Subrecipient Agreement; Boulder Broomfield HOME Consortium, Broomfield City/County; distribution of HOME funds (7)SUBRECIPIENT AGREEMENT BETWEEN THE BOULDER COUNTY /BROOM FIELD COUNTY HOME
CONSORTIUM AND THE CITY AND COUNTY OF BROOMFIELD
This Subrecipient Agreement ( "Agreement ") is made thiszday of 2013 by and between
the City of Boulder, as the Lead Agency for the Boulder County /Broomfield County HOME Consortium
(hereinafter the "Consortium "), and the City and County of Broomfield, Colorado (hereinafter the
"Subrecipient ").
RECITALS:
WHEREAS, the United States Government, through the National Affordable Housing Act of 1930,
has established the HOME Investment Partnerships Act Program ( "HOME" or "HOME Program" or "the
Act "), and
WHEREAS, the City of Longmont, Boulder County, the Subrecipient and the City of Boulder
entered into a Home Consortium Intergovernmental Agreement dated June 27, 2006 (the
"Intergovernmental Agreement"), by which the parties thereto agreed to participate in the Consortium for
the purpose of implementing a regional HOME Program under the federal HOME Investment
Partnerships Act Program, and
WHEREAS, the Intergovernmental Agreement was subsequently amended to include additional
incorporated cities and towns by name into the Intergovernmental Agreement, and
WHEREAS, the Intergovernmental Agreement designated the City of Boulder as the Lead
Agency to act in a representative capacity for all of the parties thereto, and
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 purpose; 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 its request
to participate as a consortium in the HOME program; and
WHEREAS, July 22, 2013, 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 Agreement:
A. The term "Grant Agreement" means the agreement between the Consortium and HUD executed by the
Consortium on July 22, 2013, 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 Agreement.
The purpose of this 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 Agreement sets forth rights
and responsibilities of both parties in connection with the Subrecipient's program. In this 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 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 laws and regulations of the United States, State of
Colorado, and the City including, without limitation, all rules, regulations and guidelines of the U.S.
Department of Housing and Urban Development, except for the environmental responsibilities and review
process under Executive Order 12372, which are the responsibility of the City. The Subrecipient shall
comply with all applicable provisions of 24 CFR 92, Subpart H entitled "Other Federal Requirements"
which is found attached to this Agreement as Exhibit A. The Subrecipient shall comply with applicable
uniform administrative requirements, as described in 24 CFR §92.505. In addition, if a project (other than
a tenant based rental assistance project) contains five or more HOME Assisted Units, the Subrecipient
shall comply with the City's Affirmative Marketing Strategy. Subrecipient shall comply with income limits
and other requirements contained 24 CFR § 92.252 and 24 CFR § 92.254 for rental housing and
homeownership projects, respectively.
Section 5. Grant Award.
Subject to the terms of the Grant Agreement and this Agreement, the Consortium agrees to provide up to
$56,154 in 2013 HOME funds (CFDA # 14.239) to the Subrecipient for activities identified as the
responsibility of the Subrecipient. The Subrecipient agrees that funds awarded it pursuant to this
Agreement shall be used for the following purposes:
Tenant Based Rental Assistance
$ 56,154.00
The Subrecipient may change the listed purposes and allocated amounts without amending this
agreement provided that the changes qualify as "Minor Changes" as defined in Section G of the Citizen
Participation Plan adopted by the Consortium and approved by HUD as part of the 2010 -2014
Consolidated Plan.
A description of each of the projects listed above, including the tasks to be performed, a schedule for
completing the tasks and a budget, is attached as Exhibit B.
If the Subrecipient provides the grant funds to for - profit owners or developers, nonprofit owners or
developers, subrecipients, homeowners, homebuyers, tenants receiving Tenant Based Rental
Assistance, or contractors, the Subrecipient must have a written agreement with the recipient which
meets the requirements of 24 C.F.R. §92.504.
