r Project Name: if e5m,& L,.>yx4aT 7� L- �rd o•w. Program Year: 20 2,1 Start Date: Abe o f End Date: 5 0 ZZ TM Name Title Authorized to sign for(check all that akg:::� p ly): Identifying Signature Winancial Contractual Name Title Authorized to sign for(check all that apply)-: Identifying Signature inancial Contractual �>-k Name Title Authorized to sign for(check all that apply): Identifying Signature '� Financial ❑ Contractual Signing authority for the above individuals is authorized by: Name Title S natu a Date PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 19 OF 40 Page 251 Item#9. Attachment 4: Federal Certifications The following..are required as referenced below. Subrecipient Name: jU-e b,'w- Cfi-D Ile-S. Qc,s e- Project Name: zsx :,r �+� u.. Program Year: �ko2 k Start Date: l o2.k End Date:,, ev2 Z Subrecipient maintains a policy for and complies with the following: Yes No NIA Pole [f' ❑ ❑ ADA/Section 504 [29 U.S.C. § 7011 a' ❑ ❑ Confidentiality [2 CFR§ 200.303(e)] Q' ❑ ❑: Conflict of Interest [2 CFR § 200:318(c)(1);24 CFR. N ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] CS ❑ ❑ Equal Employment Opportunity t2 CFR Part 200;41 CFR § 60--1.4(b)] ❑ ❑ Fair Housing JFair Housing Act] (if applicable) [3- ❑ © Nondiscrimination 124 CFR§ 570.607] a a 1.Y 'Procurement {2 CFR§ 200.31 S(a)l (if applicable) Is Subrecipient a nonprofit entity? ®Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations'are ineligible for this funding. If the agency is a nonrproft,,please select one of the following: 'Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. ti s��t�te T�r �. c7 Name Title C:�C" 1 -2- / '7 Sig Ature Date ' A major nonprofit organization is defined in§200.414(a)as an organization receiving more than $10 million in direct federal funding. PY21 SuBRFcipmNT AcTRP.F.MFNt NF.it',"oRWoRi(s BoTSF PAFiF 20OF 40 Page 252 Item#9. Attachment 5: Environmental Review The following Environmental Review Record is only for the funds NeighborWorks Boise is receiving. Environmental Reviews must be completed for each individual home that is repaired PRIOR to construction. Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: NWBOwnerOccRehabPY19-21 HEROS Number: 900000010152725 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 3380 W Americana Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: The Owner-Occupied Home Repair Program will work to improve the weatherization,accessibility and visitability of existing housing stock within the City,making the homes of LMI Meridian residents safer and more economically sustainable. Applicant eligibility criteria: * Income must be at or below 80%AMI * Home must be within Meridian city limits * Home must be owner-occupied * Must live in their home for a certain amount of time to qualify-one year for projects up to$8,000 and 3 years for larger projects Examples of eligible home repairs with budgets between$2,000 and $15,000 include: * Energy efficiency (additional insulation, new windows and doors) * Weatherization (insulation and weather-stripping) * Accessibility programs(install ramps,grab bars,other Age in Place improvements) * Roof replacement or emergency repairs for leaks * HVAC * Water heater and plumbing(energy efficiency as a secondary) CDBG funds will be used to administer the program and pay for repairs,but a separate review will be conducted for individual households.This review is only for the administrative fees NeighborWorks will incur. This project is anticipated to be funded for the duration of the Consolidated Plan (PY19-PY21). PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 21 OF 4� Page 253 Item#9. Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) Signature Page NW13 Si,-natU1'e Page.pdf Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 119 1Development(CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $10,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a)(5)]: $10,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone ❑ Yes 0 No requirements. Coastal Barrier Resources Ad Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990(16 USC this project is in compliance with the 35011 ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance ❑ Yes 0 No require further evaluation under this PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 22 OF Page 254 Item#9. Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program(NFIP).The project is in compliance with Flood Insurance requirements. Mitigation Measures and Conditions [CFR 401505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Complete or Factor I Completed Measures Mitigation Plan Supporting documentation on completed measures PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BoisE PAGE 23 OF 4� Page 255 Item#9. APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airFields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY2I SUBRECIPIENT AGREEMENT—NEIGHBORWORKsBoiSE PAGE 24OF� Page 256 Item#9. Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. . This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY21 SU13RECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 25 OF Page 257 Item#9. Flood Insurance _ !� General requirements T Legislation Regulation- Certain types of federal financial assistance may not Flood Disaster 24 CFR 50.4(b)(1) be used in floodplains unless the community Protection Act of 1973 and 24 CFR 58.6(a) participates in National Flood Insurance Program and as amended(42 USC and (b);24 CFR flood insurance is both obtained and maintained. 4001-4128) . 55.1(b). 