Subrecipient Agreement; Boulder/Broomfield HOME Consortium, City and County of Broomfield; distribution of HOME funds; no end date (3) SUBRECIPIENT AGREEMENT BETWEEN THE BOULDERIBROOMFIELD COUNTY HOME
CONSORTIUM AND CITY AND COUNTY OF BROOMFIELD
This Subrecipient Agreement is made this Lay of February, 2008 by and between the city of Boulder,
as the Lead Agency for the Boulder/Broomfield HOME Consortium (hereinafter the "Consortium"), and the
City and County of Broomfield (hereinafter the "Subrecipient").
RECITALS:
WHEREAS, Section 216 (2) of the Act, 42 U.S.C. 12746, provides that a consortium of
geographically contiguous or overlapping geographical areas within which separate legal governmental
subdivisions operate can be considered to be a single unit of general local government for the purposes
of receiving an allocation and participating in the HOME Program; and
WHEREAS, in June 2006 the Consortium submitted its Intergovernmental Agreement to the U.S.
Department of Housing and Urban Development (hereinafter "HUD") for this purposes; and
WHEREAS, in its application for HOME funds the Consortium declared its intent to provide
HOME funds to the Subrecipient for its use in continuing its affordable housing program; and
WHEREAS, the Subrecipient has heretofore expressed its intent to assume responsibility from
the Consortium for its affordable housing program with HOME funds and in accordance with HOME
regulations; and
WHEREAS, on March 30, 2007, HUD notified the Consortium that HUD had approved the
Consortium's application for HOME funds; and
WHEREAS, on May 23, 2007, the Consortium executed a HOME Grant Agreement with HUD to
govern expenditure of HOME funds by the Consortium.
NOW, THEREFORE, in consideration of the matters set forth above and below, the parties agree
as follows.
Section 1. Definitions. Whenever used in this Subrecipient Agreement:
A. The term "Grant Agreement" means the agreement between the Consortium and HUD executed by the
Consortium on May 23, 2007, in connection with the HOME Program (the "Program).
B. The terms "grant" and "grant funds" mean the assistance provided under this Subrecipient Agreement.
C. The term "matching funds' means the permanent contribution to housing assisted in the HOME
program.
Section 2. Pumose of Subrecloient Agreement.
The purpose of this Subrecipient Agreement is to set forth the terms and conditions under which the
Consortium shall grant HOME funds to the Subrecipient for its affordable housing projects. This
Subrecipient Agreement sets forth rights and responsibilities of both parties in connection with the
Subrecipient's program. In this Subrecipient Agreement, the Subrecipient assumes full responsibility for
adherence to all applicable laws, assurances, regulations, and guidelines associated with the Program.
Section 3. Applicable Laws, Assurances. Regulations. Guidelines.
The financial assistance which is the subject of this Subrecipient Agreement is authorized by Title II of
the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq.
OFFICIAL CENTRAL RECORDS COPY
20080222-3728
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Section 4. Compliance with Federal. State and Local Laws
The Subrecipient shall comply with all applicable federal, state and municipal laws, rules, statutes, charter
provisions, ordinances, and regulations, including those in Exhibit 1.
Section 5. Grant Award.
Subject to the terms of the Grant Agreement and this Subrecipient Agreement, the Consortium agrees to
provide up to $71,592 in HOME funds to the Subrecipient for activities identified as the responsibility of
the Subrecipient. The Subrecipient agrees that funds awarded it pursuant to this Subrecipient Agreement
shall be used for the following purposes:
Acquisition of Real Property $38,592
Tenant Based Rental Assistance $33,360
$71,592
S@CtiOrt 6. MetChirla FUndS. The Subrecipient agrees to provide matching funds in an amount
equal to no less than 25 percent of the total HOME funds drawn down for acquisition and down payment
assistance project costs.
The match obligation may be met with any of the following specific sources. Each is described in detail on
the following pages.
Cash or cash equivalents from anon-federal source;
Value of waived taxes, fees or charges associated with HOME projects;
Value of donated land or real property;
Cost of infrastructure improvements associated with HOME projects;
a percentage of the proceeds of single- or multi-family housing bonds issued by state, state
instrumentality or local govemmenF
Value of donated materials, equipment, labor and professional services;
Sweat equity.
The Subrecipient acknowledges and agrees that the Consortium shall not be responsible for providing the
Subrecipient with any funds to meet the Subrecipient's matching requirements.