Funds must be fully expended within three years of the Agreement being signed.
Section 6. Matching Funds. The Subrecipient acknowledges its requirement to provide matching funds
in an amount equal to no less than 25 percent of the total HOME funds drawn down for all project costs
except administration. The match obligation may be met with any of the following specific sources.
D Cash or cash equivalents from a non - federal source;
❑ Value of waived taxes, fees or charges associated with HOME projects;
D Value of donated land or real property;
D Cost of infrastructure improvements associated with HOME projects;
D A percentage of the proceeds of single- or multi - family housing bonds issued by state, state
instrumentality or local government;
D Value of donated materials, equipment, labor and professional services;
u Sweat equity.
The Subrecipient acknowledges and agrees that the Consortium is not responsible for providing the
Subrecipient with any funds to meet the Subrecipient's matching requirements.
The Subrecipient and Consortium agree that the Subrecipient's 2013 match obligation will be met by the
Consortium.
Section 7. Eligible Costs
The following costs are eligible under HOME Program regulations at 24 CFR 92 and will be funded with
2013 HOME funds under this Agreement:
A. Tenant Based Rental Assistance: rental subsidies to help individual households afford housing
costs such as rent and security deposits.
Section 8. Disbursements The Subrecipient understands and agrees that a request for disbursement of
HOME funds pursuant to this Agreement shall not be made until such funds are needed to pay eligible
costs related to a project. Subrecipient understands and agrees that funding in the full amount of this
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 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 Performance and Evaluation Report (CAPER) within
required timeframes.
Program Income received by the Subrecipient shall be retained by the Subrecipient for additional eligible
activities. Program income must be disbursed before the Subrecipient requests funds from the
Consortium.
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:
Community Development Program Manager
Division of Housing
City of Boulder
PO Box 791
1300 Canyon Blvd.
Boulder, Colorado 80306
TO THE SUBRECIPIENT:
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 set forth in Exhibit B, noncompliance with the Act or provisions of
Exhibit A, or any other material breach of the 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
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; and
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
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 to 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.
Ell
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 13. 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. The terms of this Agreement will also be subject to monitoring and
evaluation by HUD.
Section 14. Other Applicable Laws
All projects undertaken pursuant to this Agreement shall be subject to all applicable State statutes, home
rule charter provisions, assessment, planning, zoning, sanitary and building laws, ordinances and
regulations.
Section 15. Nondiscrimination
Subrecipient will comply with all applicable State and Federal laws, rules, and regulations involving non-
discrimination on the basis of race, color, religion, national origin, age, handicap or sex.
Section 16. 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 17. Indemnification
The Consortium and Subrecipient assume 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 18. 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. The Subrecipient may,
however, enter into agreements with its own subrecipients if necessary to complete the projects noted in
Section 5 without the written consent of the Consortium or the Lead Agency.
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. The parties warrant that the individuals executing this Agreement
are properly authorized to bind them to this Agreement.
G. All of the Subrecipient's financial obligations under this Agreement are contingent
upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in
this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of
the Subrecipient's credit, or a payment guarantee by the Subrecipient to the Consortium.
H. Term of Agreement. This Agreement shall expire when the last HOME period of
affordability governing the projects undertaken with the grant funds has expired.
In witness whereof, the parties hereto have hereunto set their hands and seals on the day and year first
above written.
