Subrecipient Agmt for CDBG Boise City / Ada County Housing AuthoritySUBRECIPIENT AGREEMENT FOR USE OF
PY08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
~ ~~.
THIS AGREEMENT is entered into this ~~ day ofr, 2008, by and between the City of
Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and the Boise
City/Ada County Housing Authority, a public body corporate and politic established under the laws of the
State of Idaho ("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for and received funds
from the United States Government 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, Subrecipient assists families in obtaining decent, safe, and affordable housing
solutions, which activity complements the objectives of the CDBG program; and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment
of CDBG funds in Subrecipient's programming during Program Year 2008;
NOW, THEREFORE, it is agreed by the parties hereto as follows:
I. STATEMENT OF WORK
A. Purpose. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of fifty
thousand dollars ($50,000) to provide direct homeownership assistance to help low/moderate
income ("LMI") persons purchase homes. Subrecipient shall be responsible for administering its
PY08 CDBG funds in a manner satisfactory to City and consistent with any and all standards
required as a condition of providing these funds.
B. National Objective. Subrecipient certifies that the activities carried out City's PY08 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. Specifically, Subrecipient's activities under this
agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(C)).
C. Levels of accomplishment. This project will provide direct homeownership assistance to LMI
persons. In addition to the normal administrative services required as part of this Agreement,
Subrecipient agrees to document and report on each and all of the following outcomes:
1. Number of households assisted and number of persons in each household;
2. Income level and ethnicity of persons provided housing;
3. Number of persons assisted who are first-time homebuyers and the number thereof receiving
housing counseling;
4. Number of persons receiving down payment assistance and/or closing costs;
5. Amount of funding received by each household.
D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing.
E. Performance Monitoring. City will monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as determined by City will
PYOB SUBRECII'IENT AGREEMENT - BOISE Crrx/ADA COUNTY HOUSING AUTHORTI'1' PAGE 1 OF 13
constitute non-compliance with this Agreement. If action to correct such substandard performance
is not taken by Subrecipient within fourteen (14) days after being notified by the City, Agreement
suspension or termination procedures will be initiated.
F. Time of Performance. Services of Subrecipient under this Agreement shall start on or before
November 5, 2008 and shall be completed by September 30, 2009. 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 assets, including program income.
G. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the form,
content, and frequency as required by City. Subrecipient shall submit the first Progress Report to
City within seven (7) days of February 1, 2009. If Progress Reports are delinquent, draw requests
will not be processed until the delinquency is cured. Progress Reports must contain information
on outcome-based measurements as outlined in this Agreement.
II. ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform
administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PY08 CDBG funds in the amount of fifty
thousand dollars ($50,000) to provide direct homeownership assistance to LMI persons. City
may require a detailed budget breakdown, and Subrecipient shall provide such information in a
timely fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this
Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR § § 84.21 through 84.28,
and further agrees to: adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with OMB
Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be
applied for all costs incurred, whether charged on a direct or indirect basis.
5. Certification of financial management system. Payments shall be contingent upon HUD's
certification of Subrecipient's financial management system in accordance with 24 CFR §
84.21.
6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG
Program Administrator prior to submitting the first draw request to City. City will not process
draw requests unless and until the Subrecipient attends this meeting.
PY08 SUBRECII'IENT AGREEMENT - BOLSE CITY/ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 13
C. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this Agreement,
Subrecipient shall maintain all records that are pertinent to the activities to be funded under
this Agreement, including, but not limited to, those required by the Federal regulations
specified in 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity components
of the CDBG Program;
f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except
that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part
5~.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred
under this Agreement for a period of five (5) years after the termination of all activities funded
under this Agreement. Records for non-expendable property acquired with funds under this
Agreement shall be retained for five (5) years after final disposition of such property. If, prior
to the expiration of the five-year period, any litigation, claims, audits, negotiations or other
actions begin that involve any of the records cited, such records shall be retained until
completion of the actions and resolutions of all issues, or the expiration of the five-year period,
whichever occurs later.
3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to: client name, address, income
level or other basis for determining eligibility, and description of service provided. Such
information shall be made available for review upon City's request.
4. Disclosures. Subrecipient understands that client information collected under this Agreement
is private and the use or disclosure of such information, when not directly connected with the
administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by
the Financial Privacy Act unless written consent is obtained from such person receiving service
and, in the case of a minor, that of a responsible parent/guardian.
