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HomeMy WebLinkAboutNeighborhood Housing Services, Inc. DBA Neighborworks CDBG Grant Funds FY2024 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES,INC. DBA NEIGHBORWORKSO BOISE FOR PROGRAM YEAR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 6th day Of November , 2024 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. B-24-MC-16-0006, awarded by HUD on August 30, 2024; 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 Sixty Thousand Dollars ($160,000). 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, Suite 120, Boise, ID. 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 570.202(b). SUBRECIPIENT AGREEMENT—PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 1 OF 28 C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 8 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as"Low- to Moderate-Income 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 k I :ridiancity.or= box. 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. 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:i;'www.hudexchange.info.incomecalculator.' to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1, 2024 and end on September 30, 2025. 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 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 local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as SUBRECIPIENT AGREEMENT- PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 2 OF 28 Attachment 6. 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 5. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. 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. Noncompliance may result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. D. Budget. Subrecipient shall adhere to the budget included as Attachment 4. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Reports. Subrecipient shall submit progress reports monthly, due 15 days after the last day of the reporting period. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. A Final Report shall be submitted with the final reimbursement request, due 15 days after the end date of the award. If reports are delinquent or inaccurate, reimbursement requests will not be processed until the report is submitted or corrected. All reports must be submitted via the City's online portal. Instructions on submitting reports are located in the Subrecipient Toolbox at htys: mcridianclty.org toolbox. 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. 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, submitting final report(s), disposing of program assets(including the SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKs BORE HOMEOWNER REPAIRS PAGE 3 OF 28 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 $1 million or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Transparency, Suspension, and Debarment. 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. Additionally,pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is not registered in SAM with an active account, i.e. listed on the governmentwide exclusions in the SAM. 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 per Attachment 1: Indirect Cost(s). Subrecipient must immediately notify the City upon any change in the Subrecipient's indirect cost rate, so the City can amend the Agreement to reflect the change if necessary. 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 Sixty Thousand Dollars ($160,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement SUBRECIPIENT AGREFMENT PY24 NEIGHBORWORKs Bo15E HOMEOWNFR REPAIRS PAGE 4 OF 28 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 litq)s: mcridiancit���'toolbox. 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 receipt of payment and/or other relevant documentation of payment), and any additional information requested by City staff. Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the Y final reimbursement request. City will process reimbursement requests once per month after the due date. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2025. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. 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 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. SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 5 OF 28 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 Y 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; 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 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart SUBRECIPIENT AGREEMENT- PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 6 OF 28 E of this part 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 ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other 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 seq.), 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 SUBRECIPIENT AGRLEMLY1 PY24 Nr.1GHBORWORKs BO1sF.HomLOWNER REPAIRS PAGE 7 OF 28 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. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. 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. I. 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.I09. 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 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 SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 8 OF 28 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 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 II, section (I), submission of this SUBRECIPI ENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 9 OF 28 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.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 sharil 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. P. Build America, Buy America Act. Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. Q. Violence Against Women Act. Subrecipient will comply with the right to report crime and emergencies protections at 34 U.S.C. 12495 of the Violence Against Women Act(VAWA). R. Waste, Fraud,Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number(1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712,which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of. 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. 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 SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 10 OF 28 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: 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. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally, the Subrecipient is obliged to adhere to proper waste management practices, SUBRECIPIRN'j,AGRUMLiNT—PY24 NE[GHBORWORKs BOISE HOMEOWNER REPAIRS PAGE I I OF 28 ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972, as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2, titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties, the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. 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. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed, personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Neighborhood Housing Services, Inc. dba Attn: Crystal Campbell,Community NeighborWorks® Boise Development Program Coordinator ATTN: Bud Compher, Jr., CEO 33 E. Broadway Avenue 3380 W. Americana Terrace Suite 120 Meridian, Idaho 83642 Boise, ID 83706 ccampbellrrr:-.meridiancity.org bcompher(g i,nwboisc.org 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 SUBRECIPIEN'1 AGRFEMENT PY24 NEIGHBORWORKs BoisF.HOMiOWNER REPAIRS PAGE 12 OF 28 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 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. I. 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. SUBREC[PIENT AGREEMENT-PY24 NE[GHBORWORKs Bo[SE HOMEOWNER REPAIRS PAGE 13 OF 28 2. Termination for cause.Tenmination 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 tenminate 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. 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, any and all accounts receivable attributable to the use of CDBG funds, and any CDBG funds previously disbursed. 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. 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 SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 14 OF 28 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, Affirmative Action, and the CDBG General Supplemental Conditions (if applicable) 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 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 parry'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. SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 15 OF 28 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: Neighborhood Housing Services, Inc. dba NeighborWorks Boise �0/" /Z Bud Compher, Jr., CEO pate CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 11-6-2024 Chris Johnson, City Clerk 11-6-2024 SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS Bo1SE HOMEOWNER REPAIRS PAGE 16 OF 28 Attachment 1: Indirect Cost Rate(s) As the duly authorized representative of the subrecipient, I certify that the subrecipient: Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs. Agency/department/major function Indirect cost rate Type of Direct Cost Base �o /o /o Instructions for the Subrecipient's Authorized Representative: • You must mark the one (and only one)checkbox above that best reflects how the indirect costs will be calculated and charged under the grant. • The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount(e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter"MTDC" in the"Type of Direct Cost Base" column. • If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. • If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. • If the subrecipient is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. • To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200 (for state and local governments). Name Title for Signature Date SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PACE 17 OF 28 Attachment 2: Signing Authority Complete the form to designate signing authority. Subrecipient Name: G ��r G✓p ►-/4f /�o i s'G Proj ect Name: _ �o M c. RG,O*; Program Year: Start Date: CC.fi ko z End Date: „1cDf _79, Lo ZS- 4"P-C-A0{~ 0 A 5 Name Title l Authorized to sign for(check all that Identifying Signature apply): ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature J�'Tinancial ❑ Contractual Anft, 19-1n� ��Wvb Na Title Authorized to sign for(check all that 1 iAFEc— apply): Ide tifying Signatur bFinancial ,Contractual Signing authority for the above individuals is authorized by: Name Title to -I - 27 Signature Date SUBRECIPIENT AGREEMENT—PY24 NEIGHBORWORKs BO1sE,HOME{OWNER REPAIRS PAGE 18 OF 28 Attachment 3: Federal Certifications The following are required as referenced below. Subrecipient Name: Neighborhood Housing Services Inc (DBA)NeighborWorks Boise Project Name: Homeowner Repair Program Program Year: 2025 Start Date: October 1, 2024 End Date: September 30, 2025 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy ® ❑ ❑ ADA.