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Neighborhood Housing Services CDBG Year 2020 Subrecipient Agreement SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC., DBA NEIGHBORWORKS BOISE FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement is entered into this 13th day of October , 2020 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,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, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2020 ("PY20"); 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: L STATEMENT OF WORK A. Activities. Subrecipient shall use City's PY20 CDBG funds in an amount not to exceed Fifty Seven Thousand Dollars ($57,000). Subrecipient will be responsible for administering a homeowner rehabilitation 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. CDBG Funds will be used to reimburse for costs associated with rehabilitating owner occupied homes and administering the program. 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). PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE I OF 42 page 401 Item#26. C. Level of Service. Subrecipient's activities under this Agreement shall provide at least five (5) total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "Individual Housing Units." 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 https://meridiancity.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 the Determining Annual Household Income form located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/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, 2020 and end on September 30, 2021. 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 PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 2 OF 42 page 402 Item#26. 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 of24 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 Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable UnifOl-in ad0l1IIiS(I'at'Ive requirelnents, as described in 24 C'f R § 570.502. C. 11erfornlance 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 it'the City will conduct a desk review and/or all on-sltc visit from City's C.omrrhLinity Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis for NeighborWorks Boise is included as Attachment 2. SUbsta ndni'd performance as determined by City shall constitute noncompliance with this Agreement. [faction 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 througllout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress repOII submission, and/or not providing correct supporting documentation. The. first OCCUI I'Cllcc will result in a warning;the second a formal letter of noncompliance: and the third will result in a formal letter notifying Subreceiplent 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 mid/or agencies who are providing; funding to Subrecipient. D. Budget. Subrecipient shall adhere to they budget included as Amichment G. SLibrecipient shall obtain written approval from City prior to any change in use Of fiends. E, Progress Deports. Rased oil the resLlltS of Subrecipient's risk analysis. Subreceipient shall submit progress reports monthly via the City's online portal. Instructions Oil SUbmitting progress reports are located in the Subrecipient 'Toolbox at iltt}7 :lllllcl'I({iallclty.oCglc4ll�!�. Progress reports will be due 10 days after the last day Of the reporting period. I f progress Reports are delinquent, reimbursement requests will not be processed lentil the delinquency 1s CUr0d. Subrecipient must tiimly submit Progress Reports even If no activities are conducted within the reporting period. F. Supplementation of othcr funds. Subrecipient agrees to utilize rands available under this Agreement to supplenlerlt, rather than supplant, funds otherwise available. PY20 Sl.]INFIC'IPiL;l+rl AcijzHEMI;N'i —NFIGHBORWORKs BoIsf^ PA[iF_3 0i^42 Page 403 Item#26. G. Client Data. If applicabie, 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 foe determining eligibility, race, ethnicity, and description of service provided. Such infornlatiLln shall br, made available for I'evicw upon City's request. Subrecipient understands that client information collected Eludes' this Agreement is private and the use or di5CIOSLll'e of sucli inhot-Mttti011, wllc�n not directly Connected Willi 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 recOving set-vice and, in the case ol'a minor, that of a responsible parent/guardian. H. Closeout. SLlbrecipient's obligation to City Shall 110t Old Wild all CIOSCOLIt requirements are completed. Activities du1•ing this closeout period shall include. but shall not be limited to, making final payments, disposing of program assets (IIICkiding the I"e1LIi'n Of all Unused Illaterials, equipment, unspent casts advances, program income balances, and accounts receivable to City), and dete.rininillg the custodianship ol'records. Notwililstanding the foregoing, the terms of this Agreement shell remain in effect dl.L(•irtg any period that SubrecipienL has Control over CD13C) tL111CIS, including program income. 1. 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 hour-s, pis often as deemed Necessary, to aLldit, examine, and make excerpts or transcripts of all relevant data far pLn•pnses of investigation to ascertaiil compliance with the rulCS, regulations and provisions stated herein. Any deliciencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt Of'SLlch report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will C011stitLile a Violation of this Agreement and may result in the withholding of fuLLII-C payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend $750,000 of inure in Federal awards. in one year, have a single or program-specific audit. J. ,Susl)ension and Debarment. PLII'SLIL1111 to 2 CFR fart 190 and 2 CPR fart 200, Appendix 11, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i,e„ listed ail the governnlelltwide Chclusiona in the System for Award Mrinngement. K. Payment Procedures, 1. Indirect Costs. The City will only reinlhurse Subrecipient for indirect costs that have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient #ands available under this Agreemcilt based upon information submitted by Subrecipient and consistent Willi any approved budget and City policy concerning payments. Willi the exception ol'ccrtain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirell eats. Payments will be adILlSted by City in accordance Willi advance I'Luid and program income balances available in Subrecipieill's XCOLIIIB. III CIddlti011. City reserves the right to 11+1idatc funds available under this Agreement for costs incurred by City on behalf'of Subreeipierll, PY20 SUBM"CIMENr BoiSr, PAC.c4OF42 Page 404 Item#26. 3. Reimbursement requests. It Is expressly agrecd and understood that the total amount to be paid by City under this Agreement shall not exceed Fifty Seven Thousand Dollars ($57,000). City will not accept or process reinlbursemCnt requests prior to City'S reception ofC'ongresstonal Release of Funds; the Community Development Program Coordinator Shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests forthe payment ofeligible 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 Illtl7s:llnlcriilitlncity.orlcrlhl. All reimbursement requests are to be submitted as needed in coordination with the Corrllnulnity Development Program Coordinator, Reimbursement requests shall illcludc the following: transaction detail completed for the relevant draw request period and proofof payment by 5ubrecipient (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 documelltatioll of payment). Rclmbcll'Senlelnt requests must be submitted within filleen (I5) calendar days from the close of each month of the program year except for the final reimbursement request. Subrccipient's final reiinlbursement request Under this Agreement must be submitted by Subrecipient no later than October 3 1. 2021 and must include a Closeout Certification Form which can be Found in the Subrec.ipicnt 'Toolbox at Imps:Y111cridinocio "olg/CdhL1-/. SUbrecipient shall forfeit rei nbursenwnt for any costs noL requested within the tllneframes Set forth Ill this proV1S1011, U11leSS otherwise authorized, in writing, by City. 1. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expirution or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at The lime of expiration and any and all accounts receivable attributable to the use ofCD13G funds. 2. DUNS number. Subrecipient shall comply with requirements established by tine Office ofManagernent and Budget ("01VIB")concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, the System for Award Management ("SAM") and the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25,and 2 CFR § 170.320. L. Documentation required prior to real estate transactions. Where City's CDBG fonds arc 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 considerat ion to City i'or 17oodplain arld related environmental review. Failure to provide the address of tile housing unit under consideration in advance of the anticipated close date may result In Lidded 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 fiends are Used for homeownership assistance, the housing must gUalify as affiordable per Section 215 of-the National Affordable Housing Act. PY2(} Bo lsli PAGE 5 OF 42 Page 405 Item#26. N. National Objectives met for five (5) years. PLII'SL1ant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, ill whole or ill par[, with fLltlds Linder this Agreement in excess of$25,000 shall be Used to sleet one ul'the CDBG National Objectives until five (.5) years alter expiration ofthis Agreement. II'111e use Llrthe CDBG-assisted real property flails to Illeet a CDB0 National 0b.1cctrve for this prescribed period of time, Subrecipient shall I1ay City all anlourll equal to the current market value of the property, less any portion ol'the value attributed to eXpenditures oftlon-CI)BG fUnCIS rnr actlUisrtion ofor inlprovelllent to the III.Operty. SLIch payment shall constitute program income to City. Subrecipient may retails real properly acquired or improved Lender this Agreement after the expinition of the Five-year period. O. Compliance with procurement policies. Stibrecipient shall comply with cLlrrent Federal, State, and City policies concerning the purchase of equipment and shall maintain Inventory records of'all non-expendable personal properly as defined by such policy as may be pro4Llrcd 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 soles, the proceeds shall be program income, prorated to reflect the extent to that hinds received under this Agreement were used to acgUire the.equipment. EgUipMent purchased with lunds received under this Agreement but not needed by Suhrecipient filr activities under this Agreement shall be (a) transrerred to City ror the CDBG program or (b) retained after compensating City Lln c11110011t equal to the cLnrelIt fair Market value of the equipment less the Percentage ol'non-(, BG funds Used to acquire the egUipirlent. Q. Prograin income. 1. Remittance at end of program year. PLII' cant 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 oran or port orally I)rogranl income balances, including Investllsents thereof. held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan Irons, cash balances from a ILu11p sum drawdown, or cash or investments held for section 109 security needs. 