Section 7. Eligible Costs
The following costs are allowable, are eligible under HOME Program regulations at 24 CFR 92 and will be
funded with 2007 HOME funds under this Agreement:
Acquisition: Funds can be used to pay for the actual costs of real property acquisition. In addition, the
following are examples of eligible soft costs related to acquisition of real property which may be paid for
HOME funds; financing fees and other finance related costs, title binders and insurance, recordation fees
and transaction taxes, legal and accounting fees, environmental reviews, and appraisals.
Tenant Based Rental Assistance: Funds may be used to provide assistance to individual households to
enable them to rent market rate units. The 2007 allocation may be used to provide payments to make up
the difference between the amount a household can afford to pay for housing and local rent standards or
for costs associated with their housing, such as security and utility costs.
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Section 8. Disbursements. The Subrecipient understands and agrees that a request for disbursement of
HOME funds pursuant to this Subrecipient Agreement shall not be made until such funds are needed to
pay eligible costs related to the Project. Subrecipient understands and agrees that funding in the full
amount of this Subrecipient Agreement is contingent upon the Consortium receiving said HOME funds,
and should the entitlement funds be discontinued or reduced for any reason, Subrecipient understands
and agrees that funding under this Subrecipient Agreement could cease or be reduced without advance
notice.
The Subrecipient shall:
A. Maintain adequate documentation to demonstrate the eligibility of persons benefiting from
HOME funds;
B. Maintain records that show the eligible costs and operating costs of the program;
C. Use required forms to show participant eligibility, which must be maintained in Subrecipient
file.
D. Submit proper documentation of eligible expenses for match to the Consortium on an annual
basis.
E. Submit quarterly reports to the Consortium
F. Maintain files and records as required which relate to the overall administration of the Program;
and
G. Provide information for the Consolidated Annual Pertormance and Evaluation Report (CAPER)
within required timeframes.
Section 9. Notices.
Any notice, demand, request, or other communication that either party may desire or may be required to
give to the other party hereunder shall be given in writing at the addresses set forth below by any of the
following means: (a) personal service; (b) electronic communication whether by telegram, telecopier, or
email, together with confirmation of transmission; or (c) first-class United States mail, postage prepaid.
TO THE CONSORTIUM:
Jann Oldham, Manager
Dept. of Housing and Human Services
City of Boulder
1101 Arapahoe Second Floor
Boulder, Colorado 80302
TO THE SUBRECIPIENT:
Leslie Gibson
Housing Program Manager
Broomfield Housing Authority
One DesCombes Dr
Broomfield, CO 80020
Section 10. Default.
A default shall consist of any use of grant funds for a purpose other than as authorized herein, failure of
the Subrecipient to provide the projects in the minimum amounts and for the minimum time period in
accordance with the requirements of Attachment A provisions, noncompliance with the Act or Attachment
A provisions, or any other material breach of the Subrecipient Agreement.
Upon due notice to the Subrecipient of the occurrence of any such default and the provision by the
Consortium of a reasonable opportunity to respond, the Consortium may take one or more of the
following actions. If it is the decision of the Consortium to require the repayment to the Consortium of any
grant funds provided to the Subrecipient, the Subrecipient agrees to promptly pay back to the Consortium
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all such funds up to the amount of grant funds provided to them by the Consortium (hereafter called
"Recapture"):
A. Direct the Subrecipient to submit progress schedules for completing approved activities;
B. Issue a letter of warning advising the Subrecipient of the default, establishing a date by which
corrective actions must be completed and putting the Subrecipient on notice that more serious
actions will be taken if the default is not corrected or is repeated;
C. Direct the Subrecipient to establish and maintain a management plan that assigns responsibilities for
carrying out remedial actions;
D. Direct the Subrecipient to suspend, discontinue, or not incur costs for the affected activity;
E. Reduce or recapture the grant authorized herein;
F. Direct the Subrecipient to reimburse the Consortium for costs inappropriately charged to the
Consortium;
G. Other appropriate action including, but not limited to, any remedial action legally available. No delay
or omission by the Consortium in exercising any right or remedy available to it under this Subrecipient
Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any
Subrecipient default.
Section 11. Reversion of Assets.
Upon expiration or termination of this Agreement the Subrecipient shall transfer on behalf of the
Consortium any HOME funds on hand at that time and any accounts receivable attributable to the use of
HOME funds.
Any real property acquired or improved in whole or in part with HOME funds must continue to be used for
the purpose for which it was acquired or improved. Any changes in its use must be approved by the
Consortium in writing.