1. Does this project involve financial assistance for construction rehabilitation or acquisition of a mobile home buildina,or insurable personal Property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWOM BOISE PAGE 26 OF Page 258 Item#9. Attachment 6: Budget NeighborWorks Boise Owner-Occupied Home Repair Rehab Costs Admin Total PY20 Project##119 Award $ 150,000.00 $ 21,000.00 $ 171,000.00 Draw## Date Timeframe i $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - Total $ - $ - $ - Balance $ 150,000.00 $ 21,000.00 $ 171,000.E PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 27 OF Page 259 Item#9. Attachment 7: CDBG Supplemental General Conditions CDBG SUPPLEMENTAL GENERAL CONDITIONS These Supplemental General Conditions are to be part of a City of Meridian Community Development Block Grant funded construction project. Preconstruction Conference After the contract(s) have been awarded but before the start of construction, a conference will be held for the purpose of discussing requirements on such matters as project supervision,progress schedule and reports, payrolls, payment to contractors, contract change order, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all subcontractors and supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated Reports and Information The contractor, at such times and in such forms as the City may require, shall furnish the City such periodic reports as requested pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. Conflict of Interest No member, officer, or employees of the grantee, or its designees or agents, no members of the grantee's governing body and no other public official of the grantee who exercises any functions or responsibilities with respect to this contract during his/her tenure or for one(I) year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All contractors shall incorporate, or cause to be incorporated, in all subcontracts,a provision prohibiting such interest. Minority Business Enterprise Affirmative steps will be taken to assure that small, minority and female businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: I. Include any such qualified firms on solicitation lists. 2. Assure that such firms are solicited whenever they are potential sources. 3. When economically feasible, divide total requirements into small tasks or quantities so as to permit such firms maximum participation. 4. Where possible, establish delivery schedules which will encourage such participation. 5. Use the services and assistanceofthe Small Business Administration,Idaho Transportation Department's Disadvantage Business Enterprise Program, and other sources when appropriate. (24 CFR Part 85.36(e)(vi)) HUD Section 3 If funding for this project exceeds $200,000 of HUD housing and community development financial assistance to the project (or$100,000 of Lead Hazard or Healthy Homes funding),the parties to this contract will comply with the regulations set forth in 24 CFR Part 75 and all applicable rules and orders of the department issued thereunder. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in the area of the project. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. The contractor will include the Section 3 requirements in every subcontract in connection with the project. PY21 SL'BRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 28 OF Page 260 Item#9. Failure to fulfill these requirements shall subject the contractor and subcontractors,its successors, and assigns to those sanctions specified by the grant agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 75.19. See Section 3 Additional Information within the bidding document. Duns and Bradstreet Number Prior to the award of the contract,bidders shall possess or obtain a DUNS number assigned by the company Dun& Bradstreet.If your organization does not already have a DUNS Number,please visit the Dun&Bradstreet website at www.dnb.com or call 1-866-653-1344.The process of obtaining a DUNS Number is free of charge and should take less than 15 minutes. CDBG funds cannot be used to pay for goods or services from contractors or subcontractors that have been disbarred or suspended. Contractors are responsible for ensuring they or their subcontractors have not been disbarred or suspended according to https:,'.'sam.gov. Standard Environmental Mitigation Measures 1. The construction contractors must comply with the Rules for the Control of Air Pollution in Idaho, IDAPA 58.0i.01.651,by implementing precautions to prevent particulate matter from becoming airborne. 2. If any items of suspected historical or archaeological value are uncovered during construction,the contractor will be required to stop work and contact the Idaho State Historic Preservation Office and the Idaho Department of Commerce. 3. The collection and disposal of storm and surface water runoff from the project site must comply with the Idaho Department of Environmental Quality's (DEQ) Catalog of Storm Water Best Management Practices for design of all storm water treatment and disposal systems. 4. The contractor shall comply with the provisions of the Environmental Protection Agency's Idaho Pollutant Discharge Elimination System (IPD:S) General Permit for Storm Water Discharge from Construction Activities and the Construction Storm Water Pollution Prevention Plan (SWPPP). 5. If during the construction of the project, an underground storage tank, buried drum, other container, contaminated soil, or debris not scheduled for removal under the contract are discovered, the Contractor shall immediately notify the Engineer and the City. No attempt shall be made to excavate, open, or remove such material without written approval. Clean Air and Water Act For all contracts and subcontracts exceeding $100,000,the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act,as amended, 33 USC 1368 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. 1. Any building, facility or site listed on the EPA List of Violating Facilities as of this contract may not be used in the performance of this contract. 2. The contractor will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Sections 114 and 308 of the respective Acts, and all regulations and guidelines issued thereunder. 3. Prior to signing this contract, the contractor shall notify the grantee of any communication from EPA indicating that a facility to be used in the performance of this contract is under consideration to be listed on the EPA List of Violating Facilities. 