2. Recording program iltc4nle. PUI'SLlant to 24 CFR § 570.504(a), the receipt and expenditure ofprogram income shrill be recorded as part of the Financial transactions ot'thc grant program. 3. Disposition if received before closeout, PLII:SLIL1111 to 24 CFR § 570.504(b)(I), program income received before grant closeout may be retained by the recipient if the income IS treated as additional CDBG bolds subject to all applicable requirements governing the use Fu nds,olds, and will be subject to all provisions of"Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. PY20 51113RENI'l[Wr Aow--vfvu.,N-i'—NFIc,iMORWORKs BuISC PAGE G Or 42 Page 406 Item#26. 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 spec'ilied in 2 CFR C 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 tile CDBG Program; F. Financial records, as required by 570.506(h); and g. Other records necessary to daclln"CIlt compliance with 24 CFR Part 570, Subpart K. 2. Records retentioan. Subrecipient shall retain all records pertinent to the expenditkires incurred gander 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 ofCity's final annual performance and evaluation report to I IUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years alter fugal dispasition csfstrch property. If, priorto the expiration ofthe five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be regained until completion ofthe ;:actions and resolutions ofall r5Sue5, or the expiration of the five-year period, whichever occurs later. M. EMPLOYMENT[' AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200. Appendix I I, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR y 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth hilly herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title V11 of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Developn-acnt Act of 1974, Section 504 ofthe Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Dise6mination Act of 1975. Executive Order 1 1063, 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 sra discriminatc. 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 rather 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: PY20$a1131tE_C'rl'[E N'rAcliar:r [vrr,N1 —TWimii[BORWUltr4s Boo. Pow 1=7 01.,42 Page 407 Item#26. Such employment practices include but are not Urnited to the following. hiring. upgrading, c1Crl1cltion, transfer, I•Ccrultment or recri.14111CIlt HClvel'tising, layoff; tel'lllillclti011, rates of pay or other Forms ofcompensation, t1I1d 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 el,ieq.), which Prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary For complimice with that portion of the regulations in force during the term of this Agreement. F. Small, Women- anti Minority-Owiled Businesses. Per 2 CFR § 200.321, SubrecipienL 111LIst take all mc;essary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surphis aivil Fr1115 al-e used when passible V. Affirmative Action. Subrecipient agrees that it shall be committed tO Carty out pursuant to City's specifications an Ali--mat ive Action Program in keeping with the principles as provided in President's I7-xccutivc Qrdc;r 11246 of September 24. 1966. City sliali provide Affirmative Action guidelines to Subrecipient to assist in the I01ATILIkIliClll nPsLICll pr0gl•0111. SLibreciplent sllilll submit a plan for an Affirmative Action Program For approval prier to the aNvard of funds, G. Notice to workers. Subrecipient will Send to each labor L1111ok1 or representative ol'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 hesremider, and shall post copies of the notice in C011sPiCLIOLIS 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 C)pportullity Or Alt-irmative 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 gl-ai1tCCS (ir1ClUding IndivldLlalS) Of federal a el,cies, as a prior condition of being awarded a grant, to certify that they will provide drugfi•ec workplaces. Ench potential recipient must certify that it will comply with dPugfrce workplace I•equire111e11tS in accordance with the Act and with HUD's rules at 24 CVR part 2=4, subpart K J. Faith-b;ised organizations. Pursuant to 24 CFR $ 570.200(j), ifSLEbrecipient is a filith-based organization, SLbrecipient agrees to expend boils provided under this Agreement in accordance with 24 CM § 5.109. K. Labor standards, Per 2 CFR fart 200, Appendix 11, 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 re~gLIl0hOIIs (29 CFR Part 5) as amended. In accordance with the statute, SLibrecipicrlt Or $ubrecipiellt's subcontractor must pay wages to laborers and mechimics Eft a rate not less than the prevailing wages as specified in a wage determination made by the Secretary oFLabor. In Addition, Subrecipient Or Subrecipicnt's subcontractor must be required to pay wages not less than once a week. Subrecipient must inClllde a Copy of the current prevailing wage t'�Y2t3Si_1QE kC'll'IkNI'1llfil'itI EuiI:N'1"—NI'l(iF113i11iW 1>zi:5Boisi:' f'Ac;r:8Or•42 Page 408 Item#26. 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. I�urther, the provisions of Agreement Work I lours and Safety Standards Act;the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145). as supplemented by Department oftabor regulations (29 CFR fart 3). Linder which Subrecipient or Subrccipient's subcontractor is prohibited thorn inducing, by any means, any person employed in the canstrLICtran, completion, or repair o[' public work, to give tip any part of the compensation to which ire 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 [lie applicable regUircnlcnts of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio ofapprentices 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 CFIZ Cart 200, Appendix 11, section (E), the Contract Work Hours and Safety Standards Act (40 U.S.C. §y 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-ITlaking process or gain inside information with retard 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 CI)B(I-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 therealier. M. Fights to Inventions. Per 2 CFR Part 200, Appendix 11, section (F), ifSubi'ccipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of'partics, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements ol'37 C'F Z Part 40 1, "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. Subrecipicrit hereby certifies that: No Federal appropriated Funds have been paid or will be paid, by or on bellaIrof it, to any person for influencing or attempting to influence an officer or employee orally agency, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the slaking of any F cdcral loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendlilenl, or modification of any Federal agreement, grant, loan, or cooperative agreement; Iferny funds other than Federal appropriated funds have been paid or will be paid to any person for influencing am-ripting to iitiflUence an olflcer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee elf a Member of Congress in PY20 S1.113RI-VIPII:N7,AtiRi•:I:mNI -M."i( BORWORKS B01,qr PA[,I:9 01.42 Page 409 Item#26. connection with this l'ederal Agreement, gratll, loan, or cooperative agreement, it will complete and submit Standard Form-Lkl,, "DisCIOISLI e Form to Report Lobbying,°" in accordance with Its instrLICLiuns; Subrecipient will require that the following, language be included In the award documents 601, all sub-awards at all tiers (including subcontracts, sub-grants. and colttracts Milder grants, loans, and cooperative agreements) and that all subrecipsents shall cnrlify and disclose accordingly: "This certification 1s a material representation 01'talet upon which reliance was placed when this transaction was made or entered into. Submission oflhis cerLilicaltion is a prerequisite 101- 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 11101-e tllall $100,000 F01-each sUCll FaiILlre," The fluvegcling ce1'tiflcatlon is a Material representation lit :fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix 11, section (1), Submis4lon ofthis certification may be ai prerequisite for snaking or entering into this transaction. Slibrecipierlt Further agrees that no funds provided, nor personnel employed [older this Agreement, sliall be in any way or to any extent engage in the conduct of political activities in violation oftlle I hach Act (Title V, Chapter 15, U,S.C,). D. 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 regLllati011S Set fol'th in 24 CFR Part 135, and all applicable rLIICS and Orders Issued thereunder prior to the execution of-this Agreement, shall be al condition of the Federal financial assistance provided Linder this Agreement and shall be binding up011 City, Subrecipient and any OfSubrecipient,s Contractors and/or subcontractors. Contractors with contracted aullounts under$200,000 alld SLIbC0IItralCt0I'S With C011t1'alcted a1110Li11tS flitter$100,000 are exempt from this requirement. Failure to fulfill these regUirements shall Subject City, SUbreciplellt and any oFSubrecipient's contractors and subcontractors, their successors and assigns, to those: sanctions specified by the Agreement through which Federal assistance is provided. Sllbr'ecipient certil ies and agrees than 110 c01111-00Llal of other disability exists that WOL11d prevent compliance with these regUit-C111MIS. 2. Subcontract language. Subrecipient Further agrees to include the C DBG Supplementall General Conditions in all applicable subcontracts executed Under this Agreement. The CDBG Supplemental Conditions can be found in Atlachnlenl 7 (if applicable) and includes the Section 3 clause IoL:atecl at 24 CFR Part 135.38. 3. Employment of low- and very-low-income persons. Subrecipient further agrees Lo enstire that opportunities For training and employment arising in connections with a housing rehabilitation (including reduction and abaaternent of lead-based paint hazards), housing construction, of other public constrLICtiOn prOjCOS WC giVell 10 low and very-low 111collle person residing within the metropoliiaan area in which the CDSG-funded project is located: where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participalrlts in other I-I IJD programs; -and award contracts tior work Undertaken in connection with a 110LIsing rehabilitation (including reduction and albawment PY20 BoISE PACU- 10Ol"42 Page 410 Item#26. of lead-based paint hazards), housing construction, of other public construction project are give// t0 business collCel'll5 that pro vide economic Opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-lunded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood In which the project Is located, and to low and very low income participants in other HUD programs. Subrecipicnt certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, ifany, a notice advising said labor organization or worker's representative of its commitments Linder this Section 3 claus4 and shall post copies of the notice in conspicuous places availanble to employees and applicants for employment or training. 5. Subcontracts. Subrecipicnt will include this Section 3 clause in every applicable subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any SLII)C011tract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 1V. ENVIRONMENTAL CONDITIONS No finds will be released until City conducts in environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws Lund regulations. I f 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 'Wafer. Subrecipicnt specifically agrees to comply with the following regulations insol`ar as they apply to the performance ofthis Agreement: 1. Clean Air Act, 42 (I.S.C. §§ 7401, cif seq. and 2 CFR Part 200, Appendix 11, section (G). 2, Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, el seq., relating to inspection, monitoring, entry reports, and information, as well as ether 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. fi 4001), Subrecipicnt shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insw•ance 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 purpases(including; rehabilitation), PY20 SI BRI:C'IVI N I" PAOF I I OI�4-) Page 411 Item#26. C. Lead-Based Faint. Subrecipient agrees that any constrLtctialt or rehabilitation ol'residenikt l StlructLlres Will) f11,SiStal= pi'Ovided under this Agreement sha11 be subject to i IUD Lead-Based Paint RCgL1k1LiUns. 24 CFR Part 35, implementing,Title X of tllc I lousing and Community Development Act of 1992, These regulations revise the CDBG Icad based Faint requirements Lender 24 CFR § 570.608. Sucll re6ul9ti0ns pertain to all CD13G-assisted housing,and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such pi,operties may include lead-based paint, Such notification shall point out. the hazards of lead-based paint and explain the symptoms, treatment and preCtIL1 011S (halt shOUld be taken when dealing with lead-based paint poisoning and the advisability and atvail<lbility of blood level screening for children under seven. The notice must also point 01.1t that if lead-basest paint is found an the property, abatement pleasures imy be undertaken. The regulations Further 1'egLlil'C that, depending on the amount of federal Funds Applied to a property, Print testing, risk assessment, treatment and/or abatement may be conducted, D. Ilistorie Preservation. Subrecipient agrees to comply with the I iistoric Preservation requirements set fortli in the Nat iounI I-Iistoric Preservation Act of 1966, as amended (I(I U.S.C. ti 470) and the procedures set Barth in 36 Ci"R Part 800, Advisor Council on Historic Preservation Procedures f01' Protection of properties, insofar as they apply to the perlbrmance of this Agreement. In general, this requires concurrence trout the State I lisklric Preservation C)Clicer fill• all rehabilitation and demolition of historic properties that are tiny years orolder or that are included on a Federal, state or loran historic property list. V. [MINERAL CONDITIONS A. Appi-opHation. 11 is acknowledged by the Parties that atltliough 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 Plain, availability of CDBG binds to CiLy, and 111LIS 10 Subrecipient, is subject to C011gressiD1101 release of SLiCII fuilds to I1LJD and HUD's release of such funds to City. Unless and until l4LJD releases the funds, City shall have no c0i71[1'arCtual, legal, or equitable obligation to Subrecipient. in the event that CDBG liulds arc not niade available to City, whuthet- by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether Lender this Agreement or Lender any legal or equitable claim. R. Notices. All notices required t0 be given by cl(I14r of the parties hereto ghall be in writing and be deemed communicated when personally served, or mauled in the United Strifes moil, ,addressed as follows: If to City: if to Subrecipient: City of Meridian NeighborWorks Boise Attu: Crystal Campbell. C:omimmity Attn: Bud Complier, Jr.. CEO Development Progra rn Coordinator 3380 W, Americana Terrace, Ste 120 33 E. Broadway Avenue Boise, ID 83706 Meridian, Idaho 83642 Tither Marty may change its Authorized representative andior address for the purpose of this par�igraph by giving written notice of such change to the other party in the manner herein pRrvided. PY20 SUBRECIPiEN'r Auw".i;NII•:NT-NIi1(,I1110RWi RKS B01sk fA61: 12Oh 42 Page 412 Item#26. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CL B(J fiends, illClUding, but not limited to, 24 CFR Part 570 and Subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the fiends provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environlrlental 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 fart 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 Subrc;cipient's programming, shall hold harmless, defend and indemnify City from and for all such kisses, 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 iii)Llry, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipicnt 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 mininitun, Subrecipient must provide the equivalent insurance coverage For real properly and equipment ttcgLli1-Cd ar improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or racility improvement cotltracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix 11, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. [I, Grantee Recognition. Subrecipient shrill ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursualnt 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 PY20 S111 RIX1PIFNIT ACiItCL:N II:N I'—Nl:lcil Ino}ItWC)Itks Boise- PAOU 13 01,42 Page 413 Item#26. Colll[lrlll 4vlth Federal, State lei' local goVCrllillclltal gUidClII1CS, policies and available Funding amount,', or I'or other reasons. it SLICh a1ne11dlllentS NSLilt in a change In the rending, the scrape of services, or SchedUle of the actlVlties to be Undertaken Lis pat of this Agreement, Such modifications will be incorporated only by written amendillem signed by berth parties. T Termination (sec} 2 CFR Pad 200, Appei>Idia 11, section (B)). !. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days be Fore the effective date of such termination, giving written Notice to the othcr party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whale or in Part, may occur R)I- CaLISe, which shall include, but shall not be limited to, the I101101ving; a. Failure to comply with any ol'the rules, regulations or provisions referred to herein, or SUCII StatliteS, regulations, executive orders, and HUD guidelines. poticies or directives as may become appilcable at any tinge; b. Failure to ftilrill ill a timely and proper manner its Obligations under this Agreement; c. II1e ective or improper Ll9e pf lipids provided dirtier this Agreement; or d. Submission of repoils that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement For cause by providing written notice to the rather oFthc basis ol-termination. The defaulting Party shall have IMirteen (14) days to cure the deficiency or non-compliance. i f the deficiency or iron-compliance is not cured within this time period, the other ['ally shall terminate this Agreement Tor CALISC. in addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible I'or any rurther participation in City C;Dl3Ci progrtll-nming. 3. Work completed. in the event or any termination, all finished or Llnrnished doctiments. data, Studies, sLu•veyS, maps. models, drawings, photographs, reports, and/orothtr materials that.lire the property ofalid prepared by glibrecipiCnt Under tills Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days ofCity"s demand therefor. Subrecipient shall he entitled to receive just and equitable compensation for any satisfactory Work completed an such documents or materials prior to the termination. K, Assignment. Subrecipient shall not assign or transfer any interest ill this agreement without prior written consent ofCity; provided, however, that claims for money due or to become due to Subrecipient firm City tinder this Agreement may be assigned to a bank, trust company, or Other financial illStitUtiOn WltlltlLlt SLIGh approval. Notice ofany assignment ortranslCr Shall be furnished promptly to City. L. Suhc.cfntr•actc>'rs, 1. City must :Approve. Subrecipient shall not enter into any stibLO11tvacts With ally agelley 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 pLUSLIant to any applicable provisions of the City Purchasing Policy and/or local, state. or federal laws. PY20 SI 11 m-cil'i,N-r Acilt[I:Mr',N I —All ltil li3(11 WUI K5 Rol 7 IrAt E 14 C}r 42 Page 414 Item#26. 2. Monitoring. Subi'ec:ipient shall monitoe 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 bIlow-up actions taken to correct areas of noncompliance. Subrecipient slaall furnish and CaLIS4 each of its own subrecipients or subcontractors to luu'nish all information and reports required hereunder and will permit access to its books, records and accounts by City, i•lUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules. iregulalions and provisions .stated herein. 3. Subcontract content. Subrecipient sllall caau�;e all provisions ofthis Agreement in their entirety to be included in and made a part of any subcontract executed in the periorinance of this Agreement. Specifically, Without III-nitation, 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 dousing replacement. Subrecipient agrees specifically, withOLIt 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 CPR 570-606(b); 2. The rcgLIirenIcnts of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR Dart 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subreeipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570M6(b)(2) that aare displaced as a direct NSUlt of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No ContraCtllal impediments. Subrecipient certifies and agrees that no contractual of other disability exists which would prevent compliance with these regUirenicilts. 0. Severability. I['aally provision ofthis Agreement is field to be invalid, the remainder ofthe 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 writtelL whether previous to the execution hercofor contemporaneous herewith. Q. Non-waiver. failure ofcither party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waives•Or relinquishment ofaiay party's right to thereafter enforce Stich term, and any right or remedy hereunder n,ay be asserted at ally time aver the governing body ot'either party becomes entitled to the benefit thereof, notwithstanding delay in eilrorecment. R. Attachments. All attachments and/or exhibits to this Agreement fare incorporated by reference and made a pant of hereof as if the exhibits were set forth in their entirety herein. PY20 -ill;ICiI IB0RWCAKS 13()ISI= PAGF 15 01.-42 Page 415 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 , , r . , O CITY : City of Meridian Attest : B obey E . Si I, Mayor Chr ' h C ' r < PY20 SUBRECIRENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 16 OF 42 Item#26. �v e ✓IluON ;�1 Mi.w..e,X �7, pp� 8 � Y a x I s w u.,h,rN M1n�MNhN M1l�bilwlmyw„ inlrnw)4'l18 1 4' �y4.Irvti Ra „q M+3x4 PIM MJX lF4a&W WMI-B {J tlMXw1Y RI 9 r J6 1R! ry�s..Mrrn wi'w"W.IN �.NPrnWW wnwnRJi 6S q.-r"e • II..VWh,I 6I inlrvi Rn x nVuwNY'. ,r. 6/.Y�MN �r rRJ Ohi�n•4 xSi•r'nq i pi,a.lYe hn+,••,n P Q� `v S' :Ix•WXu ..hV�YhN 5cyrw�.+I! !f roMWw. < RI+R..l� Yxr1Y�'°le TrnA1Y Xtl 1 W k a m Jx „�� waw�++vX X.w.mXa �•i.l k LLJ rxv..rra n,X.,� �. In.w� � 8nrvwvn.rw,� n��yrwxe 4 J f d w m c nl 4 Page 417 Item#26. Attachment 2: Risk Analysis Summary Risk Analysis Wvrksheet Organization NelghborWorks Boise 21 o ram Name Ownw-Occupied Hamm Rapa�ir Fear 2D20 Award #,.7,L?OO.Og Total Points , lwao"iliirrq i-sr ,�....� �►74 Risk Level High lext oteps ;•011McrcrWarn. &WreiA FACTORS staw point Vakm Co—Wac tl 17oltirs wwlghc. a 13C ZOZ, -Abc,$,e ?0 S2r 'wX -$29-M e, 11! :0c -$19 �9µ c. toProgr =� 10�SS.595 2 SIII Oymignt rrll r1: E Awl wrP mcoerre tc selojt ',ro cgs D No Audit Alltscu;h Rc-a Sred F liar,C3i Ajo'a1CI C'C I Ca ALO"Av313DIS Ai.)Ct *t r" I:"Id 10 rypo of Corntraci FuC 1C ce Ecar-onIC Dr.,eo r'iert Ft I{ '3c lttle6,p i3rr rw 'r-WrL'We fiUMO+r Of Clionle 5erred welgh: b a}sy t d K4y cwguirzabonsl criangi wet n: 5 Ex?eLr ve D-e;tor d F i3ic1 i t,x-age- G Eaec�r. v,� t-c-,-Iorarc.rr e r.r: 3 1'a,3c-r T Fit+ r_'r � �:1a.