Section 12. Procurement
All procurement transactions for supplies, equipment and services will be conducted in a manner to
provide, to the maximum extent practicable, open and free competition. Subrecipient will comply with all
bidding and purchasing regulations of all applicable local and federal laws and requirements.
Section 12. Monitoring
The Consortium will monitor and evaluate this Agreement with the Subrecipient. The Agreement will be
monitored for compliance with the rules, regulations, requirements and guidelines which the Consortium
has promulgated or may promulgate and will be monitored. The terms of this Agreement will also be
subject to monitoring and evaluation by HUD.
Section 13. Other Applicable Laws.
All projects undertaken pursuant to this Agreement shall be subject to any relevant State statutes, home
rule charter provisions, assessment, planning, zoning, sanitary and building laws, ordinances and
regulations applicable to each Participating Government or smaller municipality in which a project
receiving HOME funds is situated.
Section 14. Nondiscrimination
Subrecipient will comply with all applicable State and Federal laws rules, and regulations involving non
discrimination n the basis of race, color, religion, national origin, age, handicap or sex.
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Section 15. Severabilitv
Invalidation of any one or more of the provisions of this Agreement shall in no way affect any of the other
provisions thereof, which shall remain in full force and effect.
Section 16. Indemnification
The Consortium and Subrecipient assumes responsibility for the actions and omissions of its agents and
its employees in the performance or failure to pertorm work under this Agreement. It is agreed that such
liability for actions or omissions of its own agents and employees is not intended to increase the amounts
set forth in the Colorado Govemmental Immunity Act, now existing, or as may be amended. By agreeing
to this provision, the parties do not waive nor intend to waive the limitations on liability which are provided
to the parties under the Colorado Governmental Immunity Act § 24-10-101 et seq., C.R.S., as amended.
Section 17. Miscellaneous Provisions
A. Assignment. The Subrecipient shall not assign this Agreement without the
written consent of the Consortium, which it may withhold at its sole discretion.
B. Termination. This Agreement may be terminated by either party if it has been
materially breached by the other party and proper notification is tendered. Consortium may, at any time,
terminate this Agreement, in whole or in part, for its own convenience. Consortium shall pay Subrecipient
for work satisfactorily completed, to the date of termination; The Consortium shall determine the portion of
work completed. Notification of intent to terminate this Agreement shall be given in writing thirty (30) days
prior to the date of termination.
C No Third Party Beneficiaries. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement and all rights of action relating to such
enforcement, shall be strictly reserved to the Consortium and the Subrecipient. Nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the
express intention of the Consortium and the Subrecipient that any such party or entity, other than the
Consortium or the Subrecipient, receiving services or benefits under this Agreement shall be deemed an
incidental beneficiary only.
D. Waiver. The waiver of any breach of a term, provision, or requirement of this
Agreement shall not be construed or deemed as waiver of any subsequent breach of such term,
provision, or requirement, or of any other term, provision, or requirement.
E. Amendments. This Agreement is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No
subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or
effect unless embodied in a writing executed and approved by the Consortium pursuant to Consortium
rules.
F. Authority to Sign. Subrecipient warrants that the individual executing this Agreement
is properly authorized to bind the Subrecipient to this Agreement.
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In witness whereof, the parties hereto have hereunto set their hands and seals on the day and year first
above written.