4. The contractor shall include or cause to be included these four (4) provisions in every subcontract in excess of $100,000 and take such action as the government may direct as a means of enforcing such provisions. Insurance during Construction The contractor shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the following types of insurance. Further, the PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 29 OF Page 261 Item#9. contractor warrants such insurance coverage shall be written on an 'occurrence"basis and will be obtained with the following minimum liability limits: I. Workers' Compensation Insurance and Employer's Liability Insurance: (1)State Statutory Limits (2)Employer's Liability $100,000 per accident $500,000 Disease;Policy Limit $100,000 Disease;Each Employee 2. Comprehensive or Commercial General Liability Insurance which shall be endorsed to name the City as an additional insured. It shall include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C)and underground (U) hazards: (1) $1,000,000 Each Occurrence (2) $1,000,000 Personal Injury (3) $2,000,000 ProductsTompleted Operations to be maintained for two(2) years following final payment (4) $2,000,000 General Aggregate 3. Automobile Liability Insurance which shall be endorsed to name the City of Meridian as an additional insured. It shall include for bodily injury and property damage:$1,000,000 Combined Single Limit Property or Builder's Risk Insurance If required by the City, the contractor shall have in effect Property or Builders Risk Insurance. The Property or Builders Risk Insurance shall include coverage for all direct physical loss,also known as "Special Causes of Loss" in an amount equal to one-hundred percent (100%) of the estimated maximum value of the Project upon completion with the broadest form of"all risk"coverage possible. Certification of Nonsegregated Facilities For contracts in excess of$10,000.the contractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments,and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments,and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, -transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. She/he further agrees that (except where she/he has obtained identical certifications from proposed subcontractors for specific time periods)she/he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that she/he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). 'Parking lots, drinking fountains, recreation or entertainment areas. Contract Pricing The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. This clause overrides all references to the cost-plus method of pricing. PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 30 OF Page 262 Item#9. Data, Patent, and Copyright The contractor shall hold and save the City and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process,article or appliance manufactured or used in the performance of the contract, including its use by the City, unless otherwise specifically stipulated in the contract documents. Access to Records The grantee,the federal grantor agency,the Comptroller General of the United States,the City of Meridian, or any of their duly authorized representatives,shall have access to any books,documents, papers,and records of the contractor which are directly pertinent to this specific contract, for the purpose of making audit, examination,excerpts, and transcriptions. All required records must be maintained by the contractor for three (3)years after grantee makes final payments and all other pending matters are closed. (24 CFR Part 85.36(i)(10)) Architectural Barrier Act Any building designed,constructed or altered must be made accessible to persons with disabilities. Exceptions include (1) alterations where access cannot be provided, i.e.roofs, heating systems, water and sewer systems; (2) alterations are not structurally feasible;or (3) where Uniform Federal Accessibility Standards (UFAS) or Americans With Disabilities Act (ADA) requirements cannot be met according to undue hardship criteria. (42 USC 4151 et seq.,24 CFR Part 40 (UFAS), 24 CFR Part 8) Lead Based Paint For all residential new construction or rehabilitation, use of lead-based paint on any interior surface, whether accessible or inaccessible, and exterior surfaces readily accessible to children under seven (7) years of age is prohibited. The surfaces of all existing structures must be inspected. If lead based paint is found on any interior surfaces or accessible surfaces, it must be treated and repainted with two (2) coats of nonlead paint; or completely removed;or covered with a suitable material such as gypsum wallboard,plywood or plaster.(42 USC 4801 et seq., 24 CFR Part 35) Davis-Bacon and Related Acts See Federal Labor Standards Provisions W 'D Form 4010 within the bidding document. Copeland "Anti-Kickback" Act See Federal Labor Standards Provisions Hl 'D Form 41)10 within the bidding document. Contract Work Hours and Safety Standards Act, Sections 103 and 107 See Federal labor Standards Provisions HUD Form 4010 within the bidding document. Executive Order 11246: Equal Employment Opportunity During the performance of this contract,the contractor agrees as follows: PY21 SUBRECIPIENT AGREEMENT NEIGHBORWORKS BOISE PAGE 31 OF Page 263 Item#9. 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, color,religion,sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading demotion. or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the said niles, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 8 The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided. That if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 9. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOiSE PAGE 32 OF Page 264 Item#9. otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 10. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will cant'out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part I1, Subpart D of the Executive order. In addition, the applicant agrees that if It fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 33 OF Page 265 Item#9. FEDERAL LABOR STANDARDS - HUD FORM 4010 Federal Labor Standards Provisions U.S.Departnlent °f Housing and Ulban Development Office of Labor Relabons Applicabi'rty '"•r The work to be performed by the elassiicaton The Project. or Program to vkvoh are construction work requested Is not per%rined by a classiiscation In the crape covered by th, contract pertains is berg ass-sted by the determinaton.and United Sties of America and the fobowmg Federal Labor t2: The classification Is utilkmd in the area by the Standards Provisions are Included in this Contract constrtiaion lr dustry_and pursuant to the provis.ons applicable to such Federal (3) The proposed wage raw Indud ng any bona fide assistance_ trW beneF.ts bears a reasonable relationship to die A. 1. (1) Minimum Wages_ All laborers and mechan as wage rates coned in the wage determination. employed or working upon the site of the work, will be paid (b1 F`the conmctor and the laborers and mechanics to be unconditonany and nit less often drat once a week. and employed ion the classMcaton 0' knovrn) or their n,dhhart subsequent deductor, or rebate an any aocourd representatives, and HUD or its designee agree on.the (except such payroll deductions as are permitted by classiffcalion and wage rate (Including the amaait regularoris Issued by the Seem-cry of Labor under the designated for 5=pe bene is where appropriate). a report Copeland Act (Zg CF.R Pan 3), the 'hill aunnohmt d wages of the actin taken shall be sent by .IUD or its designee to and bona €de Linde benefits (or cash equivalents thereof) the Adrrcnistrx" of :he Wage and -lour Dmswn. due a time of payment computed a roes not less than Employment Standards Administration,U.S.Department d those canta.ned In the wage demrmination of the Libor.%Vashmgton.D_C =10 The Adm:nnstr3aor,or an Secretary if Labor which Is aWched hereto and made a aw.horized representative. will approve. modfy. or par, hereof regardless of any contractual relationship disapprove every additional classiftatton acbon wth.•h 30 which rrar be alleged to exist between the contractor and days of receipt ad so advise FLID or Its designee or"I such laborers and mechanics. Contributions made or notfy HUD or Its designee w thin the 304W period that toss reasonably anticipated for bona fife triage benefits additional Erne Is necessary. (Approved by the Once of under Section t(b)r2) of the Davis-Bacon Act on behalf of Man3gernent and Budget unt'.er 0.%S control rxarhber 12'5- laborers or mechanics we considered viages pad to such 0140.) laborers or mechanics. subject to the p-evisions o'22 CFR ahA regular con nimtions rude or costs (c] In the event the contractor the laborers a mechanics incurred for re than a weekly period (be. notless ofe-, to be erployed n the dass:froation a their hdr represenaave-s, and �-rJD or its designee do not agree on than quarterly) tinder plans suhds, or programs which the proposed dasshscation and wage rate (Including the cater the parocutar weekly period, are d erred to be cons7uc:ively made a incurred durrtg such weekty period. amount designated'a`rule * the. uesthere a . Incl d rag [�i a Its designee shall refit the questmns. Inrtud rag Such laborers aid mechanics shag be pad the appropriate the vews of all Interested parses and the recommendation vrage rate and trigs benefits on the wage determnation of HUD or its designee. to the Adrhrhistrator for 'or the classifcaJon of wort actually periormed. iitthout detamhinabon. The Adm;nistrator or ars authort`ed regard to slull. except as provided in 29 CrR 5.5(a)(4). represenatve will Issue a determination within 34 days of ..aborers or mechanics peftrmng ►oorlt In more that one fecev and so ad>,ise FUD or Its designee or wil rot'y elassi5cation may be compensated at .he rate specied for FUD or Its designee w-thin the F-day period that each dassificator Tor the I'vrse aruapy worked tt•erehr. additional-hie Is necessary {Approved by the Once o' Provided, That the employers payroll records accurately Management and Budget under Ole Control N-mber set inch the tine spew, In each c!assification In whrdh 1215.0140) work Is performed The vtage dete•nnaton dricluding any (d) -he wage rate i-ndt.vd-Mg ftinge benei5 where additional classification and viage rates conformed under appropriate} determined pursuant to subparagraphs 29 CFR 5 5(a?(1}(t) and the Davis-Sacon posxr (t'V'-f- '32.E shag be posted at all times by cite contractor and Its (airkerb) a tc` of this paragraph, shall be pad to ai subcontractors at the site of the work in a pronw^ent and vas performing crock In the classhfcaxhon trader this accessible place where It can be easily seen by the contract tan the .rut day an atiirh work is performed it worters die dassrfica chair v cs Any lass of aborers or mechanics which not (III) Womever the mn-rnum wage rate prescrbed ;n the {a; A a ed in the wage determination and which Is s of contract for a class of laborers a mechanics fhcludes a employed under the eonrl:aa sha: be dassiied In coftsn behest which t Is not expressed as an horsily race, the conformance wth the wage de ermina5on. HM sha:l ragtrtraator shall ether pay the bereft as stated the approve an additional classhfication and �e rate and beWt or i nh atulyaton a sh q pay another bass Ede fringe tinge benetts therefor only when :he kAmning crite+ia bens t a an hourly rash egwv3leat tlaerea have been met (v) if the contractor does not make payments to a trustee or ether :hard person.the contractor may consider as part fannr.'L:a-40laroa12IX?9) Pwas-croais areobsdete °age t of5 ref.rla^hook 1344.1 PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BmE PAGE 34 OF Page 266 Item#9. of the wages of arty laborer or mechanic the amount of any communicated in writ, to the laborers or mechanics toss reasonably anticipated In providing bona fide fringe affected and records which show the casts antcghawd or bene`.s under a plan or program. provided, liar the die actual cost incurred 6n provid"mg such benefits. Secretary of Labor has found. upon Ire w teh request of Contractors employing apprentices or tranees under the contractor, that the applicable standards of the Davis- appmvea prams shall main•=witterr evidence of:ere Bacon Aar have been nub. The SeciNtary of Labor Wray regis:ra�on of apprenticeship progra-is and cerllfsaEuon of requee the contractor to set aside In a separate account tairhee programs.the registration of the apprentces arud assets for the meeting of