•1t�r 3gtr lti 4r,e ` GOM� wet g: a Eg.mrmal 3C4>rr Il;h CG'I P;3n goai6 G 2 r: hCt-esser't x for 3=!n es nnent of Cor, Par ;-,a 1 Pr am Psmel ✓!rt s wsl ri: 6 C DEIG Progr3T did rat IIcClr.cc Sr-,Ie,-U'E']e 3'rw 10 hew Pre rare 8 8 �d CDBG Pr ra.T Degan on rcVdue 2 NNrtrMrlsn "ant'. G subr ccile!'it MS hlst 0-rOt Ubrr,',11-11 WOM Mery 10 New 0mc ran a A6 SlAw0ferit Ms h;slory V sucin�nrq re arts:•ret A C on rc E xpWWW#MIBUxy nsl « C ItieW ; rim I1q ' • ' '43r6 10 6G PY20 SU13RECI1'IENT•AGREF•MEN'r-NEIC HBORWORKs Bom PAGE 18 Oir42 Page 418 Item#26. Smmary Risk Analysis Worksheet d lean 136' N g'IA r ram rangy 10l'l+�e�1�0 C. 2 Years Y gore - 1e"• ar2yeam Consctit o ALI"(Any Mon tong wtlanz + Currvrt Ma,or flrar gG F raT-rgs aul word area sd'r ces, ow-lu. er.at for paymem e�rce N" p2mE - Cumt Carcerrs FIrdt s T-it necore Dr`a 4e's wtcn, - Er, f.nOV6C tltyrar�tme Cr sfcxlf Cafr 6e(1 Dme GomnwnAy Doft%nw I Pfwam Coordtft" L • 1 1 +1 ! • ! 1 1 i 4 • i I 1 \ 5 1 rR I W qi I LA-1 •! h ! R. 1 rf • r 1 .1 � 1 1} •f 1 TvF 11 h � •i h. J 4 1 / Ttlis+s a r�l prD}ect,*I)cP avL- artua4 man It Ngn ilk Ne9trGonVOM3 E 04A ras eK-parer~=t an•.cmc, a'70 M] rcrrrht su'oreap*nt for�-* tl900g3ge A9461moe pWarn City t«Urrt awl work G:aNy Wtn Ne-gh ortiwoM Boist to get Me grouna PY20 NE:I(.iE 11 ORWORKs Bl)151- PAGE'. 19 0E.,42 Page 419 Item#26. Attachment 3: Signing Authority t'OMI,ICte the Imm to designate signing authority. Subrecipient Mime: Project Name: o wvL.e'r- µ Program Year: 07; Stahl date: # cfo6- ,e c� End Date: Name Title Authol•ized to sign for (check all that apply): lc{C]ltllyln T Tnaturc f rianCial inti'actllal w Lift, Name Tit le A4lthorized to sign for (check all that yf:� ap ply): Identifying Signatiirc financial I.Q`Contractual v Q_rt_L-tb(L OP �OOT(467 Name 'lit le AlLithorized to sign for (check all that apply): Identifying Signature ' Financial E)k.ontmctual Signing authority far the above individuals is authorized by: Ga Name r'itle t 9 7�/l 0 Signature Date PY20 SIJBIZECII'IFN'r ACiftFEMI NT—NFtciilliL)kWUIZKM Bo)Itil; PAoi;20 ol�42 Page 420 Item#26. Attachment 4: Federal Certifications The following are required as referenced below. Subrecipicnt Name; _ g\� C 11-_C> �c]I;-e_ Protect Name: ROWg P—L - Program Year: n7ti0 Start Date: Or-yob-er Xvc -O End Date: S -e Subrecipient maintains a policy for and complies with the following; Yes No NIA Policy ❑ d Cd ADAISection 504 [29 U.S.C:. § 7011 g C`i ❑ Conlidentiality [2 C VR § 200.303(e)] (� ❑ ❑ Conflict of Interest [2 C17R § 200.318(c)(1); 24 CFR § 570.61 1 j 0 ❑ ❑ Drug Free Workplace (24 CFR part 24, subpart 1°] ® ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ Fair Housing [Fair Housillg .Act] (if applicable) ( I] ❑ Nondiscrimination [24 CFR § 570.6071 [� ❑ ❑ Procurement [2 CFR § 200.31 S(a)] (il'applicable) IS Subreceipient a nonprofit entity? ITYes ❑No Per 2 UR § 200.415 major nonprofit organ izat ions lare ineligible for this funding. If the agency is a nonprofit, please select one ofthe 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. 7t�,D�- L6D4tiN�Ier C F 0 Name Title ��OL4L9,v 9/ ignature Date A nnajor nonproFI organization is defined in ;3 200,414(a)as an organization receiving more than$10 nliIIion in dirccl Federal funding,. PY2051113RE IIIIt",NTAC;REC:MEN'I'—NiIlif;I1I30RWU1tKtiBL1isI' PAC,u2101-42 Page 421 Item#26. Attachment 5: 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(l0) Project Information Project Name: NWBOwnerOccRehabPY19-21 HEROS Number: 900000010152725 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparers 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 weatherizatlon, 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°f 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 g4lallfy- 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). Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) PY20 Si MILCiPIENT AORCE ENT—NEAGI MORWc RkS BUIs L' PA(A_22 Or 42 Page 422 Item#26. Signature page NWB Si,1,1,11:tWrc Page.pdf' Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 119 Development(CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $10,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a)(5)1, $10,00o.00 Compliance with 24 CFR §50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58'6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section. The project is in compliance with Airport Runway Clear Zone ❑ Yes 21 No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [1G USC this project is in compliance with the 3501] ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section. The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not he mandatory in this instance, HUD recommends that all insurable ❑ Yes 0 No structures maintain flood insurance PY20$I]t312]x'1PIFm'A(;1�1.J;M11=N'I--NI,IS IIBORWORks Bc]Isi: PACif 2301.,42 Page 423 Item#26. 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) 958.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR §50.4&§58.6 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 Complefie or Factor Completed Measures Mitigation Plan Supporting documentation on completed measures IIY20 BOIS[- IJAGE 24 OF 42 Page 424 Item#26. 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 PY20 SUBRE.;C]P]UN r PA(i1;25 01 42 Page 425 Item#26. 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 U5C 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 PY20 AC;ftl'I:NII'.N'r—NVI(il MOR WORKS Bold:: PAG,1:26 0-4.' Page 426 Item#26. Flood Insurance General requirements 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 ac uisitian 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 Screen Summar 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 PY20 SUBRE"10PIEN r Aaizi�.i:rvir:N-r—Ni:.ic.i u;OawOEthti BOisi'. PAcr;27 OP 42 Page 427 Item#26. Attachment 6: Budget NeighborWorks Boise Owner-Occupied Home Repair PY20 Project#119 Rehab Costs Admin Total IDIS Voucher Award $ 50,000.00 $ 7,000.00 $ 57,000.00 Draw# Date Timeframe 1 2 3 4 5 6 7 8 9 10 11 12 Total $ - $ - $ - Balance $ 50,000.00 $ 7,000.00 $ 57,000.00 PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 28 OF 42 Page 428 EEI Attachment 7: CDBG Supplemental General Conditions CDQG Supplemental General Conditions l'l1CSC "'LI(lllll IIIVIitk1I (ienerlll ('()niliI it)n5 itrc 1t) bC ll�u•L L)r11 Oil 01`Meridian ('LnllnlnIIity DCVCI(III nlcnL Block Cil•dull Illndcd collsn't101011 prgjeul_ Preconstruction Conference Aller the connucl(s) have boun awa'ardud but before t1u:start o1 conSII'LICtion. a C011ibrelll'e v011 he 11CId For the purpose ol` discussing rciluirements on slick maim'S ;15 111'OiCCI sL11)MISl1111. progress went;dull and r411(lrts, pmroll;_ paynioni it) C011U lCRIC'S', CL1liLracl Chitngl; order, insuranw. sull:ty unit outer items pertinent to llle prgjecl, 'the Contructlll• shall arrange it) have all sllbunniniclors and superi-is(li')'Personnel colinveled tw'ith the project on 11mid to I11CeS w6111 I'elll'etielll;]liwL:S Ofille engineer and owner to discuss ttny problems anticipaled Reports and Info+•mation me common; at nwh mans and at well 1(unis as the Cit) may 1'CLILlire. shall lurnisli the C•it} such periodie reports as I'CLILiested pertaining Lo the ww'nrk or see ic" undonaken plll'tiwnt to this Contraa the cults iInd obligation; inckl1.rcd or to Ila incurred In curatediNi tberl'kil. anti wiI ollicr matters cov% 'cd by this contrael• Conflict of Interest No nimWwn ( lAmr, ol•eniMmvCs or me grantee. or its designees LIP agents, no nlcalbcts Of Ills grUrlWC'S gOVO-Ilittg hudy and no other pnhlic orricial or to grantee lvhu exercises any limctions nr responsibilities with respect to this contract during hitilher tentu•C Or li_,r one(I) scar diereallen shall have all)' Inwrom. dhVd or indirect. in work to he pt;rfornivd 11;Con1-1COU 11 With this contract. All comi-actors ;~hall inCurporatl:, ()I cause: LL)bC inCl)rpol'atCd, in:Ill suhcunlracts,a Provision prohihiting such intun�t. Minority Rusiness Enterprise, ,9 ir'm;ltiwu stops twill he token to unm'C that slim;ill, nlimmity Und kniale hLlwtnesses Laid lirnis located In 121hor"urplUs areas We used Won pnssiblu assntirces orsupylios. CLILIipment. volislruciion and icos. Allirinnlive stepw sliall inClUdC 111C 1011mving: 1, 111CILI& ❑Ilw Stich gtkil11ied firms oil solicilation lists. 1, Thal ,ijch firms am Sollelltd whenever they are potential 5oLlrces. 3. When U0110111iCall' 1e(tslb1e. dixi v l ILd 1'eLILlironienlS into small tasks Or i nantifles st) aw Ice permit siio1 linns 111ilvluulll participalinll. 4. whcry Possilllo, establish de11w`ery SehedLllCS lwbieh Will Cllentll'agC RLIC11 11a1'LICIpatltltl. 5, We A SoNkes slid assistacco file stela DLItiNos Ad111ini ratimL IdahIl 1rallsportatIon Deparitnellt`s INsadvwUage Business Enwpitc PrL1gmun. and Wher sowres 1%liei1 appropriate. t24 C R Part 83.36(e)(vi)) I I U D Seedon 3 TV('i]13(i tislllling for this prujocl exceeds $200.000 and the cotlslructlon cantracl. t!rcecds $1 0t},000. Lhe pill'lies to this contract ww ill Comply "AT Me rcgula MIN set Mirth in 24 U R On 131 and all applicable 1111ON and otdcrs OrtlIC LIC1111 tI11011 ititil.led Lheretlnder. Section 1 rciiuircS that 10llle 91'4i101 Cxtellt tentiiblC OppOriLilliIiOS tut'training and enlplol meet be given to ioNk r inco111e rcSidents or we Ilrljut amil and contracts Ior %work In c01111CCtlllll With 111e pAljCcl hL".il 11111CO 10 hLltii0C$6 conetmis which arc 10e'a(Ccl in,or owned in substantial jum by powlllls residing in the area sIl de pl !=L Me parties to this contract ccrtil) find agree thaL the) arc Llnlfcr 110 Wlinaclutl! ar OIhC1' (hilt %Mallet I)JL'lCnt llleill ti'oIll cillvlpl�'jng w4'ith these requirenienis. Aw eontraelor1011 include this Z+CWty 3 (Allow in ONCrw sL1hC0I1trnL3 in eweesy ol'$100,000 t`nt wtork in C11nnection %with the prcnject. 1:i11ILIIC 10lulfill 111CLC 1'eLlllil'C11W1lt% ,hull tiLJ�jCCI fileCOntrUTA01' and',Ubcontraciors. Its succesnrs_ and ossflis t0thoso sartolon,s sped(led ill the I rant agirce'itlCal Illl'Ongh wvhlCh ICLICI.11 ;iti$ISAWC 11 pl'odded, and to nwh Sa11ct1(lns as fire speeiticd h} 24 ('I It fart 135_ PY20SL1131~.-TWIFNI,AaiI =rmfmr.Nt:IC;HonRWoRKsBusi: PAW 290p42 Page 429 EEI handing All bids;Shall be accnnlp ow by a guarantee equal to Lit 1e},15t 111 r lnilX111 01S„1 111'IhC hill t11110Lllll, '11115 guill'itlllec thus- hc`in the lurnl nl'a hand, ccn•liiied check nr other rivgoliahlc inslrunienl. It d boilds 101 lie accori partiod hw powcr i)I'uUurllrt bearing the sonic dLlie as dle Mond. 11`111i's t:olitrao is Ior Lill mllimnt ill vwcsS ofSIO.000. 