[SIGNATURE PAGE FOLLOWS]
City of Boulder, as lead agency for the
Boulder County /Broomfield County HOME Consortium
ATTEST:
Jane S. Brautigam City of Boulder Clerk
City Manager
App s to form
Bouuld / Attorney
Subrecipient:
THE CITY AND COUNTY OF BROOMFIELD,
a Colorado mu ' 'ryeFcorparaG and county
uinn, Mayor
One Descombes Drive ; ; .O� t yJ •
Broomfield, CO 80020
ATTEST:
L P
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'k
City an��d County CI k, ••.•
APPROVE S TO FORM:
Lj
City and County Attorney
Exhibit A
SUBPART H — OTHER FEDERAL REQUIREMENTS
§ 92.350 Other Federal Requirements
a. The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the
HOME program. The requirements of this subpart include: nondiscrimination and equal
opportunity; disclosure requirements; debarred, suspended or ineligible contractors; and drug -
free workplace.
b. The nondiscrimination requirements at section 282 of the Act are applicable. These
requirements are waived in connection with the use of HOME funds on lands set aside
under the Hawaiian Homes Commission Act, 1920 (42 Stat.108).
§ 92.351 Affirmative Marketing; Minority Outreach Program
a. Affirmative marketing.
1. Each participating jurisdiction must adopt affirmative marketing procedures and requirements
for rental and homebuyer projects containing 5 or more HOME- assisted housing units.
Affirmative marketing steps consist of actions to provide information and otherwise attract
eligible persons in the housing market area to the available housing without regard to race,
color, national origin, sex, religion, familial status or disability. (The affirmative marketing
procedures do not apply to families with Section 8 tenant -based rental housing assistance
or families with tenant -based rental assistance provided with HOME funds.)
2. The affirmative marketing requirements and procedures adopted must include:
i. Methods for informing the public, owners, and potential tenants about Federal fair
housing laws and the participating jurisdiction's affirmative marketing policy (e.g.,
the use of the Equal Housing Opportunity logotype or slogan in press releases and
solicitations for owners, and written communication to fair housing and other
groups);
ii. Requirements and practices each owner must adhere to in order to carry out the
participating jurisdiction's affirmative marketing procedures and requirements (e.g.,
use of commercial media, use of community contacts, use of the Equal Housing
Opportunity logotype or slogan, and display of fair housing poster);
iii. Procedures to be used by owners to inform and solicit applications from persons in the
housing market area who are not likely to apply for the housing without special
outreach (e.g., use of community organizations, places of worship, employment
centers, fair housing groups, or housing counseling agencies);
iv. Records that will be kept describing actions taken by the participating jurisdiction and
by owners to affirmatively market units and records to assess the results of these
actions; and
v. A description of how the participating jurisdiction will annually assess the success of
affirmative marketing actions and what corrective actions will be taken where
affirmative marketing requirements are not met.
3. A State that distributes HOME funds to units of general local government must require each
unit of general local government to adopt affirmative marketing procedures and
requirements that meet the requirement in paragraphs (a) and (b) of this section.
b. Minority outreach. A participating jurisdiction must prescribe procedures acceptable to HUD to
establish and oversee a minority outreach program within its jurisdiction to ensure the inclusion,
to the maximum extent possible, of minorities and women, and entities owned by minorities and
women, including, without limitation, real estate firms, construction firms, appraisal firms,
management firms, financial institutions, investment banking firms, underwriters, accountants,
and providers of legal services, in all contracts entered into by the participating jurisdiction with
such persons or entities, public and private, in order to facilitate the activities of the participating
jurisdiction to provide affordable housing authorized under this Act or any other Federal
housing law applicable to such jurisdiction. Section 85.36(e) of this title describes actions to be
taken by a participating jurisdiction to assure that minority business enterprises and women
business enterprises are used when possible in the procurement of property and services.
§ 92.352 Environmental Review
a. General. The environmental effects of each activity carried out with HOME funds must be
assessed in accordance with the provisions of the National Environmental Policy Act of 1969
(NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts
50 and 58.
b. Responsibility for review.
The jurisdiction (e.g., the participating jurisdiction or State recipient) or insular area must
assume responsibility for environmental review, decisionmaking, and action for each
activity that it carries out with HOME funds, in accordance with the requirements imposed
on a recipient under 24 CFR part 58. No funds may be committed to a HOME activity or
project before the completion of the environmental review and approval of the request for
release of funds and related certification, except as authorized by 24 CFR part 58.