obligations under the plan or trainees and the rams and wage roes prescribed In the program. {Approved by the 05ce d Men aige nerit and applicable programs. (Approved by the Of5ce of Bum under OMS Control Number 1215-014C.) M3nagenert and Budget under ONS Control Ishii nbers 2. lthfnhholding. HUD or ks designee she! upon its onto 1215-0140 and 121°-MI7) actor or upon wr-*ten rngnses: of an authorized (13) (a) 'Tie coritractor shall submit weedy for each week m representative cf the Departen, of labor withhold or which any contract work is perbrrned a copy of all cause to be wdiheld fmh the contractor under the payrolls to HUD or Its designee if the agency is a party to contract or any other Federal cerilrad wr:h the sane prime dhe contract, but d the agency Is net such a party, the contractor or any ether Federally-assisted contract contractor will su6rru 11>e Payrolls to the 3PP4can; subject x Davis-Bacon prevailing wage requirements. sponsor air owner- as the case may be, for xansmissson to v& h is held by be same prate corrractar so much d the RM or its designee. The payrolls suubmrCed shall set out accrued payments cc advances as may be considered accurately ,aid conoetety all d the Information required necessary to pay laborers and mechanics. Indud=ng to be maintained older 29 CFR 5.5(aX3)(1) ex:W. that full apprentices. trainees and helpers, employed by the social security numbers and hone addresses shall not be contractor or arty subcontractor the full amount d wages included an vweMy transmittals Unread the payrolls shag required by the cardract In the event of t0we zo pay any only need to hhc5hde an Individually Iden*..ng number for laborer or mechanic.Including any apprentice trainee or each employee(e:g- the lag four digits of the employees helper employed or wocting on tine s:ze or the-nook all or social security number}. -he required weekly payroll par: of the vrages requ-red by the contra z, HUD or ns Information may be submitted to any form desired. designee tray, after wrrl*n riodce to the cowracwr. Opt.a d Farm ►NJ . Is avalable for this purpose tom sponsor. appCcant, or ormer. take such action as may be the Wage and Four Division Weir Size at neoessay to cause the suspension of any further h1b hwnvw dal oav1esahwM(orms1wh397insrrh;m or its payment advance, or guarantee d funds until st rh successor site The prime contractor Is responsible `or violations hare ceased. HUD or its designee may. after the submission d copies of payrolls by all subcontractors wnnden notice to the contractor disburse such amounts Connaors and subcontractors shall mairrain the fail wthheld for and on account of the corncractor or social seeury inum1 er and current address d each subcontra4 a to the respectve employees to whom :hey covered worker and shall provide them upon reques to are due 'he Cor•hptroller General shall make such -IUD or Its designee If the agency Is a party to toe disbursements In the case of direct Davis-Bacon Act contras. b-M If the agency Is Watt such a party, the contracts contractor ►nil submit the payrolls to the applhcaot 3- .1) Payrolls and 'oast records Payrolls and basic sponsor. or owner as the case may be. for transrussrcn to records relating thereto shag be mant33sted by the -IUD or Its designee the contractor.or the Wage and Her contractor during the course d :he work preserved for a D vsaon of the Department of I afoot for purposes of an perod d tnree years therea`ter for all laborers and rro:hmms Investigation or auaii of compliance own prevafnng wage wcrldng at the site of the wont. Such records shall eQn3n regt cements.It Is not a violation of this S�tp� ,473iph `or a the name, address. and social secuny number of each prime contractor to require a subcontractor to provide svchh iiiiaker his or her cor-ect dassifhcaton.hotly addresses and social secu my numbers to :he prime rates o` wWes pad ;including rates of contii-butons or ccatractor for Its ow-i records.without vrsekly submhsstonto toss antcpated for bona fide fringe benefts or cash -M or Its designee. (Approved by the Office of Liarhag r nem equivalents :hereof of the types described in Section and Budget under ONE Cordrd Humber �(b)(2}(B} of due Davis-bacon Act,. cafly, and weekly 1215-0142) number of hours worked. deductons made and actual (b'. Each payroll submh:ted shaal be accompanied by a wages pax. YvberxA*r the Secretary cf Labor has found 'Staternew d Compliance:' signed by the contractor or under 29 CFR 5.5 (a!(1)(hh) that the wages or any laborer subcontractor or his or her agent Ww pays or supervises or mechanic bdude the aria rd d any costs reasonab+y the payment of the persons employed under the contract anticipated to provid:ng benelts under a plan or program and shall cerrfy the follow ng described in Section l(bX2113, of the Dawns-Bacon Ac, f 1) That the payroll far the patriot period contains the the contractor shaft maintain records which she w that the la`drmaton required to be provided u ider N CFR 5.5 commitment to provide such bene5's Is erforc ablo.that the f2X3)f 11 z the appropriate Information Is bang maintared plan or program is 5nanccally responns-ble. and that than ulcer 2e CFR 5 5(a!'.3-' and that such infortza tin is plan or program has been oorrect and complete: noes .oars a e a ) Pages o5 rat Fandt cok 1344 PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 35 OF Page 267 Item#9. (2) That each laborer or mechanic(including each helper. Is not registered or otherwise employed as s:aced above apprent=ce and trainee) employed on the con7ac: during shag be paid not less than the applicable wage race on the the payroll period has been paid the U weedy wages wage de:ermnation for the classdxadcn of mark actually earned with= rebate, either directly or indirectly and perk meed. In addition,any apprentice performing wank on that no deductions hare been made ether drecty or the job site In excess of the rato permitted under tee ind recty from the full wages earned other than registered program OW be pad riot less than tie permissible deru--:ions as set forth In 29 CFR Par. 3. applicable wage rate on the wage determinaLon 'or the (3h That each laborer or mechanic has been paid not less work actually perfom:ed 16's1we a contractor is performing dim the applicable wage rates and fringe benefits or cash constrvrtnn on a project In a locality other than that In equivalents for the dassificat;on of wont per ormed. as w'tioh -ts program Is registered.the ratios and wage rates th specified in e applicable wage determination (expressed In pereencages or the journeyman's hourly Incorporated tiro tie contram rate) spee led In the contracuirs or subcontractors (c) The weedy submission of a property executed registered program shall be observed. Everyapprentice aertifrcation sat 6ertt on the reverse side of OpLonai Form must be paid at rat less than the rate specs.ed In the V%'Fi"3 1 shall satisfy the requirement for submission of that registered program for the apprenoourn teed of progress, "Stater.