5. Property Records. Subrecipient shall maintain real properly inventory records that clearly
identify properties purchased, improved or sold. Properties retained shall continue to meet
PY08 SUBRECIPIENT AGREEMENT -BOISE C1TX/ADA COUNTY HOUSING AUTHORTI'1' PAGE 3 OF 13
eligibility criteria.
6. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but shall not be limited to:
making fmal payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to City), and determining the custodianship of records. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including program income.
7. Audits and inspections. All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to City, HUD or its agent, or other authorized federal
officials, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of all relevant data for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies
noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after
receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with current City policy concerning audits and as applicable, OMB Circular A-133.
D. Reporting and Payment Procedures.
1. Program Income. Subrecipient shall report monthly all program income as defined at 24 CFR
§ 570.500(a) that is generated by activities carried out with CDBG funds made available under
this Agreement. The use of program income by Subrecipient shall comply with the
requirements set forth at 24 CFR § 570.504. By way of further limitations, Subrecipient may
use such income during the Agreement period for activities permitted under this Agreement
and shall reduce requests for additional funds by the amount of any such program income
balances on hand. All unexpended program income shall be returned to City at the end of the
Agreement period. Any interest earned on cash advances from the U.S. Treasury is not
program income and shall be remitted promptly to City. At the end of the program year, City
may require remittance of all or part of any program income balances, including investments
thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of
a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held
for section 108 security needs.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement
based upon information submitted by Subrecipient and consistent with any approved budget
and City policy concerning payments. With the exception of certain advances, payments will
be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash
requirements. Payments will be adjusted by City in accordance with advance fund and
program income balances available in Subrecipient's accounts. In addition, City reserves the
right to liquidate funds available under this Agreement for costs incurred by City on behalf of
Subrecipient.
PYOB SUBRECIPIENT AGREEMENT -BOISE CITY/ADA COUNTY HOUSING AUTHORITY PAGE 4 OF 13
4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City
under this Agreement shall not exceed fifty thousand dollars ($50,000). Drawdowns for the
payment of eligible expenses shall be made in accordance with performance. Draw requests
shall only be accepted on official City and/or HUD forms and must be completed in full to be
processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days
after the end of the month for which reimbursement is being submitted. Final draw under this
Agreement shall be submitted by Subrecipient no later than September 30, 2009.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement,
Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
E. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City policies
concerning the purchase of equipment and shall maintain inventory records of all non-
expendable personal property as defined by such policy as may be procured with funds
provided hereunder.
2. OMB Standards. Subrecipient shall procure all materials in accordance with the
requirements of 24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the
Boise metropolitan area with funds provided under this Agreement.
F. Use and Reversion of Assets. The use and disposition of real property and equipment under the
Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§
570.502 through 570.504, as applicable, which include, but are not limited to, the following:
1. Records. Subrecipient shall maintain real property inventory records, which clearly identify
properties purchased, improved or sold.
2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real
property that is acquired or improved, in whole or in part, with funds under this Agreement in
excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5)
years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to
meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay
City an amount equal to the current market value of the property, less any portion of the value
attributed to expenditures of non-CDBG funds for acquisition of or improvement to the
property. Such payment shall constitute program income to City. Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the five-year
period.
3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds
under this Agreement is sold, the proceeds shall be program income, prorated to reflect the
extent to that funds received under this Agreement were used to acquire the equipment.
PYOB SUBRECIPIENT AGREEMENT -BOISE CITY/ADA COUNTY HOUSING AUTHORITY PAGE 5 OF 13
Equipment purchased with funds received under this Agreement but not needed by the
Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG
program or (b) retained after compensating City an amount equal to the current fair market
value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
III.EMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of
Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive
Order 11375 and 12086.
B. 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, as revised by Executive Order 13279. The applicable non-discrimination provisions in
Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any
employee or applicant for employment or services because of race, color, creed, religion, ancestry,
national origin, sex, disability or other handicap, age, marital status or status with regard to public
assistance. Subrecipient will take affirmative action to insure that all employment practices are
free from such discrimination. Such employment practices include but are not limited to the
following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
C. 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. § 706) which prohibits
discrimination against the handicapped in any Federally-assisted program. City shall provide
Subrecipient with any guidelines necessary for compliance with that portion of the regulations in
force during the term of this Agreement.
D. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other agreement or understanding, a
notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of Subrecipient's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or religious
activities; lobbying, political patronage, and nepotism activities.
PYOB SUBRECIPIENT AGREEMENT -BOISE CITY/ADA COUNTY HOUSING AUTHORTI'1' PAGE 6 OF 13
1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engage in the conduct of political
activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.).
2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be
utilized for religious activities, to promote religious interests, or for the benefit of a religious
organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j).
F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours
and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327);
and all other applicable Federal, state and local laws and regulations pertaining to labor standards
insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain
documentation which demonstrates compliance with the hour and wage requirements of this part.
Such documentation shall be made available to City for review upon request. Subrecipient further
agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction,
renovation or repair of any building or work financed in whole or in part with assistance provided
under this Agreement shall comply with Federal requirements pertaining to such Agreements and
with the applicable requirements of the regulations of the Department of Labor, under 29 CFR
Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey
workers; provided, that if wage rates higher than those required under the regulations are imposed
by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any,
to require payment of the higher wage.
G. 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 regulations set forth in 24 CFR Part
135, and all applicable rules and orders issued thereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's
subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City,
Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and
assigns, to sanctions.
2. Subcontract language. Subrecipient further agrees to include the following language in all
subcontracts executed under this Agreement: "The work to be performed under this Agreement
is a project assisted under a program providing direct Federal financial assistance from HUD
and is subject to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low and very low income residents of
the project area and Agreements for work in connection with the project be awarded to
business concerns that provide economic opportunities for low and very low income persons
residing in the metropolitan area in which the project is located."
3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure
PYOB SUBRECIPIENT AGREEMENT -BOISE CITY/ADA COUNTY HOUSING AUTHORITY PAGE 7 OF 13
that opportunities for training and employment arising in connections with a housing
rehabilitation (including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction projects are given to low and very-low income
person residing within the metropolitan area in which the CDBG-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 participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based
paint hazards), housing construction, or other public construction project are given to business
concerns that provide economic opportunities for low and very low income persons residing
within the metropolitan area in which the CDBG-funded 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.
H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and
570.611m, which include, but are not limited to, the following:
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged in the award and
administration of Agreements supported by Federal fiends.
2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have exercised any
functions or responsibilities with respect to CDBG-assisted activities, or who are in a position
to participate in adecision-making process or gain inside information with regard to such
activities, may obtain a financial interest in any Agreement, or have a financial interest in any
contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for
themselves or those with who they have business or immediate family ties, during their tenure
or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person"
includes any person who is an employee, agent, consultant, officer, or elected or appointed
official of City, the Subrecipient, or any designated public agency.
I. Lobbying. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal Agreement, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal
Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
PY08 SUBRECII'IENT AGREEMENT - BOISE CrrY/ADA COUNTY HOUSING AUTHORTI'I' PAGE 8 OF 13
for influencing attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal Agreement, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions;
3. Subrecipient will require that the following language of paragraph (d) of this certification be
included in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly: "This certification is a material
representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not let less that $10,000 and not more than
$100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar
as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to
inspection, monitoring, entry reports, and information, as well as other requirements specified
in said Act, and all regulations and guidelines issued thereunder.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection
Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area
identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for acquisition
or construction purposes (including rehabilitation).
C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD Lead-Based
Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community
Development Act of 1992. These regulations revise the CDBG lead based paint requirements
under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that
all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead-based paint. Such notification shall point out the
hazards of lead-based paint and explain the symptoms, treatment and precautions that should be
taken when dealing with lead-based paint poisoning and the advisability and availability of blood
level screening for children under seven. The notice must also point out that if lead-based paint is
found on the property, abatement measures maybe undertaken. The regulations further require
that, depending on the amount of Federal funds applied to a property, paint testing, risk
PYOB SUBRECIPIENT AGREEMENT -BOISE CITY/t1LA COUNTY HOUSING AuTxORTI'1' PAGE 9 OF 13
assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. §
470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation
Procedures for Protection of Properties, insofar as they apply to the performance of this
Agreement. In general, this requires concurrence from the State Historic Preservation Officer for
all rehabilitation and demolition of historic properties that are fifty years or older or that are
included on a Federal, state or local historic property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as
follows:
City of Meridian
Attn: CDBG Program Administrator
33 E. Broadway Avenue
Meridian, Idaho 83642
Boise City/Ada County Housing Authority
Attn: CDBG Grant Administrator
1276 W. River Street
Boise, Idaho 83702
Either party may change its authorized representative and/or address for the purpose of this
paragraph by giving written notice of such change to the other party in the manner herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG
funds, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all
other applicable Federal, state and local laws, regulations, and policies governing the funds
provided under this Agreement.