`Section 504 [29 U.S.C. § 701] ® ❑ ❑ Confidentiality [2 CFR § 200303(e)] ® ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] ® ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] ® ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ® ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) ® ❑ ❑ Nondiscrimination [24 CFR § 570,607] ❑ ❑ ® Procurement [2 CFR § 200.318(a)] (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 nonprofit, 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. Name Title v r 2 Signature pate A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. SUBREC[PIENT AGRLEMLN'C-PY24 NEIGHBORWORKs BoisE HOMEOWNER REPAIRS PAGE 19 OF 28 Attachment 4: Budget NeighborWorks Boise Rehab Costs AdminiDIS#177 Homeowner Repair Total PY24 Project 177 Award $ 137,600.00 $ 22,400.00 $ 160,000.00 Draw# Date Timeframe 1 $ _ 2 $ _ 3 $ _ 4 $ _ 5 $ _ 6 $ - 7 $ _ $ $ - 9 $ - 10 $ _ 11 $ _ 12 $ - Total Balance $ 137,600.00 $2-2,400.00 $160,00o.o0 SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 20 OF 28 Attachment 5: Risk of Noncompliance Risk Analysis Factor Risk Level Type of Contact Med Risk: 3 Points Low Risk-Public Improvements/Planning Med Risk=Housing/Public Services Contract Amount High Risk: 10 Points Low Risk=$0-$44,999 Med Risk=$45,000-$79,999 High Risk=$80,000+ Experience with Meridian CDBG Low Risk: 1 Point Low Risk=No Med Risk=Yes New Activity for Subrecipient 1 Low Risk: 1 Point Low Risk=No High Risk=Yes Number of Clients Served Low Risk: 1 Point Low Risk=50 or Less Med Risk=More than 50 Admin Expenses Low Risk: 1 Point Low Risk=2096 of budget or less High Risk-More than 20%of budget OR Staff Costs for Homeowner Repair more than SO% Key Organizational Change Low Risk: 1 Point Low Risk=None Med Risk=Other Key Staff High Risk=Executive Director/Financial Manager/Program Manager Systems Change Low Risk: 1 Point Low Risk=Minor/None Med Risk=Major Program Delays Low Risk: 1 Point Low Risk=CDBG Program began on schedule Med Risk=CDBG Program did not begin on schedule/New Program Progress Reports Low Risk: 1 Point Low Risk=History of reports submitted on time(more than 75%) Med Risk=History of reports submitted late(25%or mare fate)/New Program Met Goals in Previous Years Low Risk: 1 Point Low Risk=Yes/Met at least 75% Med Risk=No/New Program Financial Audit Low Risk: 1 Point Low Risk=Audit with no/minor findings High Risk=Audit with moderate to serious findings/No audit although required Last Monitoring Visit Low Risk: 1 Point Low Risk=Less than 2 years Med Risk=2+years High Risk=New Program/Not Renewed Corrective Action (Any Monitoring) Low Risk: 1 Point Low Risk=No Findings or Concerns Med Risk=New Program/Current Concerns(e.g.require action but no serious impact) High Risk=Current Major Findings(e.g.would affect services/clients/financial concern) Risk Score 25 Points SUBRECIPIENT AGREEMENT--PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 21 OF 28 Risk Determination Level of Risk ® Low Risk(up to 25 points) Project will be monitored primarily via review of progress reports and reimbursement requests. Onsite monitoring will generally take place every three years, typically during the first six months of the program year, if there are multiple years of being a low risk subrecipient. Technical assistance will be provided upon request. ❑ Medium Risk(26 to 35 points) A desk monitor will be conducted annually. An on-site monitor will generally take place every two years, typically during the first six months of the program year. Based on the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance and/or on-site compliance reviews. ❑ High Risk(36+ points) Project will receive onsite monitoring after the first clients have been served. Subrecipient may also be required to submit additional documentation on a regular basis, as needed. Ongoing technical assistance will be required. Comments The Homeowner Repair Program staff at NeighborWorks Boise have been remarkable in their ability to handle adjustments from both customers and city staff. Their flexibility and responsiveness ensure that any changes or requests are seamlessly managed, all while maintaining a high level of professionalism. Whether addressing customer needs or meeting city requirements, they consistently demonstrate a proactive approach, going the extra mile to ensure that everyone's expectations are met. This adaptability and commitment to service excellence make them invaluable partners in the program. Approval This determination was made on behalf of Meridian's CDBG Program based on information from the application, past experience, and collaboration with stakeholders and other local governments. By signing below, staff certifies that the information provided is, to the best of our knowledge, accurate and complete. CDBG Staff Name: Title: Crystal Campbell Community Development Program Coordinator Signature: Crysta.L Ca*nf)be1V Electronically signed by ccompbell@meridiancity.org on 10/1612024 5:06 PM CDBG Staff Supervisor Name: Title: Curtis Calder Economic Development Administrator Signature: CLut'akCatder Electronically signed by ccalder@meridiancity.org on 1 0/1 712024 9:14 AM SI BRFLAPIENT AGREEMENT PY24 NLIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 22 OF 28 Attachment 6: Environmental Review 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: NWB-Homeowner-Repair-PY22-26 HERDS Number: 900000010284393 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]: NeighborWorks Boise's(NWB) Homeowner Repair Program is designed to help low-to moderate-income (LMI)Meridian families,those with an income level at or below 80%of the Area Median Income(AMI), continue to live safely,comfortably, and economically in their existing homes by preserving existing housing stock and making necessary repairs to increase energy efficiency, longevity of the building, and accessibility. Examples of eligible projects with budgets between$2,000 and$25,000 include: 1) Energy efficiency (additional insulation, new windows,and doors); 2)Weatherization (insulation and weather-stripping); 3) Accessibility programs(install ramps and grab bars);4)Roof replacement or emergency repair for leaks; 5) HVAC; and 6)Water heater and plumbing(energy efficiency as a secondary).The City anticipates using $5,000 to$10,000 of CDBG funding for administration of this program per year during each of the remaining years in the PY22-26 Consolidated Plan.This review is only for the administrative fees NeighborWorks will incur during the PY22-26 Consolidated Plan. CDBG funds will also be used for repairs,but a separate review will be conducted for individual households.This project is anticipated to be funded for the duration of the PY22-PY26 Consolidated Plan, but