*nt of Compliance' required by subparagraph expressed as a percentage cf the journeymen hourly rase A3.r.la;tb). sperlfed n the applicable wage de�rthirhatx:n Apprentices shag be paid fringe berie`ts In accordance yd) The°alsification of any of the above certifications may with the provisions of the apprentceship program If the subject the corinctor or subcontractor to civil or criminal appren:icesh.,p program does not specify frape benefits, prosecution under Section IDD1 of Tille 16 and Section apprentices mist be paid the U anohat of titrige benefits 231 V�dle 31 of the tfirted States Code. listed an the wage determmaton tr the applicable M The contractor or subcontractor shall malie the elassificauon. If the Administrator aetermines that a records required ur6er subparagraph A 3(i) available for different pracfce preva3s for the applicable apprentice Inspection, copying, or transcnpton by authorized classification.fringes shall be paid h" accordance with that representatives of HUD or its designee or the Depw3,ent determinaton. In the evert, the Office of Apprenticeship or tabor and shall permit such representatives to Traning. Employer and _abor Services. or a State Interview employees durahg working hours on the job If Apprenticeshp Ago y recognized by the Ofice. the contactor or sLbcontrar.or Ws to submit the required withdraws approval d an apprenticeship program the recces or to mace there available. HUD or 9s designee contractor mll no longer be perrutted to utfize may. after wriun notce to :he contractor. sponsor. apprentices at less than the applicable predetermined rate applicant or ahtrner taKe such actah as shay be necessary 'or the work performed until an acceptable program Is to cause the suspension of any further payment. advance. approved- or guaranme of funds. Furthermore fai'ture to arbrt. the :Ut Trainees- Except as provided In 29 CFR 5 16 regtnred records upon request or to matte such records tranees will not be perntted to work a less anon the available may be grounds for debarment action pursuant to predetermned rate for the wont perlorned hrrtess they am 2 CF-R 6.12 employed pursuant 'to and Individually registered :r a Apprentices and —rat nees. program vehn�h has reserved poor approval evidenced by (1) Apprentices. Apprentoes writ be permitted to work at formal cerificator by Cte U.5 Deparrnent of Labor, less :rah the predetermined rate for the work they Employment and Training Administration- The ratio of performed ►%then they are employed pursuant to and trainees tD journeymen on!he job site shall not be greater Individually registered In a bona tide apprentceship than permitted under the plan approved by tie program registcrea with the U.S Department of Labor Employment and Training Adminrs7abon Every tram" Employrnerr. and Training Adruns:rat;on. CfBae of rust be pad a not less Im the rate specMea In the Apprerciceship Training, Employer and Labor Serr,ces, or approved program for the trainee's level of progress, with a Sate Appremceshhp Agency recognized by the expressed as a percentage of t'he journeyman hourly rate O"ice, or 8 a person is employed In his or her first CC speciiea In the applicable wage determination- —rarnees days ct probationary employment as an apprentice in such shag be pad fringe benefits In accordance wth She an apprer:ncesh p program, who Is not Individually provisions of the tranee program 'the trainee program registered In :he program. but who has been certified by does not rnentiom fringe hene5ts ra.iefs shall be pad the Me of Apprerricesh p—raining Employer and Labor the fug arnorm: of frnge benel5ts sted on the wage Services or a State Apprenticeship Agent' (where determination unless the Admmmtrator of the Wage and appropriate; to be eligible For probatonary employment as Hour Division determines that there Is an apprrentcestup an apprertce The alowable ratio of apprentices to program zssDcWAd with the corresponding jcumeyman journeymen on the yob site in any out classrfhcabon shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than till L-rttge benefits for apprentices. Arty to the entire wont fore under the registered program Arty employee fisted on the payroll at a tr n rate vim Is not worker listed on a payroll at an apprentice wage rate, who registered and partieipatng In a training plan approved by • _ .. r.-rtt1D-vio{ P3ge3af5 re'.Harrcbock 1344' PY2 j SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 36 OF Page 2B8 Item#9. the Emplaymerr, and Tram.ng Admnrstration shall be paid anrarded FIJO conTwts or part-copate r h1D programs not less than the applicable wage rate on the wage pursuant to 244 CFR Par, 24 deemunaton for;he vrcrk actually perflorrted — adcrton yG) No par, of this c mzact shall be subcontracted to arty any trainee perbrmishg work on the job site in moss of person or :rm rnebg.ble der award of a Government the rmo perrvteo under :he registered program shall be contract by virtue d Sermon 3(a) d the Davis-Bacon Act pad not less than the applicable wage rate on the wage or 29 CFR 5IV0.1) or to be awarded -ttM) contracts or de:ermrnaton for the vmA actually perFormed. In the pamcpa a in AUD programs pursuant to 24 CFR Par 24. everr the employment and Trauuhg Admin-sraaon (11) The penalty far making ;Ise statemenla Is prescribed a: ays approva' of a tr"Lng program. the contractor uw no longer be permiaed to truce trainees a less than `m the U.S. Cr rat Code 1001_ Add:tonally, the applicable predeternrned rate far the work performea U.S. Cnmina9 Code ode. Sect on 1 1 01 Q Me 78 U_S C., unto an acceptable program ka approved Federal Housing Administration transactnns_provhves -n part. 