BoulderlBroomfield HOME Consortium
Frank W. Bruno
City Manager
T:
City of Boulder Clerk
Ap ed as to for and lec~ '
B I ity Atto ey
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CITY AND COUNTY OF BROOMFIELD, COLORADO
~4
t Mayor ~.p,`7-~rN
~y 'r
J 7' rn
J Attest: c
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By
Ci lerk~
APPROV AS TO FORM:
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City & County Attorney
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Attachment A
The Subrecipient hereby assures and certifies that it will comply with the regulations, policies, guidelines
and requirements with respect to the acceptance and use of Federal funds for this federally assisted
program. Also, the Subrecipient gives assurances and certifies with respect to the grant that:
A. It possesses legal authority to make a grant submission and to execute a housing
program;
B. Its governing body has duly adopted or passed as an official act a resolution, motion or
similar action authorizing the person identified as the official representative of the grantee
to enter into subsequent contracts, all understandings and assurances contained therein,
and directing and authorizing the person identified as the official representative of the
Subrecipient to act in connection with the contract and to provide such additional
information as may be required;
C. It has developed its request for funds and funded project so as to give maximum feasible
priority to activities which benefit low and moderate income families, or aid in the
prevention or elimination of slums or blight;
D. It will affirmatively further fair housing;
E. It will minimize the displacement of persons as a result of activities assisted with CDBG
or HOME funds and will assist persons actually displaced as a result of such activities;
F. The contract will be conducted and administered in compliance with:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and implementing
regulations issued at 24 CFR 570 Part 1;
2. The Fair Housing Act (42 U.S.C. 3601-3619) and the Subrecipient will administer
all programs and activities related to housing and community development in a
manner to affirmatively further fair housing;
3. Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
4. Section 3 of the Housing and Urban Development Act of 1968, as amended; and
implementing regulations issued at 24 CFR Part 135;
5. Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086
and 12107, and implementing regulations issued at 41 CFR Chapter 60;
6. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations issued at 24 CFR Part 107;
7. Section 504 of the Rehabilitation Act of 1973 (Public Law 92-112), as amended,
and implementing regulations issued at 24 CFR Part 8;
8. The Age Discrimination Act of 1975 (Public Law 94-135), as amended, and
implementing regulations issued at 24 CFR Part 146;
9. The acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, and
the implementing regulations at 49 CFR Part 24;
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10. The labor standards requirements as set forth in 24 CFR Part 570, Subpart K
and HUD regulations issued to implement such requirements;
11. Executive Order 11988 relating to the evaluation of flood hazards and Executive
Order 11288 relating to the prevention, control, and abatement of water pollution;
12. The flood insurance purchase requirements of Section 202(a) of the Flood
Disaster Protection Act of 1973 (Public Law 93-234);
13. The regulations, policies, guidelines, and requirements of 24 CFR Part 85 -
Administrative Requirements and OMB Circular Nos. A-87 (Governments only),
A-110 (Attachments A, B, C, F, H, N & O) for non-profits, and A-122 for non-
profits as they relate to the acceptance and use of Federal funds under this
federally-assisted program;
14. Section 402 of the Vietnam Veterans Adjustment Assistance Act of 1974 (Public
Law 93-508), as amended and implementing regulations when published for
effect;
15. The Americans with Disabilities Act of 1990;
16. The regulations, policies, guidelines and requirements of OMB Circular No. A-
128 (governments only) or A-133 (non-profits only). The grant activity will be part
of the Subrecipient's annual audit and that audit will be submitted to the City for
review;
17. The provisions of the National Environmental Policy Act of 1969; and the
regulations issued pursuant thereto;
18. The Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and the regulations of
the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as
amended;
19. The Archeological and Historic Preservation Act of 1974 (Public Law 93-291),
Public Law 89-665, Executive Order 11593, and the procedures described by the
Advisory Council on Historical Preservation in 36 CFR Part 800.
G. No member of or delegate to the congress of the United States shall be admitted to any
share or part of this Agreement or to any benefit to arise from same;
H. No member, officer or employee of the Subrecipient, or its designees or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his/her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
process thereof, for work to be performed in connection with the program assisted under
the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts
or subcontracts a provision prohibiting such interest pursuant to the purposes of this
certification;
I. It will comply with the provisions of the Hatch Act, which limits the political activity of
employees;
J. It will give HUD and the Controller General or any authorized representatives access to
and the right to examine all records, books, papers, or documents related to the grant,
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.
and that it will maintain such records, books, papers or documents for three (3) years
after the close of the project;
K. It will comply with the lead-based paint requirements of 24 CFR 570.608 issued pursuant
to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.);
L. It will not use CDBG or HOME funds for publicity or propaganda purposes designed to
support or defeat legislation pending with federal, state or local governments;
M. Real or personal property purchased in whole, or in part with HOME funds, shall not be
disposed of through sale, use or location without the written permission of the Consortium
and HUD. The proceeds from the disposition of real property shall be considered
program income and subject to 24 CFR 570.504;
N. It will not attempt to recover any capital costs of public improvements assisted in whole or
in part with funds provided under Section 106 of the Housing and Community
Development Act by assessing any amount against properties owned and occupied by
persons of low and moderate income, including any fee charged or assessment made as
a condition of obtaining access to such public improvements, unless:
1. Funds received under Section 106 of the Act are used to pay the proportion of
such fee or assessment that relates to the capital costs of such public
improvements that are financed from revenue sources other than Title I of the
Act; or
2. For purposes of assessing any amount against properties owned and occupied
by persons of low and moderate income, the Subrecipient certifies to the City that
it lacks sufficient funds received under Section 106 of the Act to comply with the
requirements of Subparagraph 1. above.
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