C. 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.
D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers,
servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold
harmless, defend and indemnify City from and for all such losses, claims, actions, and/or
judgments for damages or injury to persons or property and/or losses and expenses caused or
incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants,
guests, and/or invitees, and participants in its programming, and other costs, including litigation
costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of
this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors,
subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and
resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to
tangible or intangible property.
PY08 SUBRECII'IENT AGREEMENT -BOISE CITY/ADA COUNTY HOUSING AUTHORITY
PAGE 10 OF 13
E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage
for all employees involved in the performance of this Agreement.
F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect
Agreement assets from loss due to theft, fraud and/or undue physical damage. Further,
Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and
84.48.
G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing
services under this Agreement.
H. Amendments. The parties hereto may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each party, and approved by City's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release either party from its
obligations under this Agreement. City may, in its discretion, amend this Agreement to conform
with Federal, state or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result in a change in the funding, the scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both parties.
I. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before
the effective date of such termination, giving written notice to the other party of such
termination and specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only
be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports of other materials
prepared by Subrecipient under this Agreement shall, at the option of City, become the
property of City, and Subrecipient shall be entitled to receive just and equitable compensation
for any satisfactory work completed on such documents or materials prior to the termination.
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination
of the Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension
or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails
to comply with any term of this Agreement, which shall include, but shall not be limited to, the
following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
PY08 SUBRECII'IENT AGREEMENT -BOISE CITY/ADA COUNTY HOUSING AUTHORITY PAGE 11 OF 13
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this
Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any
material respect.
6. Penalty for material noncompliance. In addition to suspension or termination of this
Agreement and/or any other remedies as provided by law, upon a finding of material
noncompliance, City may declare Subrecipient ineligible for any further participation in City
CDBG programming. In the event there is probable cause to believe Subrecipient is in
noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15)
percent of said Agreement funds until such time as Subrecipient is found to be in compliance
by City, or is otherwise adjudicated to be in compliance.
J. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior
written consent of City; provided, however, that claims for money due or to become due to
Subrecipient from City under this Agreement maybe assigned to a bank, trust company, or other
financial institution without such approval. Notice of any assignment or transfer shall be furnished
promptly to City.
K. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their
entirety to be included in and made a part of any subcontract executed in the performance of
this Agreement.
4. Selection Process. Subrecipient shall undertake to insure that all subcontracts entered into in
the performance of this Agreement shall be awarded pursuant to any applicable provisions of
the City Purchasing Policy and/or local, state, or federal laws.
5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with
documentation concerning the selection process.
L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other
disability exists which would prevent compliance with these requirements.
M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement
PYOB SUBRECIPIENT AGREEMENT -BOISE CITY/C1LA COUNTY HOUSING AUTHORITY PAGE 12 OF 13
shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full
force and effect.
N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements.or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith.
O. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce
such term, and any right or remedy hereunder maybe asserted at any time after the governing body
of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement.
P. 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.
I HEREBY CERTIFY that on this ~~day of/l/®~f' , 2008, before the undersigned, a Notary
Public in the State of Idaho, personally appeared Deanna Watson, known to me to be the person who
executed the said instrument, and acknowledged to me that he executed the same.
SUBRECIPIENT:
Boise City/Ada County Housing Authority
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By: Deanna Watson, Executive Director .~ G
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STATE OF IDAHO ) ••,• ~p~..~N' ~;
County of ~) ~`~`'f~!~'``
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at ~%c~ ,Idaho
My Commission Expires: ~ S ~-~ ~~
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CITY:
City of Mei' Attest: `~ ~.~~t O~ ~~~~„~~%,~~~
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By: Tammy eerd, Mayor ayce iolmari;, Ci ~ erk oM
PY08 SUBRECIPIENT AGREEMENT -BOISE CITYIADA COUNTY HOUSING AUTHO /RI"~h~~~~~~\\\
PAGE 13 OF 13