Subrecipient Agreement; Boulder/Broomfield HOME Consortium, Boulder County; distribution of HOME funds; no end date SUBRECIPIENT AGREEMENT BETWEEN THE BOULDER/BROOMFIELD COUNTY HOME
CONSORTIUM AND BOULDER COUNTY, COLORADO
This Subrecipient Agreement is made this /Sday of ]Jec.. , 2008 by and between the City of
Boulder, as the Lead Agency for the Boulder/Broomfield HOME Consortium (hereinafter the
"Consortium"), and Boulder County, Colorado (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 7. 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. Purpose of Subrecipient As~reement.
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.
OFFICIAL CENTRAL RECORDS COPY
20081216-4436
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Section 3. Aoolicable 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.
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 $220,065 in 2008 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:
Predevelopment of soft costs for development of 12-acre affordable housing site in Lafayette,
Colorado.
Section 6. Matching 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.
G C 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;
C ~ a percentage of the proceeds of single- or multi-family housing bonds issued by state,
state instrumentality or local government;
? ? Value of donated materials, equipment, labor and professional services;
cc 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:
Predevelopment costs for development of 12-acre affordable housing site in Lafayette, Colorado.
Predevelopment expenses include staff costs, option to purchase land or a building, legal fees,
architectural and engineering fees, appraisals and loan application fees.
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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;
G. 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 Performance 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 Community Development
Consortium of Boulder '
1101 Arapahoe Second Floor
Boulder, Colorado 80302
TO THE SUBRECIPIENT:
Frank Alexander, Executive Director
Boulder County Housing Authority
P.O. Box 471
Boulder, CO 80306
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 Actor 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
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pay back to the Consortium 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 Sup recipient 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. 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. Severability.
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 perform 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 Governmental 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. Renewals. The Consortium reserves the right to extend the Agreement for an
additional one year terms if mutually agreeable by both parties and conditions remain constant.
Agreement renewals shall be in writing and signed by both parties.
D. 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.
E. 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 tens,
provision, or requirement, or of any other term, provision, or requirement.
F. 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.
G. Prohibitions on Agreements for Public Services. The Subrecipient certifies that the
Subrecipient shall comply with the provisions of section 8-17.5-101 et seq., C.R.S. The
Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement or enter into a contract with a contractor that fails to certify to the Subrecipient
that the contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement. The Subrecipient represents, warrants, and agrees that it (i) has verified
that it does not employ any illegaF aliens, through participation in the Basic Pilot Employment
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Verification Program administered by the Social Security Administration and Department of
Homeland Security, and (ii) othervvise will comply with the requirements of section 8-17.5-
102(2)(b), C.R.S. The Subrecipient shall comply with all reasonable requests made in the course
of an investigation under section 8-17.5-102, C.R.S. by the Colorado Department of Labor and
Employment. If the Subrecipient fails to comply with any requirement of this provision or section
8-17.5-101 et seq., C.R.S. the Consortium may terminate this Agreement for breach and the
Subrecipient shall be liable for actual and consequential damages to the Consortium.
H. Authority to Sign. Subrecipient warrants that the individual executing this Agreement
is properly authorized to bind the Subrecipient to this Agreement.
In witness whereof, the parties hereto have hereunto set their hands and seals on the day and
year first above written.
Boulder/ •oomfield HOME Consortium
Y~
Jane S. Brautigazn
City Manager
ATTEST•
- _
_ _
City of Boulder Clerk
Approved s to fo leg ity:
Bou der City Attorney
Subrecipient:
Attest:
l ,z.Q,~,n~._ /
Ben Peazlmazy Chair Frank L. Alexander Direc r
Boulder County Housing Authority Boulder County Housing Authority
Ap oved too d legality:
Deputy Boulde C ty Attorney
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Exhibit 1
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;
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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;
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 8 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 8965, 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;
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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, 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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