1110 Col1I1'iiciol• sh1111 l'unlisll a Perfill'I11,1110C hillld it]tin a11101.111t Lit kilsl ctlLlal to one 111LIldred tlercerit I I00l 1) arthe C0111:1d i11'ice LIS.secul•Ily tar the lhkhlill Pudbliriance of udm conuUCL Ifle vontructol shall tilsn Wrnkh a ihq'xtei1f hand h Lin alniiiilil 11t11 ICSS I11i111 011e 11111RINd rerWll (I00%) o1'd1c CUlltrad hl'1L'' as SVLAIJ'ity 10r the ha1111e1ll UI ill) pC mms 11E1'IC11'111111L IL1Nw ,Wer thk Ci11111' O aml tl.trnishing hinicrillh, ill colinvu(ion With this C01111'ilet. idLlhli C•ocle shall l~ovcrn i1'Mk Co U'Ut is SllllLOUD or lc&(24 CT'R Pull 85.36(11) ttlkl IdL1iu1 Codt 31-4005-4000 allld 34-1933-1k)1;)1 i'umic 1Vorics i,icewging orcoiltl•actal's Prior lu the award of the Col1lma, hifldvin whLlil t1 was o Uhtu111 a Iicellae aucd in the stair or Idillln by the Idaho PuHic Works C'unlracturs I]MISC Board in the elms and LMxsWcitied Mr the value Lind scour ol'ililrk In 6C dt117C in aCCordanrr nilh the provision nf"fitic 54. Chapter la), Idaho Code. as ninentled- tiLihcollu'achil's ulrifCl'luI InL to I1cr1'1pril t0l) work c'oacrtixi Ily 111C eollll'aicl Must 060 Poness ur obtain a Howse 1n•itlr to awkird ot'llie crmu'aet_ Alnv Colistruelioll pl'Ojee( wilh till esbiluted COSI af-Icsa Ihatl tan thousand dollarti ($10.000) Ls exelnpl Prom the licenwisi!;: requircnlenl- Standard Enviroumeeit:il Mitigatioii Measures I. The coaslrueiion conlroctors inusl crmiply %%ith the Rules l'alr Ih4 Control ul'AIL' Pollution in Idaho, ll)Afllr 58,OI AlIASLIN) 1mpla1i1emOgprectiu11011s 111 pwvenl IaulliGuliila mutter kmi heowhT airborne. 1 Ifun} itenis ofsuspecOed historical c1r We my mwmoul during construction,the ci.lumuni• Trill he required 10 sLp)7 v1r0f'I% 11nd Co11u141 [lie IdUllo 1)1.11C 11i"ItVIC PI•aselTuLialn C)I'Iice' Mid the Id:1ho l)epurinlsnt of C oln nl VI•ce. 3. Che Collation Lind dis NiS ll (ICwtOrnl and surlilce ~Water 1'11114 W 11 mn We hl'llleel in mum eonQ %hh & Idaho 1)e11L11•lnlQllt Lll'I"'Ilvirolilli,'111ul Qtmlltl•'S (DEQ1 C'ufalog, orsiolli Witter Best h urutgcrllent prilctias tlir tjoWn 0411 Storm ii'iltcr Ireatl17e111 Lind di$ppsnl systems, 4. Ile CoI1imclor 5ha111 cillnplP iOM the pivykims oflllc ILI10ronnierikil PI'oloctloll AgClll`y's National Pollutlait DkIIIIarMIT GhlIM1.40 Syslelll (NPI)I'S) fieneral P011111. RV Stol'ril Waller IJiscilargC 6roln C011S11'LIC-lll111 Aclivilic'ti illlil t11C('[}rt$ImoiLln timno Wulrr I'nlluliun Plkvrutuln Plan BWPPM, i_ INurtrlg to nMs1ru5hW 0 Ilse 111'l1,jc& U" nodal•round talcll•age lank. [ Hal dl'Lllll. AM' WrIltllllOn CMUM1101MMI soil. or debris 1101 schcdLllyd lair rcnioval under the contract are chNu vered, [lie Contractor sli€ill hipmiediii(t•I) nlllil'i the I_ngirlcer and the City. NO 1.11teoll3t S111111 lie Ill€de to eyCavalc% opcll, or reillovc SLICK imiLerial ivithouL i+l'ilwil approval, Clean Ail' ,and Water Act I''l1r all conlrLids and sullemumcls oweeding $ILM litR Me uviu`sirnlr aind all all Willruclors shall wilipl) iiilh the rcyuil%nlCnl, (il'111c C'Icttri Air Act, as anunided. d_' L15C 1857 a sq.. Me Fedoul Waller 11411IL11i0l) C i11Itl•o) ACt,us LInlcndetl. ?3 t ISC' 1368 ul se, uncl the 1vgwnouns ol•the. I'n4'iriln uoWl I Iowa ion Agen ) n hh respect ihcl'rlo. at 40 CVlk 15, as amended. I. 1111y building, 1:161111' or sae listed tin lhr I-PA List of Violating 11641 S as 01•lhis COMM MY-MA he uw+"d in the (,cr1ul'm~au oflllis contract• ?. The eontrockor 1011 comply ii ilh Lill fllr ol-Soclion 1 14 ol`lhr Air Act Lind Section .103 Ill the Walter Act I-Cluling, to insl ecoun, nll7nfloring. entr3. reporI$ and inlbrnlutIHOM US well as islher• lVLI1lip0l1c11l8 SlivcillCd ill SVCH IJti 1 Ia and 308 ol'Ihe retipective Aos, .Intl all regulailinllc 00d gUidclhles iswucd thcrclnlxlcr. 1. Prior losil<ning this eonlract. die cuillmdur shall Ill&Q the givinlee nfanv Comulorocadon front ITA indicating thol n facility to be used in the pel'1i1r0urgec ol'lhis colu'ac'1 Is llnclwl' COASiLI0lall01l 10 he Iisled on the 1,11A I.im till' violating I-iicilik". 4. The commetor shall include or emse to he inelukd We Blur (4) provisions in every Nirlworltrucl in owess of 'i 100,000 and Luke such action as lire govervirrien! nw; dhva as a Limas ol'cllii mog su,sh pl'uvlsions. PY20 S11lil�l:CIPI l_N I ACIkI l tv1L:N r— II:ICL11131)I Wl)lil:s Bold: PAG1.30 Or 4 Page 430 Item#26. Insurance during Construction the Clllitniclol, Shall IM1 0 III CIICCI Wit h00( iIIWIrL III tlOn II'om the date o17CLTI14lrllc(Ilgl ComIn oil CC III Cllt LI lit 11 Iill itI Pily Ill UllI is nlwtd4 and the Pro Iw iA,clUsed-nut PurSuan( lu the 10'I11S 01'thiS C01111'alCl, the following types of insi.1ral1CU. I'LIrl11Cr. 01C contractor kuirI•ams such Inmllll[lCC C0VVI11�,C Shill! [I(:kNrlllcll on kill "o04'Urre Ice"lioI dk and will he ohmincd 1Y'llli Idle l'ollL1 ing. wininium liallil111 linlits: I. Worker~ ('ompens'alian Insurance and 1';lnployer'S Liability Inslnalnce; I l) Slate: �wLlttor} Limits (2) I:mpluycr's Liatbilily- $I0{m(M lice acci(Ient ,$500,000 Discasc. Police' Limit $100.000 Discaso. klich 1•:111pluycc 2. Comprellunsivc or C omilIcrk:i;tl GeneralI I.iahilily Illyurunt:e t\NCII ~hall he.endorsed (0 11un14 Ih4 01'P A it I M I"N I'as. tin ndditinnal insured. It shall illulude preliliscs klperaltionl L1wm:rs and conll'alctol:S piveoivc li.iNlii%, pruductS and complcicd operations lialhility. perS011,11 il)jury 1i11hilily inclucilllg employee: acts. broad Rural properly damage liability' and blanket conlroctual liability, 1Villl Ito 4!\CILI51011 I'or cxPlosin[l (X). copal?so (C)anal undergrotuld (11) hazards; (I) $1.000.000 Ft lcl1 OCCLLI.1•Cl1CC (2) $1'(1tlll.o00 PCI 011al Injury (3) $''7_000_000 Products/Completed Operations la be maintalincd ror two(2) ycors Iilllowing final! payineal (4) S2,000.000(icncral Aggregate Alltoll1nllilc l.lablllll lnsnlilnc4 Illilll7 shall blrc[ldal'scd icl tikllllt Ill!`Clly ill fV ridit111 nv tin aiddilionilI insured. It shall includL: 1e11' I1ldil1 IIl•llll'y and property damage: $1,000,000 C'ombincd Single Limit Proparty or Builder's Risk Insurance If required by the City, the contractor s111111 have ill c11ect Propel'ly or Builder's Risk Insurance. The PI•aperly nr Buildel''s, Risk III1;Ljl-t)IIC0 S111d1 include cove,"sgc Our all clirect phy'sicui IOSS,uisu UMVI1 (IS"Special C al."es cif'Loss" in an amount equal to t1tIL'-htlllLllVkI percent (100%) of the cmilllaled nlahillItlill VAW lll•(llc PRLJCCt tlpelll C01i1111et1011 pith 1110 111'0'.Idesl l{1rm of"all risk" co crage possiblc. Certitieation of Nonsegregated Facilities Vol.rnrllr.lcts in excess Alt$10,000,(lie coll1rac'tlit' curd lion that llc/she does not nialnluin Or Prol'iLkL Ior hi Alel'CIllI)l(lrecs Win st'YR'L'atCd GICility It( 11I1y Ol'his/her c'S1a111liSlinlen(S.and Illal he/slle LIOCS llul pel'lllit Clrlployees tl) periurm their s@l•VIL'CS at ktm lllulti011_ under his/her cuntrul, where segregil(ed Ilicili ies aro mainlalincd. I Ic/she eertilies lill•ther that iu:/she Will not rliailllain or provide for cmptnveas ally Wgregawd i4cililius at any of hiwlher establishments.and he/she Will nut ouch it enlpinycLs lu prl'[urm !licit' SC1l'iCC5 all a111y lovation miler llis/1101'CLItIlrul 15'here segrega(cd lacilil•Ics are maliliwincd. No bidder. olYcror_ wlpl,licmlt Or tiuhC0LI1I'U:(or agrceS that a 11rcaull of'(ilis ceriilication iS a vinlllti0l) 01'111C EL1ual I)pportunity- C lause ol'this contract. As LISed in this, ccrtificaliorl. the kcal "Scgre6mcd Iileilitics" means kale YY,kililig, rooms_ work arcus. rust il1011lti kllld N'altitl r(7{71115, I'eStilnranlS and l7lhLl•cating al'CilS, time cluck;, locket' rooms. iind other Slurag,C Or dl'C;SiI1g arca.S•. *transportulion and housing, Iilt:ilitirS prcnidcd tier CUIPlnyecs Which Lwe segregated by expllcil Jirectivc or are ill s,egrogawd On the MISS of iLaCe, C010r. rclisJOII. Or na6011al origin, because of hohit- ioeul ctistoin. or olherivise. She/he I'urlher ;1�,rces thus (except where She/he has ohwillCd itlenliC31 ccllilitllit)h'; }1111111 PI.OPOSW SIIbC0II1r;lcl0l•a tilr sprrilie link pCl'iotls) Nlio1ic Will ubtuin identical ccrlilicatiaul from proposed 4u111 411 11 1'kl41LT;ti print' to the awk11'd nt'Suhconlracts r,Mceeding S10,000 lY hill 111V IIOt CN0111pl ll'()lll 1110 Ill'ovision.; of till ia)tlall Opportunity Clause: thal She/be mll 101'il'Llyd the IOIIOIIIIlg° I10tice io 511Ch pl'ol?u7til'il S41f1eUIlI1'1Je101'ti (VXCep( WhL7rO PI'LIPOSCd Subv011lractols hive sL1bmiLwd idvi11iiL11 Cel't1IICL1iIs1t1S 1'hr Speclhc (Inic Periods), "I';Ukillg ILllti_ drink111g 1011111a1iLIS, recreation or enler(ainment LirNts, Conti-act !Tiring The Cotil pills a polvelitagc of cost and percentag,e of conwilC6011 cost IrlethoLI ell'cnntl•L1Cting shad 11101 Ile used. 'I MS chulac trvCrt'ideS all re1&VIlceS la the COSL-PILLS method af'I,ricing. Data, Patent, and Copyright PY20 51M1WC"IP11'N'r ACi RUMEN'—NIiIGiI oizWly Ks Boisr PAO,k 31 01;42 Page 431 Item#26. The contractor shoII hold Find save Ills City acid il5 ul•licers,agents,servants and employees halrnlless from IialbiIity 01'aIiy nann'e Or killd,iltrlticllllg COST and exponseS tot',or oil accoulll 01, any{talented tlr' tlnpatCllild iliV01100H,prc1CesS,tll•liCle 01' 11ppliarlce nM111,1fnCR11CLI ul-llsetl in the pert%u'nlanar ot-the conrl'uet,including iIS use by the City, unless tttheiVisu speci lic:ally Slllttllated ill th4 COiRNICI dQCtlllleills. Actess IU Revoii s The grant(w,t1w rectrral gra lltol,agency,the C 0IIll)trullCr GelIeral ut'dw United States, the City or Meridian,or ally of their dLlly kltlt1141'Ized rl[71-eSell tat ive&shall have access to ally books,tlncllnlents,inipers,and r44ords of[lie contraclor which are dircclly pertillenl to Ill isspceitic wil tract,flor the purpose ofttlakin t tltldit. excerpts.811c1 trilnscriptiolls.All I•Cgllil'Cd MCorclS mi-ist be Illallnl(hied by the corti tetor For three(3)years after gralnlec tllalM linal liayments and all other prlldirlL,11nlatters are Closed.(24 (TR Part 85.36(i)(I 0)) Arciliiectui•a1 Barrier Act Any huildinl;designed,cortstrucled or altered Must be made accessible to persons with disabilities, Exceptluns include(I} alterations where accoss Cannot be provided. i.e.roots. Belling systems,I.vater and sewer syslems; (2)alteral[olts are[lut structurally Feasible;or(3)where L1n1(Iorm Federal Aece&sibilily SI_allclards(UFAS)ur Americans Willi Uisalbililies Act (ADD)requirenlellis,:annot lie met according to ulidlle hardship criteria.(42 LISC 41 5 1 ek seq.,N CFR Par[40(LIFAS),24 CFR Part 8) Leml Bvised Paitlt For all residential new construction or rehabilitation,u4e Of Iead belled paint on 811) inkeriorsurFfrce, whether accessible nr inaCCMiltle.loud Owlrr'iur SIn ht4es readily accessible to chi tllldorsevell (7) years of age is prohibited. 17pe surli-wes of all r•.1i.NArti Y1rlI'IrjFe5 rmrst ire• inslivul d. Irload based paint is I'LlUnd nil ally interiorsurrACeS ur alccs:ssiblt stll'lilceS.it must be n caled;it ltl relminic'd lwilh mo(2) cuts of nonleald p1li111;Or Colllltletel3+re1'T7owec[,DI'covered will)t1 SLlltablt;IlliltC la1 SLICI1 ns gypsum wallbuiu'c4,Plywood oi' pinster,(:)M CISC 4801 el Seth,24 C F'R Part 35) Dsivis-Hneon Nod Belated Acts See Federal Lnbor Standards Provisions IALID I-ol-m 4010 within the bicldint�document. Copellittd "Anti-Kickback" Act See Federal Labor Sulndards 1�rnvisions I IIJD f ot'nl�4010 ivitltln the biciclinu cicieuntenl. C'ontruct Wei-it Ilows and Salrety Standar-ds Act,Sections 103 sllld 107 See Federal Labor Stnridal-ds Provisions HUD Form 4010 1 ith111 11W blddlllf?