2. A State participating jurisdiction must also assume responsibility for approval of requests for
release of HOME funds submitted by State recipients.
3. HUD will perform the environmental review, in accordance with 24 CFR part 50, for a
competitively awarded application for HOME funds submitted to HUD by an entity that is
not a jurisdiction.
§ 92.353 Displacement, Relocation, and Acquisition
a. Minimizing displacement. Consistent with the other goals and objectives of this part, the
participating jurisdiction must ensure that it has taken all reasonable steps to minimize the
displacement of persons (families, individuals, businesses, nonprofit organizations, and farms)
as a result of a project assisted with HOME funds. To the extent feasible, residential tenants
must be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary,
and affordable dwelling unit in the building/complex upon completion of the project.
b. Temporary relocation. The following policies cover residential tenants who will not be required to
move permanently but who must relocate temporarily for the project. Such tenants must be
provided:
1. Reimbursement for all reasonable out -of- pocket expenses incurred in connection with the
temporary relocation, including the cost of moving to and from the temporarily occupied
housing and any increase in monthly rent/utility costs.
2. Appropriate advisory services, including reasonable advance written notice of:
i. The date and approximate duration of the temporary relocation;
ii. The location of the suitable, decent, safe, and sanitary dwelling to be made available for
the temporary period;
iii. The terms and conditions under which the tenant may lease and occupy a suitable,
decent, safe, and sanitary dwelling in the building /complex upon completion of the
project; and
iv. The provisions of paragraph (b)(1) of this section.
c. Relocation assistance for displaced persons.
General. A displaced person (defined in paragraph (c)(2) of this section) must be provided
relocation assistance at the levels described in, and in accordance with the requirements of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA) (42 U.S.C. 4201 -4655) and 49 CFR part 24. A "displaced person' must be advised
of his or her rights under the Fair Housing Act and, if the comparable replacement
dwelling used to establish the amount of the replacement housing payment to be provided
to a minority person is located in an area of minority concentration, the minority person
also must be given, if possible, referrals to comparable and suitable, decent, safe, and
sanitary replacement dwellings not located in such areas.
2. Displaced Person.
i. For purposes of paragraph (c) of this section, the term displaced person means a person
(family individual, business, nonprofit organization, or farm, including any
corporation, partnership or association) that moves from real property or moves
personal property from real property, permanently, as a direct result of acquisition,
rehabilitation, or demolition for a project assisted with HOME funds. This includes
any permanent, involuntary move for an assisted project, including any permanent
move from the real property that is made:
A. After notice by the owner to move permanently from the property, if the move
occurs on or after:
1. The date of the submission of an application to the participating jurisdiction
10
or HUD, if the applicant has site control and the application is later
approved; or
2. The date thejurisdiction approves the applicable site, if the applicant does not
have site control at the time of the application; or
B. Before the date described in paragraph (c)(2)(i)(A) of this section, if the
jurisdiction or HUD determines that the displacement resulted directly from
acquisition, rehabilitation, or demolition for the project; or
C. By a tenant- occupant of a dwelling unit, if any one of the following three
situations occurs:
1. The tenant moves after execution of the agreement covering the acquisition,
rehabilitation, or demolition and the move occurs before the tenant is
provided written notice offering the tenant the opportunity to lease and
occupy a suitable, decent, safe, and sanitary dwelling in the same
buildinglcomplex upon completion of the project under reasonable terms
and conditions. Such reasonable terms and conditions must include a term
of at least one year at a monthly rent and estimated average monthly utility
costs that do not exceed the greater of:
i. The tenant's monthly rent before such agreement and estimated average
monthly utility costs; or
The total tenant payment, as determined under 24 CFR 5.613, if the
tenant is low- income, or 30 percent of gross household income, if the
tenant is not low - income; or
2. The tenant is required to relocate temporarily, does not return to the
building /complex, and either:
i. The tenant is not offered payment for all reasonable out -of- pocket
expenses incurred in connection with the temporary relocation; or
ii. Other conditions of the temporary relocation are not reasonable; or
3. The tenant is required to move to another dwelling unit in the same
building/complex but is not offered reimbursement for all reasonable out -
of- pocket expenses incurred in connection with the move, or other
conditions of the move are not reasonable.