'Whoever. for the purpose ce _._ Infuencirtg In any f Ik) Equal employment oppotturity The uc_hzaoon of way the aabon d such Administration. makes. utters or apprentices.trainees and journeymen under 29 CFR Part 5 publishes any statertent knowwrhg the same to be false_ .. shag be In con`orm-y nth :he equal employment stall be 5ried not r io a than 55.037 or knprzorwd not opportunity req:rremen's of =_xecutve Order 1120, as more trim too years.or both.' amended. and 29(:R Par- M V. Complaints. Proceedings. or Testmony by 5.. Compliance with Copeland Ah; requirements The cmployees No laborer or mechanic :o wham the wage, contactor shall comply w:h the requ:remens of 29 CFR sa$y,, or other labor standards provisions of the Contras: Par.3 wfhicn are Incorporated by reference in this contract are applicable shag be d?scharged or In any other manner 6. Subcosuaats. The contractor or subconti arvrp discr:r-na:ed against by :he Contrac= or any insert In arty subcontracts the louses con'ained In subo=tracasr because such employee has tied any subparagraphs t through t 1 ir this paragraph A and such complaint or rnsttuted or caused to be ;nsstuxed any other dauses as HILM or Its designee may by appropriate prxeed".na m has testilied or Is about to tesuy is any Instructions require, and a copy of the applicable proceeding umder or relating w the Labor standards prevailing wage decision, and also a clause requiring :he applicable under this Contract;o hs employer subconractors to Include 3hese clauses in any brier tier B. Carmract York Hours and Safety Standards Act The suboonracts The prime contractor shall be responsible true mns oftna rara7aph B areapprsoabie wlx:e rate arrouat dthe for the compliance by any subcontractor or Ewer tie- prime conl a t eiceeds SIDD.ODD. As used:n Sus paragach,the subconractor with all the contract causes In this gnus"a3tarerssrrf-mechancs`mclude w3mhnim and guards Paragraph. 7. Contract termrnaton, debarment. A breach or the (1, or`� requi�erthe cc ic:woo wt= or s t require or r~ths•actna for any par.of the contras work nht;ctt may r gore or contact clauses rn 29 CFR 5.5 may be grounds for irrdye the employmertof laborers or mechanics shall require or termmatan of tie contract and for debam*nt as a pent any such taborer or nechmc In any aorraeek In%fuch ate contractor and a subcontraCar as provided rn 2311 CFR M.v d<al Is ert,^loyec on such work to Kok In excess cf 40 heus In 512 such workweek unless such labor or mechanic receives & Compliance vhaih Davis-Bacon and Related Act rRequiemerus. compensation a a rate not:less tl'an meand are-%V-times the nast All ruUVs and Interpretations a the Dam-Bacon and rate d pay for all hours worked in mess of 40 bows in such Related Ars contained Sn 29 CFR cars ' 3 and 5 are raimweek. herein Incorporated by re.9erence In this contrac, (2) Violation- liabi ity for unpa d wages. -qundatea Q. Disputes concern ng labor standards_ Disputes damages. In the event of any vrdaton d the daxse set aiming aft of the Labor smndards provisions of thus font In subparagraph (1) of this paragraph the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shag be Gable clause of this contract. Such disputes sha7 be resolved In for The unpaid wages. In add tion. such contractor and accordance with tie procedures of the Depw mend of subcontrador shall be Gable to the Uritea States (In the ..abor set `orth in 29 C--.R Pars 5, 6, and 7. Disputes case of vuork done under contract 'or ttr Drstna of within Che meaning d this dam rthchrde disputes beween Columbia or a terrtory to such Dts:nct or :o such the contractor (or airy cf its subcontractors) and HUD or territory) for liquidated damages Such liquidated Its designee, the U S Departrnen: d Eater or the dan3geis shall be oompu:ed with respect to each LncFMdual employees or their representatves laborer or mechanic. Including watchmen and guards 10. t') C"flicatcn of Eligibility By entering Into thla employee In violation of the clause set firth :n contact the contractor cera5es that nether 11 (nor he a subparagraph(1; rf dts paragraph_in the sumoS{0 oreach she) nor arry person or firm alto has an 'ibm .n the calendar day on nduch such hthdual was requredor permcoed to oonractors 5mh is a person or trim rne'igrblei to be wd m excess d--te stantarerva tweek d40hoursvrdtrrc payment awarded Government contracts by tutue a Seewn 3(a) OF of the a pet 1` m i re ph the clause set forth sub the Davis-Bacon AC, or 29 CFR 5.12fa}I1) a to be carious edilons are ocsacete frn t0512LV69 Pag e4 of5 ref Krutotk 1.3441 1 PY21 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 37 OF Page 269 Item#9. (3) lVimciaing tot unpata wagos and liquidated aarrtagm H'JD or Its dewFee stall upon its cum acuon or uper wrtten regres of as autr"--ed represenative of Me DerarLme'ct of Laeor vdVihold or cwrse m the wfghheW. R= aiy-oreys payaM on account or wo t per caned by Me oont*=tr SubC=a=urhder any such cnntraa or my Ww Federal con=d %TM the same prime cor=*. CC My other Federauy-ass:sled con33ct sub*ct to the Contract Wort Fours aV ;arety Standards Act vrUh Is heal by the sane prime conUa= such su= as Tay x detenrrned to he neoesrary to SaIIKy any embattles of suer contractor or ser>ewtactor tar unpaid wages and ttqutaated damages as pwaea Ir 3w cause set 'bras to &mparagraph(2) or Ids paragraptL (a) Guacon7acs TI* contractor cr subcbrt 3=$MAI lasers jr ary subcontracts the oauses set tarn Subparagraph.(h i through(a, or INs. paragraph and aaso a cause requtrtng are 6u==tractors to 1ncRM these clauses In any Ivapr ter suboon==. The prime conOractcr shot! be responsible tx aarripuave ay any suboorgractdr or lamer ter atj=ttrartor Wl h the dausea set tCM t- 6Ulp3r3grJPM 't! VVOUgh (4) a' INS P-39-M G. 1-ealth and sa•ety. 