[iO4'tI111en1. Csxeiutive Clydei• 11246: Equal Employment Opportunity During the perfur111"lue (It•IIIiS Cl)ntraet,the contraCttu'II,OeS its tiillokvs: I. The wntractor will not discriminate agalin5t any employee or apillicanl lilt enllllnymellt bCOMISC ctl r,lCe,color.I-Cligi011. sex,or mailollal origin.The contractor will lake atl'irntakive action In Cnsure thm applicant~are endplayed,and that enl1110'Vees are n'Calcd chu•11L) lbeir eallpluyllletil ►vilhutll regard to their race,coinr,religiolt,sex. ur national orighl.Shell ,1C11011 tih;lll IllClllde.but not be limited to Ilic lilllowing: tnlldlotlurcui, rrla r4rclin demotion. ar Ir•cudcl'er; recruilNw al nl• rrC r?I ill Nrlrl al III CrIksiIIY, /In-(r(i or IcI-ildIILIIion; r'tIIcAs I#itc11'or other lojw?s (III roj Ili)e I In it tfi I I,'cmd 5'6ykt ction jv•ireditin , irrrlrr&Ir,>< <rpl�rcwlicc�slrill. The Colttractnr agrees to post Ill C01151)icllous Places,availalalC 10 CI111)l10YCeS attd applicaniti For etlilltr',il'I11Cltt.tiotices to ble provided stung florth the prat is ions ol'this nondiscriniiiiation Clause. 2. The Coll Imclor%viII, in a I I solicitations or aclverlisenients ror empIoyees placed by or oo beltnll'o1'thc contractor,slate that all qualiilwd applicants w1II receive eow;idcraliuna Por elliployllleni willloul regard to race,color, religioli.sex,of nalional origin. 3. 1"Ile Colltrarmor will scrod to much labQr ultioll nr retlresenmIive of wovkt:rs wi[h which he has a collective bargaining. Ilgl.Qemalil Or Other Wilti'M❑l'lglderslancling,a 110liC4•lu br provided advisitTg the said ltlbai' Ullitlll nl' workers' rcpresell1.11iII Cs of the coilwlt:tor's ComilliIIII011[s under this section_and shall post CopiLs,aCthe Notice ill con Sill cunlls places availably,to elllpluyees and:Ipl-dlicallls For employment_ PY20 SUI3REC[i'll ENT AcIRi"L N1tiN•t•—NI;ICil l lic)l2 WoRks Boll PAG H 32 0:42 Page 432 Item#26. 4. 111e contractor will compl) with till provisions tit`l'xeculive. Order 11240 ol'Swptcmbur 24. 1965, and LII the I'Ltles. rwgul,1llL)ns. and relevant orders ol'tlll Seurctary of labor. .. '['lie CulllraCLOr 1tiill 1 111lish all intbrnution and reports rzgL61'1:LI by FVM1l(ve 01-der 11246 o1'SeplCnlbcr 24. 1905. itnd b-, rule.;. reg,ulatkolls. and ortlers ortllt Secrc(ary Lit-Labor. or pursuant thct'CILI, and will permit access it) his books. rCcORK and accounts bN the udntinislering ttgt 1c)' tind the Secretary of I.i1bor l'or purposes Of in vest lgntion In ascertain cunlplianuc 1lilll such rolcw. rCgulations. alld 01-dell'. 6. In tht:evQ111 of 111e L t1IlI1'7kl 1L11''ti 11011cnlllpliallct'. with the nondiscrimination ClausCS ufthi5 cculLrael of 1`,i111 utly of1110 +slid VU10', 1't'LL1101IOlIS, ur ORICrs. (Isis uontmci nlay Ile uliccled{ tCrlllillVltCd, nr SLISPendcLl in 1vhule or pail urn'( the contractor 111,1) hL-LIL!rlLlrcal i1lQIj8il)IC fur lilrlllar gulcrllmcnt cnin-acts or h:dcralO assisted construet]otl eollMiCtS Ill llcellydllilue 1%h1l IWOCCLlures authori-ed in Executi)C Order 112.40 ul'Scplcnlher 24, 1965, and such other' sanctions moy he imposed and rel1lCd ti invoked as provided in I.Auculive OrLlcl• 11240 ol'ScpLember 24, 1965. or b) rule, rcgulotion. or urdcr oF the St@crotal'1 of Labor. nr as otfier i%c provided by law. 7. The colllractor will inClUde till` Portion 0l 111C tielllencC 11111110(Inlet) 111'CCCLIlI1L I1;lrilgl•i11)h L I 1 dill(] khC plVV'1Siol15 01 11L11'Llgraphs (1)through (7) ltl 4"4'el')' SLlhCtlllll%lot 01' l)LI1'CIli1Se order 11111eSS ONCIllplCd by rLIICS. 1'egilkI60115, 01-n1Yie1'S 01 lllc SecrL:l.n of Labor isSued Pla:wuant In section 204 of I:\CCLIIivC OrdCr 11246 ol`SCptenlher 24. 196l . so that SIICII PrLlt'iSlutls hill he binding upon each suhconlractnr or vendor. 'Ihc contraclor will lake such action wilh resp"i to any suhcomract or purehase order its ills administering itg(Nlk•+ nla} direct IS .I +„ ,1,.01'cslf1,l,cing such provisions. illClud'ing sanctions IOi' noncompliance: Provided. homnvr, that Ill Ill e\%:m a CO11tr;Ictur I)CCL1111Cti involved m.or is lhrnitened W1111. I it igai011 rvtlll ti SWIColltraeltlr of vendor us A result of Such direction by the administerllll;' agency the eonLriicLoi'may tt:LlUeSt the 0111tC'd SW(e5 tO C'lltel- rol()SUCK litigatioll to p1't11CCl the II1LCr'eSIS ol'the United 5lalcs, 8 The appticuill 1ar11ler agre' S that it WIII Ile 1101,1110 1)1'[lie Obove equal oppnilunll)' CILILISL' 15 Ith respect to its own employment practices when it Parlieij)OWN in I`cdCrilll) aSSISICLI consu•uclion work: M-ovidcft Mat ifLhe applieallL SO pallicipathig is a`;tilts or local govCrnnlcnt,tilt ahoVC CLluLll oppul•Lunily clause is not iipplicable to ally tlgCl1q. Iltstrllllrtllli)lil) or Subd]visdon ol'such government 1lhich does not porlicipaw Ili work Ulf or undor 111L1 COl1Il%Wt, 9. Tile applicant agrees that it will assist and Cooperate ;miicl) kVilh the 2LII111lliSlC1'Ing agenev and the Sccrctary of Labor in obtaining isle conlpliumv of contractors and sulu'onlrciclors LLith the equal opportullil) L;IaINC and the rules. I•uglll1l1ion5. and relmant orders tit'(lie Sccrclar) of lahor. th11t it 1L ill flurnish the ldlllilljSLCJ'ioL) ilgCIIC, and the SMdill') ill'1.a11ur such inlurnlaliull as Lhe� nut)' I'Ctltlire for thwsuperlision oC"tich culnl)IianCc, and that ii \Sill otllenvisc assist the udlilinistering ugcncy in the discharge of tile ager)cy'ti prilnar) rCsponsihility for sectiriag compliaaee. 10. the appllcillll ILlydicr agrVes lllal it 1%ill rcli-Ain li,oln ellterillg illtO tally Cants t nT ccullraC( nioditication subjCCt Lo I:.Xeculile OldCr 112.46 ofSepten)hcr 24. 1965. With a contractor debIkI 'Cd ll'0111. 01' %%'Ill) 110S 110t dMOMSIrtlled Cligihilil) for, 6overluncnl Contracts 11od lWerally aSsislcd CflllwtrtlCII011 contracts I)LlrSuanL 10 111E 1-.XCcutivC order and will carry OLLI such SWIClialls and POWIticw I'Lir liolalion ui'Iht squill oppoilunit)' Clause aS illay he illrllosed opon contractors and sllhcontlaetors by the adminiswring aymw\ Or the Secretary 01'1.601. 11UI:SLlMA ILl Pal•I Il, S11I11111r•t 1)Ol (llt I-AeC•LItiVe order. In addition, Ibc appliean( agrees th rt il-it 1•,lily or relusCs to Coln ly with Ihese undertakings, the administering agonc) may Bike till) 4r All o C Ill 4)]1o\N ili2 actions: Cm ice I. terminaw, or suspend in whole: or ill pall this gram (contmel. loon. . hISLII'1.1I1CC, gUari nive); 1'0I1_Lllll ll'Ulil C-iWildili all)' turllm. i155i%Ulnee to Ills applicoilt under Ow progralll Ll Ill( rospecl Lo Which the Iiiiluru or refund occurred until tlsswrance or tilturc compliance htrs hcen received tram such applicant: lend icli - till:Cake Ln the Depar1mem oI'Jw;1iC4 tc)I'#lplll'01)111114 iL`gUI l)RICOOdillg;, PY20 S013tt1 CIVII.N r AC;R1TNlI'.N•r—Wicil113()RW(r Ks Boin PAM;33 01'42 Page 433 Item#26. Federal Labor Standards provisions U.S-Department of Housing and Urban Development OfflGe of Libor Relations Applicability (1) The work to be performed by the classification The Project or PW90d111 to whrcll Ilia construction worlt requested la not performed by a classification In the wage covered by this contract pertains is being assisted by the dete(mination; and United States of America and the following Federal Labor 0 The ojassiflcation is utilrzed in the €area by Ilia Standards Provisions are Included Ill this Contract construction Industry,- and pursuant to the prgvisitans applioabla la such Federal (3) The proposed wage rate, Including any bona fide assistance. friilge benefits, bears a reasonable relatronship to the A i, (I) 114111Murn Wages. All laborers and mechanics wage rates contained in the wage determinarioli eltlpl❑yed or w❑rki,ig u)inn the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be wlconditirynally and not less ctien than once a weak. and $replayed In the ctassfflcailon (it known). or their Without subsequent deduction or rebate on any account representatives, and HUD or Its designee agree on the (except such payroll deductions as are permitted by classification and wale rime (Including th0 amount regulaiicrls lsstled by this $ecrelary of Labor under [he designated for hinge benefits where appr❑prlats),a report Copeland Act 129 CFk Part 3). the ruhl amounl of wages of [h:1 acton taken shalt be sent by HUD or Its designee to and bona fide fringe benefit$ (❑r cash egUivahenls thereof) the Administrator of ilia Wage and Flour Qivisign, due al time of payment computed at rates riot less than EIriploynlent Standards Administration, U.B. Department of those contained In the wage determination of the Labor. Washington D.0 20210. The Administrator, or an 5ocretary of Labor which Is alt4cticd herelo and blade a authorized represootaiive, will approve, modify, or part hereof regardless or any c❑ntractuel relationship disapprove every addilion�Yl cisssification action wl#iin 30 which YrlBy be alleged to exist 4alween the contractor and days of receipt and so advise HUD or Its designee or Will such laborers and mechanics Conlrihutions made or notify HUD or Its designs+~ within the 30-day period that costs reasonably anticipated for bona ride fringe benefits additional lime Is necessary. (Approved by (he Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under QIVIB control number 1215- laborers or mechanics rare considered wages paid to such 0144.) laborers cr Ittechpnics, subject to the provisions of 20 CFR 5 5(a)[1}{Iv)', rake, FegLllAr contributions made or costs (c) In [he event this contractor, Ilia laborers or mechanics Incurred for more than a weekly period (put not less often to be employed in Ilia classification or their than quarterly) under plans funds, or programs which repraselllatives, and HUD ar its designee do not agree on cover the particular weekly period, are deemed to be the pr❑posed classification and ware role (Including the constructively made or Incurred during such weekly period. arTiotinl designated for fringe benefits where appropriate), HULA or Its designee shall refer the questions, Incllrdlng Such laborers and mechanics shall be paid the appropriate the Views of all Iiterested parties and the recommendation wage rate and fringe benefits on the wage delerminaticn of HUD or its designee. to the Adlnlnistrgtor for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill except as provided In 29 CFR 5.5(a)(4) ropieselllativa,will issues a delerniination within 30 days of Laborers or mechanics parfcrnling worl( In more than one receipt and so advise HUD or Its designee or will notify class1kcalion may be compensated at the rile specified fat HUD or Its designee within the 30-day period 11iat each classification for [lie lime actually worked 111erein- addllional lime Is necessary. (Approved by the office of Provided, That Ole employer's payroll records accurately Management and Budget under QM8 Control Number set forth the tirnL spent In each classification In which 1215 0140.) work Is poilgrined The wage delerminatlon (Including any (d) The wage iAq (Including fringe benefits Where additional classification and wage rates conformed ulider ro raate delermined p 29 CFR 5-5(a)(1)(li) and the Davis-Bacon poster (WH- aPe p ) pursuant al subpara to hs 1321) shall be poslecl at all iilnes by the contractor and Its work is a (r of this paragraph, shall be paid t❑ All subcontrac,lofs W the site of the work in a prominent and workers performing work In the classi ii iion raider this accessible, place Where It can be easily saeri by the contract from the firs) day on which work is laarfarnaed in workers lt,rr elassiflcalir�n III) (a) Any class of laborers or mechanics which Is not (ill) inrhanaver the minimum wage rate prescribed to the listed In the wage determination and which is to be contract for a class of laborers or rnechanlcs Iru.ludes a employed udder the contract shall be classified In fringe benefil which is not expressed as all hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated In the approve an additional classlfigalion and wags rats and wage detHarminalion or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or nn hourly cash equivalent thereof. have been niel (Iv) If the contractor does not make payments to a trustee or outer third person, the contractor may consider as part fonn HUD•4010(0612009) Previous adilionsareobeoleto Page I❑fs ref.Handbook 1344.1 PY20 J(1111112 IPlitm,1f GPE-L'MfI;N'1'—Nii)(illtiol;W(IRKS BolSv PA(;v:34 01-42 Page 434 Item#26. of the wages of any laborer or mechanic the amotilii of any communicated In writing to the laborers or mechanics costs reasonably anticipated In providing bona fide fringe affected, and records which show the costs anlicipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been not. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside In a separate account trainee programs, the registration or the apprentices and assets Ior the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed In the program (Approved by the Office of Management and applicable programs (Approved by the Office of Budget under OMB Control Number 1215-0140-) Management and Budget under OMB Control Numbers 2 Withholding. HUD or Its designee shall upon its own 1215-0140 and 1215-0017,) action or upon written request of an authorized tlli (a) The contractor shall submit weekly for each week In representative of the Department of Labor withhold or which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or Its designee if the agency Is a party to contract or any other Federal contract with the same prime the contract, but If the agency Is not such a party, the contractor, or any other Federally-assisted contract conlraclof will submit the payrolls to the applicant subject to Davis-Eaton prevailing wage requirements sponsor, or owner, as the case may be, far transmission to which Is held by the same prime contractor so much of the HUE) or Its designee The payrolls submitted shalt set out accrued payments or advances as may be considered accurately and completely all of the Information required necessary to pay laborers and mechanics, Including to be maintained under 29 CFR 5.5(a)(3)(1 J except Brat full apprentices, trainees and helpers. employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages Included on weekly transmtttals Instead the payrolls shall required by the contract In the event of failure to pay any only flood to Include an Individually Idenlifying number for laborer dr mechanic. Including any apprentice. trainee or each employee (e.g, the last four digits of the employee's helper, employed or working on the site or the work. aft or social security number). The required weekly payroll part of the wages required by the contract, HUD or its Information may be submitted In any form desired. designee may, after written notice to the contractor, Optional Form WH-347 Is evallable for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Woh site at necessary to cause the suspension of any further OR Itwzuw.dal.cro vie falwMifomrsl U347ins1J'.171177 or Its payment advance, or guarantee of funds until such successor site The prime contractor Is responsible for violations have ceased HUD or its designee rnay, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the fu0 withheld for and mi account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shail make such HUD or its designee If the agency Is a party to the disbursements In the case of direct Davis-Bacon Act contract, but if the agency Is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor . or owner, as the case may be, for transmission to records relating [hereto shall be maintained by the HUD or Its designee, the contractor, or the Wage and Flour contractor during the course of the work preserved for a division of the Department of Labor for purposes of ail period of three years thereafter for all laborers and mechanics Investigalion or audit of compliance with prevailing wage working at the site of the work Such records shall contain requirements.It is not a violation of this subparagraph for a the name. address, and social security number of each prime contractor to require a subcontractor to provide such worker, his or her correct classification, hourly addresses and social security numbers to the prime rates of wages paid (including rates of contributions or contractor for Its own records, wilhout weekly submission to costs anticipated for bona fide fringe benefits or cash HUD or Its designee. (Approved by the Office of Management squivalQnls thereof of the types described in Section and Budget under OMB Control Number i(b)(2)(8) of [lie Davm-bacon Act), daily and weekly 1215-0149.) number of hours worked deductions made and actual (b) Each payroll submitted shall be accompanied by a wages paid, Whenever the Secretary of Labor has found "Statement of Compliance." signed by the contractor or under 29 CFR 5.5 (a)(1)(iv) that the wages or any laborer subcontractor or his or her agent who pays or supervises or mechanic Include ilia amount of any costs reasonably the payment of the parsons employed under the contract anticipated In providing benefits under a plan or program and shall certify the following. described in Section I(b}(2)(B) of the Davis-Bacon Act, (1) That the payroll for the payroll period contains the the contractor shall maintain records which show that the Information required to by provided under 29 CFR 5 5 commitment to provide such benefits Is enfarcaabla, that the (a)(3)(11), the appropriate Inforn,alion Is being maintained plan or program is financially responsible, and that the under 29 CFR 5 5(aJ(3}(i), and that sw'h infornlaiion is plan or program has been correct and complete. Previous editions are o so e e or)i Paga2 o1`5 re Handbook 1344 1 PY20�tJHRI;C'lf°II.N'I,A(il l-F..MENT—NEiiGklB()}tWC ims BOltiti Pw� 35 Or 42 Page 435 Item#26. (2) That each laborer ❑r mechanic (including each helper, Is net registered or otherwise employed as staled above, apprerbce, and tralilee) employed on the corlVgrl during shall be paid not less than llle applicable wage rate on the the payroll period Ines been paid the full weekly wages wage determinatlon for the classifcatioo of work actually earned. without rebate, either directly or indirectly, and performed In addill any apprenlice performing work on il'Ut no deductions have been made either directly or the job site In excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth In 29 CFR fart 3, applicable wage rate on the wage detghmination for the 41) That each laborer or mechanic has been paid not I$gs work actually performed. Where a contraclor is performing than the applicable wage rates and fringe benefits of cash conslrucborn on a project In a locality Other than that In equivalents for the classification of work performed, as which Its program Is registered, [lie ratios and wage rates specified jn the appWable wage determination (expressed In percentages of the Journeyman's hourly Incorporated Into the contract. rate) specified In the contractor's or subcontractor's registered program shall be observed Every apprentice ce The Weekly str�ilhe cell ❑T a properly executed must be paid al not less than Ilia role specified In the VVH-3 7 sh earl forth ❑e the reverse side of Optional r the registered progran, for the appronlice's level of progress. "StWM loo shall sAllsfy the raglrirernank for submission an of mile expressed as a percentage of the journeymen hourly rate 3(11mleM ❑f ConlplisnCe" rgyuired by subparagraph specified In the applicable wage determination A 3(11)(b). Apprentices shall be paid fringe benefits In accordance (d) The falsification of any or the above certifications may with the provisions of the apprenticeship program IF file subject the contractor or subcontractor to civil or criminal appranticashtp program does not specify fringe benefits, prosecution under Section 1001 of Tllle 16 and Section apprenlrc9s must be paid the full amount or fringe bernefils 231 of Title 31 of the United slates Gode listed on the wags delerminotion for the applicable (Ills Tine contr9cl❑i or stibcoril for shall make the classification. If the Admtntstrat❑r determines that a records required under subparagraph A 3,(i) avaiiabla for different practice prevails for the appltcabfa apprenlice Inspection, copying, or transcription by authorized classification, fringes small be paid In accordance with that repr"enlatives of HUD or its designee or the Department determination, in the event the Office of Apprenticeship of Labor, and shall Pill mit such representatives to Training. Employer and Labor Services or a stale Interview employees during working hours on the job if Apprenticeship Agency recognized by the office, the contraalor a subcontractor falls to submit the required withdraws approval of on apprenticeship program, the records or to make them avaliabie, HUD or its designee conliact❑r will no longer be permitted to tdltlze may, after written notice to the contracior, sponsor, apprentices al less than the applicable predetermhned rate applicant or owner, (aka such action as mey be necessary for the work perforated until an acceptable program Is to cause the susponslon of any further paylnenl, advance, approved or guarantee of funds Furlheriore, failure to submit the (it) Trainees. Except as provided In 29 CFR 516, required records upon request or to matte such records trainees will not be pefmilted to wQ,k at lass than the availible may be grounds for debar11Qn1 aotlon pUMI-3ill to predetermined rate far the work performed unless they are 29 CFR 5 12 employed pursuant ',to and Individually registered In a d Apprentices and Tralnees. program which has received prior approval, evidenced by (1) Apprentices Apprentices Will be permitled to work at formal certification by the U.8 Deparimeflt of Lobor, less than the predetermined rate f❑l the work they Emptaymenl and Training AdriMlIsli•ation The ratio of performed when they are employed pursuant to and lralnaes to iourneymen on the jnb site shall not be greater Individually rogistered In a bona fide apprenticeship than permillad under the plan approved by the Program rogistafed with the U.S Department of Labor, Employment and Training Administration Every iralnee Employmenl and Training Adnflnlstralian, Office of must be paid at nol less than the rate specified In the Apprenticeship Training, Employer and Labor Services, or approved prerjram for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed es a percerrlage of 01e j❑urneyrrlan hourly rate Office. or If a person is employed In his or her first 00 specified In the applicable wage determination. Trainees days of probatiahary employment. as an apprentice in such shall be paid Cringe benafilg h1 accordance Willi file an apprenticeship program. who Is not Individually provisions of the trainee program. It the Iratnee program registered I7 the progran,, but who has been certified by does not mention fr}nge benefits, trainees shall be paid the Office of Apprenticeship Training, Emptgy❑l-apd Labor the full amount of fringe benerts listed on the wage Services or a Slate Approil loeship Agency (whore deterninall❑n unless the Administrator of the Wage end appropriate) to be eligible for probationary employrnenl as Hour Division determines that there Is an apprenticeship an apprenlice The allowable ratio of apprentices to Program assodlared with the corresponding journeyman journeymen an Ilia job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permilted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under (he registered prograln Any employee listed on the payroll at a trainee rate who Is not worker Ilsled On a payroll at an apprentice wage rate, who registered and participating In a training plan approved by reVu]LIS editions are obsolete form IAUD-4o t o(0612009) Pala of5 ref hlandb❑ok 1344 1 Page 436 PY20 Stllllt i''•CIPIINT AGRui:;rl -Ni-It.ii Iii(wWotws Bolin' PACif.36 0P 42 PY20 Ac Rri:nu.N r—Noc',l moia Wc)xms k3ciEsl: FA(.'