ii. Notwithstanding paragraph (c)(2)(i) of this section, a person does not qualify as a
displaced person if:
A. The person has been evicted for cause based upon a serious or repeated violation
of the terms and conditions of the lease or occupancy agreement, violation of
applicable federal, State or local law, or other good cause, and the participating
jurisdiction determines that the eviction was not undertaken for the purpose of
evading the obligation to provide relocation assistance. The effective date of any
11
termination or refusal to renew must be preceded by at least 30 days advance
written notice to the tenant specifying the grounds for the action.
B. The person moved into the property after the submission of the application but,
before signing a lease and commencing occupancy, was provided written notice
of the project, its possible impact on the person (e.g., the person may be
displaced, temporarily relocated, incur a rent increase), and the fact that the
person would not qualify as a "displaced person" (or for any assistance under
this section) as a result of the project;
C. The person is ineligible under 49 CFR 24.2(g)(2); or
D. HUD determines that the person was not displaced as a direct result of acquisition,
rehabilitation, or demolition for the project.
iii. The jurisdiction may, at any time, ask HUD to determine whether a displacement is or
would be covered by this rule.
3. Initiation of negotiations. For purposes of determining the formula for computing
replacement housing assistance to be provided under paragraph (c) of this section to a
tenant displaced from a dwelling as a direct result of private -owner rehabilitation,
demolition or acquisition of the real property, the term initiation of negotiations means the
execution of the agreement covering the acquisition, rehabilitation, or demolition.
d. Optional relocation assistance. The participating jurisdiction may provide relocation payments
and other relocation assistance to families, individuals, businesses, nonprofit organizations, and
farms displaced by a project assisted with HOME funds where the displacement is not subject to
paragraph (c) of this section. The jurisdiction may also provide relocation assistance to persons
covered under paragraph (c) of this section beyond that required. For any such assistance that is
not required by State or local law, the jurisdiction must adopt a written policy available to the
public that describes the optional relocation assistance that it has elected to furnish and provides
for equal relocation assistance within each class of displaced persons.
e. Residential antidisplacement and relocation assistance plan. The participating jurisdiction shall
comply with the requirements of 24 CFR part 42, subpart C.
f. Real property acquisition requirements. The acquisition of real property for a project is subject to
the URA and the requirements of 49 CFR part 24, subpart B.
g. Appeals. A person who disagrees with the participating jurisdiction's determination concerning
whether the person qualifies as a displaced person, or the amount of relocation assistance for
which the person may be eligible, may file a written appeal of that determination with the
jurisdiction. A low- income person who is dissatisfied with the jurisdiction's determination on
his or her appeal may submit a written request for review of that determination to the HUD
Field Office.
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§ 92.354 Labor
a. General.
Every contract for the construction (rehabilitation or new construction) of housing that
includes 12 or more units assisted with HOME funds must contain a provision requiring
the payment of not less than the wages prevailing in the locality, as predetermined by the
Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 276a- 276a -5), to all
laborers and mechanics employed in the development of any part of the housing. Such
contracts must also be subject to the overtime provisions, as applicable, of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 -332).
