CDBG Subrecipient Agreement with Boys and Girls ClubSUBRECIPIENT AGREEMENT FOR USE OF
PY08 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT is entered into this _ day of February, 2010, by and between the City of
Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and the
Meridian Boys and Girls Club, a branch of the nonprofit organization Boys and Girls Club of Ada County,
organized 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 provides programming and activities to inspire and empower all youth,
particularly low- and moderate-income youth, to realize their full potential as productive, responsible and
caring citizens, 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 2009 (PY09);
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 PY09 CDBG funds in the amount of
seventeen thousand dollars ($17,000) to initiate a bus transportation program that will increase
access to the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho.
Specifically, the program will transport students from Peregrine Elementary, Meridian Middle, and
Meridian High to the Club every day after school. CDBG funds will reimburse Subrecipient for
driver hourly wage and fringe benefits, fuel, bus maintenance, and insurance. CDBG funds will
only reimburse expenses related directly to provision of this service as documented by
Subrecipient. Subrecipient shall be responsible for administering its PY09 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 PY09 CDBG funds
provided by City under this Agreement meet the Low-and Moderate-Income National Objectives
as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall
benefit a limited clientele, at least fifty one percent (51 °Io) of whom are low-or moderate-income
persons (24 CFR § 570.208(a)(2)).
C. LMI Clientele. Subrecipient shall provide documentation demonstrating that fifty-one percent
(51%) of clientele using the service governed by this agreement are LMI persons. Documentation
must be provided prior to first draw request.
D. Levels of accomplishment. This project will provide funds for the provision of transportation
services to the Meridian Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho. In
addition to the normal administrative services required as part of this Agreement, Subrecipient
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 1 OF 13
agrees to document and report on each and all of the following outcomes:
1. Number of individuals gaining improved access to facility and/or services; and
2. Income level, family size, race, and ethnicity of persons assisted.
E. Staffing not funded. Except as otherwise noted in I.A, Subrecipient agrees that no CDBG funds
will be utilized for staffing.
F. Performance Monitoring. City will monitor the performance of Subrecipient against goals and
performance standards required herein. Substandard performance as determined by City will
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 City, Agreement
suspension or termination procedures will be initiated.
G. Time of Performance. Services of Subrecipient under this Agreement shall start on or before
February 3, 2010 and shall be completed by December 31, 2010. 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.
H. Progress Reports. Subrecipient shall submit Progress Reports to City on at least a quarterly basis
Progress Reports shall be completed in the form and content required by City. Subrecipient shall
submit the first Progress Report to City within seven (7) days of February 22, 2010. 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 PY09 CDBG funds in the amount of
seventeen thousand dollars ($17,000) to provide bus transportation services to the Meridian
Boys and Girls Club facility at 911 Meridian Road, Meridian, Idaho. 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
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 2 OF 13
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. 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.
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. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
e. 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
52.
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 property inventory records that clearly
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 3 OF 13
identify properties purchased, improved or sold. Properties retained shall continue to meet
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 final 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. The activities governed by this agreement are not anticipated to generate
program income as Subrecipient shall not charge its members for the service. Any change to
the activities described herein that will generate program income shall require an amendment
to this agreement.
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. 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 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.
4. Draw Requests.
a. It is expressly agreed and understood that the total amount to be paid by City under this
Agreement shall not exceed seventeen thousand dollars ($17,000.00). Drawdowns for
reimbursement of eligible expenses shall be made as expenses are incurred by Subrecipient
and subsequent reimbursement requests are submitted by Subrecipient to City as described
herein.
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIItLS CLUB PAGE 4 OF 13
b. Subrecipient shall submit draw requests to City at least quarterly. Draw requests shall
include the following:
1. Draw Request Form
2. Progress Report
3. Expense Detail with Proof of Payment by Subrecipient as follows:
a) Bus Driver: Include log of time spent/day delivering this service. Submit proof of
payment to driver with draw requests.
b) Fringe Benefits: Shall be included on proof of payment with draw requests.
c) Insurance: Include mileage log for (1) this program specifically and (2) all other
use. Submit receipts/invoices and proof of payment to insurance provider with
request for reimbursement of the corresponding percentage of total dollar amount
(based on mileage for this program).
d) Bus Maintenance: Include mileage log for (1) this program specifically and (2) all
other use. Submit receipts/invoices with proof of payment for maintenance/repairs
with request for reimbursement of the corresponding percentage of total dollar
amount (based on mileage for this program).
e) Fuel: Include mileage log for (1) this program specifically and (2) all other use.
Maintain receipts for all fuel purchased during each draw period. Submit receipts
and proof of payment with request for reimbursement of the corresponding
percentage of total dollar amount (based on mileage for this program).
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 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. 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
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIItLS CLUB PAGE $ OF 13
extent to that funds received under this Agreement were used to acquire the equipment.
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
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 6 OF 13
activities; lobbying, political patronage, and nepotism activities.
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."
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 7 OF I3
3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure
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
570.611 m, 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 funds.
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;
PY~9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 8 OF 13
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
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 may be undertaken. The regulations further require
PYO9 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 9 OF I3
that, depending on the amount of Federal funds applied to a property, paint testing, risk
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
Meridian Boys and Girls Club
Attn: CDBG Grant Administrator
911 Meridian Road
Meridian, Idaho 83642
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.
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB 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
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become applicable at any time;
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 may be 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.
PY09 SUBRECIPIENT AGREEMENT -MERIDIAN BOYS AND GIRLS CLUB PAGE 12 OF 13
M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement
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 yeaz first above written.
SUBRECIPIENT:
Meridian Boys and Girls Club
By: Colleen Braga, Executi a Director
Boys and Girls Club of Ada County
STATE OF IDAHO )
] ~ ) ss:
County of ~ )
I HEREBY CERTIFY that on this i day of ~AYG~1 , 2010, before the undersigned, a Notazy
Public in the State of Idaho, personally appeazed Colleen Braga, known to me to be the person who
executed the said instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this certificate first above written. D ,,
Public for Id ~' O '+~ t0
Residing at ~X l c ~ Gt Vl ,Idaho ~ SOT AR y `~'
My Commission Expires: ?` "•~
CITY: ; N'. AUB L1G .
City of Meridian ~t~~~~~1~iiiiA~~~~i '•• 9T ••......••••O ~,
By: T de Weerd, Mayor. ~ ayl~e rrt~n, City Clerk
y-~=~v SEAL
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PYO9 SUBRECIPIENT AGREEMENT-~ GST 9 ~ , ~'~`c~s PAGE 13 OF 13
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