+I-'37 01.42 Item#26. Page 437 Item#26. the Employment and Training Adlnlrlslraliolw shall be paid awarded HUD conl,Facls or participate in HUD pfograrns nal lass Than the applicable wage rate on the wage PLrr5(ranl to 24 CFR Pair 24. determination for the Work actually performed. In addition. (11) No part of this corllracl shall be subcontracted iO any any trainee poilorrneng work on the job sire in excess of parsan or firm Ineligible for award of a Government the ratio permitted under the registered proprsm sh811 be contract by virtue of Section 3(8) of the Davls•Nacon Act paid not less Ihan the applicable wage rate on the wage of 29 CFR 5,12(a)f1) ❑r [a be awarded HUD conlracts or determination for the work actually performed In the participate In l-IUD programs pursuant to 24 CFR Pail 24. evern the Employment and framing ALII10 ITS iralrarl (III) The penally lar making false stsiaurenls Is prescribed withdraws approrlal of a Iraming program, the contract❑r In the U S. Criminot Cado 18 U S C. $001. Additionally- will no longer be poitnitl4d to utilize trainees at less than U-S. Grtmina) Cade, Section 1 a1 0, like 16, U.S.C., the applicable predetermined rate for the work performed "Federal I•Iausing Administration [rar1sacli❑ns , provides In until an aCCgpt,able program is apprgvevd. parr: "VVh❑ever, for 1hr3 purpose of - - , influencing In any (III) Equal elTtployment Opportunity. The utilization of WAY the hc.lion Of such Administration... . tnalies, utters 6r vipprentices,trainees and Journeymen under 29 CI`h Petri 5 publishes Any statement knoyO ng the same to be raise.. , shall be In cohforinity With the equal empicymenl shall be fined not more [lion 55,000 or Imprisoned no[ opportunity requirenlenls OI Executive Order 11246, as mote than two yot3rs,❑r both." alnehded, and 29 GFR Pan 30. 11. COmplslnts, Proceedings, or testimony by 5 Corilpliai)ee with Copeland Act requirements. The Employees, No laborer or mechanic to whom the wage, contractor shall cOITtply with the requiremeer)ls of 29 CFR salary , or other Iabo: standards provisions Or this Contract Part 3 which are Incorpornted by reference Irr Ihis conleacl are applicable shalt be discharged or In any other manner 6 Subcontracts. The contractor or subconlractorwill discriminated against by the Contraclor or any insert In any subaonimcts the clauses contained In subcontractor because such employee has filed arty subparagraphs 1 through 11 in This paragraph A and such complaint or instituted at caused to be Instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testified or Is about to lestify i1 any InsbuctiOns recluire, aeld a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the appbcoble urtder this Contl'ae.l to his employer. subconlraclors 10 InclLlde these clauses in dry lower tier B. Contract Work Hours and Safety Standards Act. The sub0Onlrects. The puma contractor shall be responsible prodislons of Ihls paragraph Beare ipplec9ble where lire amount of the to, the complranae by any suboonlracl❑r or Igwvr tier prime conliacl exceeds$100,000. As used In this paragraph, the suhcanlraclor Mill all the contract clauses In this terms"Iaborarsand mechanics"Jrncludt#watchman and guards paragraph (1) Ovartlene requirenlerlts. Nocontracl❑r or strbconlractor 7. Contract termination, debarrnenl. A breach of the contracting for any part of the ountiaetwork which may requie or contract clauses In 29 CFR 5,5 May lac grounds for involve the arrlpl❑yrnaht of laborers of mechanics shall require of farminalion of the contract and for debarment as a permit any suaYl laborer or mechanic In any warkwaak In which the contractor and a subc4ntrelclar as provided in 29 CFR Individual Is employed on such work to work In excess of 40 hours In 5 12 such workweek unless such IAbaier or mechanic receives 8 Compliance with Davis-Bacon and Related Act k equlrenlehts. wfnpensatian al a role not lass Ihan one and one-half limes the basic All rulings and lnleipretallons of the Davis-Bacon and rate of pay for all herb's worked in excass Of 40 flours in such Related Acls conlL,ined Ire 29 CFrt Parts 1, 3, and 5 are workweek herein Incorporated by reference in this contract (2) Vlo(@Uan: liability for unpaid wages-, liquidated 9, Disputes concerning labor standards Disputes damages. In the event of any violation of the clause set arlslrig out of the tenor standards provisions of this forth in subparagraph (I) of [his paragraph, the contractor contract shall not be subject to the general d(spuies and any suba4n1raclor responsible therefor shall be Liable clause of this contract Such disputes shall be resolved In for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontraclor shall ba liable to that United 5lales (In the Labor sw forth in 29 GFR Paris 5, fin and 7 Disputes case of work done under contract lot the Distncl Of within the meaning of this clause include disputes between COIUirnbia or a lr#rritory- to such C)lslrrCl or to such the contractor (or tiny of Its subcontractors) and HUD or territory) for liquidated damages Saclt liquidated Its designee, the U $ Department of Labor, w the damages shall be completed Willi respect to each Individual employees or their reapresenla0ves. laborer or mechanic, InciLldrng watchrtlen and gLlards. 10 (1) Cortlficatidn Of Eligibility. 6y eentarlrg Into thla employed In violation of the clause set rorth In contsubparagraph (1) Of this paragraph in the fium ofS10 for each slial nor the cperson r certifies flyer neither II (oar he or calendar day On Which such Indio}dual was squired or perrnilted to CGnshe) nor any person or person Wf10 has all ineliInteigible In ilia work in excess of[he standard workweek of d0lwurswillia4lt payment awai actor's firm is a person ear Firm in eCiblra to be ortheaveileme wacdesrequersd by the clause set forth in sub awarded Government Contracts by virtue of 5acli❑n 3(a) of paragraph(I) of this paragraph the Davis-Bacon Act or 29 CFR , 12(a)(1) or la be Previous e I Ions are nbsolele form HUD•4010(0612009) Page4of5 fef.Handbook 1344 1 PY20 SLIf31tr_0pq—,N1-0111-4,.MENT—NPICH1BOKWORKs B1714I. PACt1,38 Of.,42 Page 438 Item#26. (3) UUithholding for Lmpaid wages and Ilquidaled daniagos. HUD at its designee shall upon Its own faclion ar upon written request of an 9010rl7ed representative of the Department of Labor withhold or dausa to be withheld, from any nioneys payabta on account of work psrlormed t>y the contractor or subcontractor under any 6u4h contract or any other Federal contract with the same prime contract, or any other Federally-asslsted contract subf ect to the Contract Work Flours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor fcr unpaid wages and liquidated damages as provided In the clause set forth In subparagraph(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall Inserl In any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requirinp the subconlroctors l0 Include these ulause5 In any lower tier 3ubconkract8, The prime contractor shalt be responsioIe for compliance by any "bc0ntracl0r or lower tier Suixonlradtor with the causes set forth In subparagraphs (1) through (4) of this paragraph. C, Health and Safety. The provisions of this paragraph C are applicable where Me amount of the prime contract exceeds$10o,000 (1) No laborer or machanic shall bo required to work In surroundings or under working conditions Whlch are unsanitary, hazardous, or dangerous to his Health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Iu-sued by the Secretary of Labor pursuant to Title 29 Part 1925 and railure to comply may result in Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act. (PuMc Law 91.64, 83 Stat 96). 3701 et sea. (3) The contractor shall Include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development at, the Secretary of Labor shall direct as a means of enforcing suoll provleions. Previous edlUonsare❑bseielr form HLJD-1010(013,12009) Pa-,leSof5 ref.Handbook 1344,1 Page 439 PY20 SUUBRECIPIEN'r AGREEMENT—Niaiill3t]RWmKS 130ISI: PA(4;39 01.,42 Item#26. �!�/7U 51i13R1('II'llyN f ACRf I MiI.NI—NII(illl ORWORO Bc)ISI- PAOt,i4 O( ,42 Page 440 Prime Contractor' s Certification Concerning Federal Labor Standards (Davis Bacon) Local Government Name: CDBG Number and Project Name : The undersigned prime contractor, having executed a contract with the City of Meridian in the amount $ for the construction of the above4dentified project, certifies that: 1 . The Federal Labor Standards Provisions (e. g. Davis- Bacon Act, Copeland Act, Contract Work Hours and Safety Standards Act) and Prevailing Wage Decision (s) are included in the project ' s contract documents. 2 . All laborers and mechanics employed on the project will be paid according to the appropriate Prevailing Wage Decision # , MOD# 3 . Corrections of any infractions of the Federal Labor Standards Provisions, including infioactions by any subcontractors and any lower tier subcontractors, is this contractor' s responsibility. 4. Neither this contractor, any subcontractor, nor any affiliates, have been declared ineligible to participate in federally fiuided construction projects . 5 . Contractor agrees to obtain and forward all Subcontractors ' Certification concerning Federal Labor Standards Provisions and Prevailing Wage requirements to the Local Government or Local Government ' s representative within ten ( 10) days after execution of any subcontract. Prime Contractor Tax ID Number Address City, State Zip DUNS Number Prime Contractor Signature Date i I , I t � C� a C � CW) Vim. PY20 SUBRECIPIENT AGREEMENT - NEIGHBORWORKS BOISE Item#26. Subcontractor's Certification Concerning Federal Labor Standards (Davis Bacon) Local Government Name: City of Meridian: CDBG Number and Project Name: The undersigned subcontractor,having executed a contract with for (Prime Contractor) (Nature of Work) in the amount of $ for the above-identified project,certifies that: 1. He/she will comply with the Federal Labor Standards provisions(e.g. Davis-Bacon Act,Copeland Act,Contract Work Hours and Safety Standards Act)and Prevailing Wage Decision(s)as per the project's contract documents. 2. All laborers and mechanics employed on the project will be paid according to the appropriate Prevailing Wage Decision# ,MOD# 3. Corrections of any infractions of the Federal Labor Standards Provisions,including infractions by any lower tier subcontractors,is this subcontractor's responsibility. 4. Neither this subcontractor,nor any affiliates,have been declared ineligible to participate in federally funded construction projects. 5. This subcontractor agrees to forward a Subcontractor's Certification concerning Federal Labor Standards provisions and Prevailing Wage requirements to the Prime Contractor within ten(10)days after execution of any subcontract. Subcontractor Tax ID Number Address City, State Zip DUNS Number Subcontractor Signature Date PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 42 OF 42 page 442