2. The contract for construction must contain these wage provisions if HOME funds are used for
any project costs in § 92.206, including construction or nonconstruction costs, of housing
with 12 or more HOME - assisted units. When HOME funds are only used to assist
homebuyers to acquire single - family housing, and not for any other project costs, the wage
provisions apply to the construction of the housing if there is a written agreement with the
owner or developer of the housing that HOME funds will be used to assist homebuyers to
buy the housing and the construction contract covers 12 or more housing units to be
purchased with HOME assistance. The wage provisions apply to any construction contract
that includes a total of 12 or more HOME- assisted units, whether one or more than one
project is covered by the construction contract. Once they are determined to be applicable,
the wage provisions must be contained in the construction contract so as to cover all
laborers and mechanics employed in the development of the entire project, including
portions other than the assisted units. Arranging multiple construction contracts within a
single project for the purpose of avoiding the wage provisions is not permitted.
Participating jurisdictions, contractors, subcontractors, and other participants must comply
with regulations issued under these acts and with other Federal laws and regulations
pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards
Compliance in Housing and Community Development Programs), as applicable.
Participating jurisdictions must require certification as to compliance with the provisions
of this section before making any payment under such contract.
b. Volunteers. The prevailing wage provisions of paragraph (a) of this section do not apply to an
individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal
fee to perform the services for which the individual volunteered and who is not otherwise
employed at any time in the construction work. See 24 CFR part 70.
c. Sweat equity. The prevailing wage provisions of paragraph (a) of this section do not apply to
members of an eligible family who provide labor in exchange for acquisition of a property for
homeownership or provide labor in lieu of, or as a supplement to, rent payments.
§ 92.355 Lead -based paint
Housing assisted with HOME funds is subject to the Lead -Based Paint Poisoning Prevention Act
(42 U.S.C. 4821- 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851 - 4856), and implementing regulations at part 35, subparts A, B, J, K, M and R of this
title. [64 FR 50224, Sept. 15, 1999]
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§ 92.356 Conflict of Interest
a. Applicability. In the procurement of property and services by participating jurisdictions, State
recipients, and subrecipients, the conflict of interest provisions in 24 CFR 85.36 and 24 CFR
84,42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the
provisions of this section apply.
b. Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or have
exercised any functions or responsibilities with respect to activities assisted with HOME funds
or who are in a position to participate in a decisionmaking process or gain inside information
with regard to these activities, may obtain a financial interest or benefit from a HOME - assisted
activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter.
c. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any
person who is an employee, agent, consultant, officer, or elected official or appointed official of
the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds.
d. Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction,
HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case
basis when it determines that the exception will serve to further the purposes of the HOME
Investment Partnerships Program and the effective and efficient administration of the
participating jurisdiction's program or project. An exception may be considered only after the
participating jurisdiction has provided the following:
A disclosure of the nature of the conflict, accompanied by an assurance that there has been
public disclosure of the conflict and a description of how the public disclosure was made;
and
2. An opinion of the participating jurisdiction's or State recipient's attorney that the interest for
which the exception is sought would not violate State or local law.
e. Factors to be considered for exceptions. In determining whether to grant a requested exception
after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this
section, HUD will consider the cumulative effect of the following factors, where applicable:
1. Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the program or project which would otherwise not be available;
2. Whether the person affected is a member of a group or class of low- income persons intended
to be the beneficiaries of the assisted activity, and the exception will permit such person to
receive generally the same interests or benefits as are being made available or provided to
the group or class;
3. Whether the affected person has withdrawn from his or her functions or responsibilities, or
the decisionmaking process with respect to the specific assisted activity in question;
14
4. Whether the interest or benefit was present before the affected person was in a position as
described in paragraph (c) of this section;
5. Whether undue hardship will result either to the participating jurisdiction or the person
affected when weighed against the public interest served by avoiding the prohibited
conflict; and
6. Any other relevant considerations.
f. Owners and Developers.
1. No owner, developer or sponsor of a project assisted with HOME funds (or officer,
employee, agent or consultant of the owner, developer or sponsor) whether private, for
profit or non - profit (including a community housing development organization (CHDO)
when acting as an owner, developer or sponsor) may occupy a HOME - assisted affordable
housing unit in a project. This provision does not apply to an individual who receives
HOME funds to acquire or rehabilitate his or her principal residence or to an employee or
agent of the owner or developer of a rental housing project who occupies a housing unit as
the project manager or maintenance worker.