'hepro►Koom e-RCSP c are appec-lotewhafethe atsdra of C*Prhe oxYract ncceedtsiaCioo". (t) No Laborer or medhanlc&nail Do rc-quled M woM In watnurtdings or sfrder working cona::lons u"ch are unsan.-2ry. rrazardaus, or dangerous to RIS heath aria sal y as determined under consruaM sa" and neath standards prornrlgated by Lae 9eaetvy of tabor by reguUMn. (2- The ConV3=r sna7 tor" n'1 aft requ123bh6 Issued by the Cecr*Ury cf tat or pursuant tb TZe 29 Part t225 and rattan to =;Iy :ray result In Ctposiltan e son— ns pursuant to Lae Contract Won huts and Sa*y =rxlirds A:; i?uVlc La+r 9t-54. W = s6% 37r,t et sea_ 'S; -he cori"= sitar ncbAe the provstons of this paragrap r every subof -i=so Mat such provtslons wig be brim or each vibcontr3aw. The corttraclor shag take snob ac:w aitn respect to ary su=ontractor as the „"Cf y of Hourdng and Ur= DeYVop.rnent or the Secre-ary of Laoor snag dyed as a n=_am or error=.g such prulrslons. PfFilon eci"M are ooso e Pages of rer H3nO=134-1 PY21 SUBRECIPIENT AGREEMENT-NEIGHBORWORKS BOISE PAGE 38 OF Page 270 Item#9. SECTION 3 ADDITIONAL INFORMATION SECTION 3 BASICS Section 3 is a ptovzston of the Hooting and Urban Development Act of:96S The purpose of Section 3:s to ensure that employment and other economic oppettrmine3 generated by certam HUD financial r_v,mace shall,to the greatrt exmm feasible.and comi-terit with emstmg Federal. State,and local laws and regulamcm3.be directed to lour-and very low- mrome person,pamcularly throe who are recipient of go.vznmenr assistance for housing and to bv-ma-s concern; winch provide ec=ouuc oppartumbes to low-and.vxv lose-t:come persons.(24 Cn- Part 75] WHAT IS THE GOAL OF SECTION 3? Lax or vere-low income mdnaduals often face rh Tl. *e3 lu ntnnz their abihh-to become ecemeantcally self-sufficient and rise mart of poverty. Thee thallenM include access to qualrty schools,employment,and job trarmng.Sect:<=3 seek:to provide oppomuunec far tlre;e uudniduals to become economucally self-went. WHAT IS THE PURPOSE OF SECTION 3? Section 3 enstusr: that resptents of HUD funding agree to make an effort to :dennfv. hire. and train low-mco--ne pepulatrom when there is a need to employ addittanal perscinnel. WHO QL.+ALIFIES AS SECTION 3? • Section 3 W taker—the worker currently fig.or when hired wrthm the past fis e years fit at least one of the following cate=ones annualized tricomne is below•the income hint established by HUD-.the worker is employed by a Section 3 Business,or the worker is a Y outh3uild participant • Section 3 3;ntnens—offictaliv oreatnzed business that meets a-,least one of the fallow•rr a critem:at least 510a of bu-me33 is owned ad controlled by low-to very-lox income per son. 75°a cc more of the labor hours are performed bs•Section 3 wozkerr: or at least 5 •of bwine3.is owned ark enrolled by cturent public housing or Sec icu 8 re:ede� WHAT PROJECTS MUST FOLLOW SECTION 3? Section 3 apphes to all construction projects over 5200,000 of HL'D housing and co+++umaty development tinancsal as:istwce to the project(or S100.000 of Lead Hazard or':kaay Homes fmama)_ The Section 3 regn+*amenti are also passed on to contractor:if any subcontract,are awarded. WHAT ARE SECTION 3 REQUIREMENTS? The folI mar are the Section 3 requirements • ti onfy Section 3 tiendent3 about rvmhbility of warning and or employment opportuames. • Xoafy Section 3 Ba3raei3es about availabt7m of ccatract a_opprmmrne=. • Nottfy contt-Actors about Section 3 r,g+memen-n. • lucotperate a Section 3 douse in c=bac1z • Tram and employ Section 3 resideats • Gave prefvence to Section 3 resident. • Cuve preference to and award contracts to Section 3 Bu-me-,;es. • Document actions to comply with Section 3 • ?tit=records for at least 4 years from the date the project Ls dozed • Provide the following to be included m the City's mandatory federal report:total number of labor hour,worked,total number of labor hoar_,worked by Section 3 Worker:_and total nimiber of labor halms noticed by Targeted Section 3 workers PY21 SUBRFCIPIENT AGREEMENT NEIGHBOR%k ORKS 13OISE PAGE 39 OF Page 271 Item#9. WHAT IS INCLUDED N 24 CFR §75.19? 24 CF%V5.19 (a)suaplo3,m=t and hainan,;. (1) To the greatest e,rtent feasiblc and courts-test with ensiLg Federal, state. and local laws and regd==, remptam-covered by dn--subpart ball ensure that emplo*-neat and naming opporttm bibs armmg m connection vn& Section 3 projects are prm-ided to Section 3 worker.ro%thin the metropchtan area(or notametropoh=county)m uhich the project rs located. (2)Where Seasible,pnority for oppoatua ties and tuning de-scribed in paragraph(aX:)of dui season should be gi�ea to- n Seman 3 workers reading withm the senzce area or the neighborhood of the project.and (n)Particzpants m YoudiBuild prom. (b)Contracting. (1) To the greaten crust feasible. and consistent with emsong Federal, state. and local lawn and regulattons, recqne=co-med by this subpart shall ensure eamtraeE;for wcA awarded m canteerioc with Seenon 3 projects are provided to busmans concerns that pmsade ecaaomtc oppcwn=nes m Seemon 3 wotken resrdrng wr&m the men-opolitan area(or nonmtetrapolrtan coatat))m v6iu&the project rs located. (21 Rrltete feasible,pnonr)r for contracting opportummes described m paramaph(b)t.:)of this section shmd be gn,.en to: ki)Secaom 3 bi uness concex:s that pimade econo=c ogpottumhes to Section 3,%wkers midmg wzthm the senzce area or the naghborhood of the project,and i.u)Youd 3uild progr — WHAT is BID PREFERENCE? Award;hall be made to a responding quahfied Section 3 Basrness tf the bat=L.wztEm Pe of the atirrall laaest bid and Section 3 preferewce wa.requested HOW DO I REG STER AS A SECTION 3 BUSINESS? Regr ter on HUDs Section 3 Husme;s Reg-t try at:httgslfportaiapgs hxrdgor15ec3$rs;.:eg ieXstry BFtie stryHaoxte_ Addrtronal m1b==tam on the requtreme=of Section 3,can be found at http_'IRm-w-ud.go-hechan 1. All Cr-y of Mend=consmrchon bid documents m ems of 5200,000 are posted to t=e CIE s web-ire(Bonfire). Addmoaalln,all CDBG comtntchon bid docmats are posted to IlUDs Section 3 Online Poatal at hrtp:•r�tndap}r hud.g`n''1Dpportirn:ryPortal�mde�artioa PY21 SUBRECIPIENT AGREEMENT-NEIGHBORORKS BOISE PAGE 40 OF Page 272