is dependent on a competitive annual application and the congressional release of funding. SUBRECIPIENT AGREEMENT -PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 23 OF 28 Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) Signature Page Homeowner Repair ER Sig.pdf Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 142 Development(CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $40,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a) (5)]: $40,000.00 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 Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBR5 units.Therefore, Improvement Act of 1990(16 USC this project is in compliance with the 35011 ❑ Yes Rl 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 require further evaluation under this ❑ Yes Rl No section.The project does not require SUBRECIPIENT AGREEMENT PY24 NEIGH BORWORKs BOISE HOMEOWNER REPAIRS PAGE 24 OF 28 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 142 USC 4001- flood insurance or is excepted from 4128 and 42 USC 5154a] 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 40 1505.2(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 Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures SLBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 25 OF 28 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 SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 26 OF 28 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 3S01) 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 SUB RECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOIsE HOMEOWNER REPAIRS PAGE 27 OF 28 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and(b);24 CFR 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,building,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 4. While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program(NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summa 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 SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HomEOWNER REPAIRS PAGE 28 OF 28 Mayor Robert E.Simison City Council Members: C� f IDIAN Luke Cavener,President Liz Strader,Vice President I U A H O Brian Whitlock Doug Taylor John Overton Anne Little Roberts October 1S,2024 Buddy Compher,Jr., CEO Neighborhood Housing Services,Inc.dba NeighborWorks® Boise 3380 W.Americana Terrace Suite 120 Boise, ID 83706� SUBJECT: Program Year 2024 CDBG Subrecipient Agreement Dear Mr. Buddy Compher,Jr.: The City of Meridian would like to thank you for your continued partnership in meeting the goals identified in our 2022-2026 Consolidated Plan. The Community Development Block Grant(CDBG) Program is made available to the City of Meridian by the U.S. Department of Housing and Urban Development(HUD). Enclosed is the subrecipient agreement(SRA)for the following activity: PY24 NWB Homeowner Repair $160,000.00 Expires 9/30/2025 Total PY24 Award $160,000.00 To finalize this agreement, please complete the following steps: 1. Review the SRA to verify agreement terms. 2. Complete Attachments 1,2,and 3. 3. Execute one(1)copy of the SRA. Note:Do not enter the date on page 1 of the SRA, the City will complete this once the SRA has been signed by the Mayor. 4. Email a copy of the signed document to ccampbell@meridiancitv.ore by Monday, October 28, 2024 so it can be added to the Wednesday, November 6, 2024 Council agenda. Nate: if additional time is needed,please contact me to determine a timeline that ensures the agreement is executed prior to your first reimbursement request that is due on November 15,2024. Please note that the City has an executed funding agreement with HUD for this award, but the funds are not available until there has been a Congressional release of funds. You are able to submit your request for reimbursement in Neighborly, but no reimbursements will be issued until the City receives the funding from HUD. Below are resources that may be of assistance to you: • Meridian CDBG Program website: https://mE,ridiancity.org,/cdbbgL • Meridian Subrecipient Toolbox: https://meridiancity.or.g/toolbox • HUD Income Calculator_ • Pla in b the Rules:A Handbook for CDBG Subrecipients on Administrative!Systems Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org • Neighborly Software User Guide • Subreciaient File Checklist Additionally,the City will need the following documents from you prior to reimbursing your first request: • Most Recent Audit or Financial Review(audit if federal expenditures exceed$1,000,000 or CPA Attestation/Review if federal expenditures are less than $1,000,000) • Hourly Billing Rate Worksheet(for staff that will be billed to grant) • Client Intake Form • Documentation of Negotiated Indirect Cost Rate (if applicable) The following will be requested as needed, but at a minimum at the titne of an onsite monitor: • Staff Resumes • Articles of Incorporation/Bylaws • Form 990 or Form 990EZ • Board of Directors Roster with Contact Information • Organization Chart • Organizational Mission Statement and/or Strategic Plan • Certificates of Insurance (General Liability and Workers'Compensation) • Policies that include: o Conflict of Interest Policy-2 CFR 200.318(c)(1), 24 CFR 570.611 o Non-Discrimination Policy o Grievance/Termination Policy for Employees and Clients o Procurement Policy- 2 CFR 200.318(a) o Record Retention Policy o Confidentiality Policy—Protected Personal Information -2 CFR 200.393(e) • Chart of Accounts The City of Meridian congratulates Neighborhood Housing Services, Inc.dba NeighborWorks®Boise on its grant award and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information or assistance, please contact Crystal Campbell at ccamobell@meridiancity.org. Sincerely, C&f V(p< Crystal Campbell Community Development Program Coordinator (208)489-0575 ccamp bell@ meridiancity.org cc: Mitchell Lee, Marc Brown, Michael Shepard Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org