2. Exceptions. Upon written request of a housing owner or developer, the participating
jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may
grant an exception to the provisions of paragraph (f)(1) of this section on a case -by -case
basis when it determines that the exception will serve to further the purposes of the HOME
program and the effective and efficient administration of the owner's or developer's
HOME - assisted project. In determining whether to grant a requested exception, the
participating jurisdiction shall consider the following factors:
i. Whether the person receiving the benefit is a member of a group or class of low- income
persons intended to be the beneficiaries of the assisted housing, and the exception
will permit such person to receive generally the same interests or benefits as are being
made available or provided to the group or class;
ii. Whether the person has withdrawn fiorn his or her functions or responsibilities, or the
decision making process with respect to the specific assisted housing in question;
iii. Whether the tenant protection requirements of § 92.253 are being observed;
iv. Whether the affirmative marketing requirements of § 92.351 are being observed and
followed; and
v. Any other factor relevant to the participating jurisdiction's determination, including the
timing of the requested exception.
§ 92.357 Executive Order 12372
a. General_ Executive Order 12372, as amended by Executive Order 12416 (3 CFR, 1982 Comp., p.
197 and 3 CFR, 1983 Comp., p. 186) (Intergovernmental Review of Federal Programs) and
15
HUD's implementing regulations at 24 CFR part 52, allow each State to establish its own
process for review and comment on proposed Federal financial assistance programs.
b. Applicability. Executive Order 12372 applies to applications submitted with respect to HOME
funds being competitively reallocated under subpart J of this part to units of general local
government.
§ 92.358 Consultant Activities
No person providing consultant services in an employer - employee type relationship shall receive
more than a reasonable rate of compensation for personal services paid with HOME funds. In no
event, however, shall such compensation exceed the limits in effect under the provisions of any
applicable statute (e.g., annual HUD appropriations acts which have set the limit at the equivalent of
the daily rate paid for Level IV of the Executive Schedule, see the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, Pub. L.
104 -204 (September 26, 1996)). Such services shall be evidenced by written agreements between the
parties which detail the responsibilities, standards, and compensation. Consultant services provided
under an independent contractor relationship are not subject to the compensation limitation of Level
IV of the Executive Schedule.
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Contract Tracking > Thank You
STANDARD
Contract Routing Cover Sheet
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Page
OCT 2 3 2013
Routing Number
20131017 -8882
Originating Dept
Housing
Contact Person
Kelly Stapleton
Phone Number
303 -441 -3167
Project Manager / Contract
Kelly Stapleton
E -mail
stapletonk @bouldemolorado.gov
Administrator
Counter Parties
City and County of Broomfield
Contract Title / Type
Subrecipient Agreement Between Boulder County /Broomfield /City of Boulder
Number
Description
The City of Boulder receives federal housing funds from HUD each year. Through the Boulder
Broomfield HOME Consortium Intergovernmental Agreement, Broomfield is entitled to seven
percent of the allocation from HUD. The subrecipient agreement outlines the project that
1171,0ld will spend Its auoc_ ion c, mS o-WrU, _- * swell as
f �tin3 r uiranv..#s tf.
Special Instructions
Included are two original copies of the subrecipient agreement. Please sign and date both and
return one original to Kelly in Housing for Broomfield. Please email me an a -copy of the
agreement. Thanks much. Kelly
1
Amount
56,154
Expense Type
OUTGOING
• Dept. Head Signature
NOTE; Originating Depart e t Idenbly 1th a check mark all areas document needs to be routed.
• Sales � Tax
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• City Manager"
• Central Recor
Contract Tracking Home I Signature Routine Form I Track Contract Status I Update Contract Status
Page 1 of 1
OFFICE OF THE CITY ATTORNEy
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