R-03-11-13-11G11 - 11/13/2003RESOLUTION NO. R-03-11-13 -11G11
WHEREAS, the City of Round Rock 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, and
WHEREAS, the City of Round Rock wishes to engage the Williamson
County and Cities Health District to assist the City in utilizing said
funds, and
WHEREAS, the City Council desires to enter into a Community
Development Block Grant Program Agreement with the Williamson County
and Cities Health District for the CHIP/Medicaid Program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City, a Community Development Block Grant Agreement with
the Williamson County and Cities Health District for the CHIP/Medicaid
Program, a copy of said agreement being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 13th day of November 2003
% rIM E I!- Mayo
�• Round Rock; Texas
ATTEST I e
)e
CHRISTINE R. MARTINEZ, City Secretar
@PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R31113G.11/sc
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -03 -MC -48-0514)
THIS AGREEMENT, entered into this day of , 2003 by and between the
City of Round Rock, a Texas home -rule municipality (herein called the "GRANTEE") and
Williamson County and Cities Health District (herein called the "SUBRECIPIENT").
WHEREAS, the GRANTEE 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; and
WHEREAS, the GRANTEE wishes to engage the SUBRECIPIENT to assist the
GRANTEE in utilizing such funds;
NOW, THEREFORE, In consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
SECTION I:
SCOPE OF SERVICES
1.1. Activities and Beneficiaries
The SUBRECIPIENT will be responsible for administering a Community Development
Block Grant ("CDBG") Year 2003 program in a manner satisfactory to the GRANTEE and
consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the CDBG Program: CHIP. Under this
program, the SUBRECIPIENT agrees to provide these services for:
Persons Assisted
Total Unduplicated Persons 203
Total Unduplicated Low to Moderate Income Persons 203
1.2. Level of Accomplishments
In addition to normal administrative services required as part of this Agreement, the
SUBRECIPIENT agrees to provide the households/persons the following program services:
b
a
EXHIBIT
nAi,
1
Activity
# of Weeks
Times #
Unduplicated
Persons
Equals Units of Service
CHIP/Medicaid Enrollment
50
203
10,150
1.3. Staffing
To undertake the activities described above and accomplish the levels of service
described above, the SUBRECIPIENT will allocate staff time in support of the program funded
under this Agreement as follows:
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Outreach Worker
T • !.
10
50
=
500
imetrame: October 1, 2003 through September 30, 2004
1.4. Performance Monitoring
The GRANTEE will monitor the performance of the SUBRECIPIENT against the goals
and performance standards required herein. Substandard performance as determined by the
GRANTEE will constitute non-compliance with this Agreement. If action to correct such
substandard performance is not taken by the SUBRECIPIENT within thirty (30) days after being
notified by the GRANTEE, contract suspension or termination procedures will be initiated in
accordance with Section VI of this Agreement.
SECTION II:
TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 1st day of October, 2003 and end on
the 30th day of September, 2004. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the SUBRECIPIENT remains in
control of CDBG funds or other assets including program income.
SECTION III:
PAYMENT
It is expressly agreed the total amount to be paid by the GRANTEE under this contract
shall not exceed $7500.00. Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in Exhibit "C", attached hereto and incorporated herein
and in accordance with performance. Expenses for general administration shall also be paid
against the line item budgets specified in Exhibit "C" and in accordance with performance.
Payments will be contingent upon certification of the SUBRECIPIENT'S financial
management system in accordance with the standards specified in Attachment A - OMB Circular
A-110, Attachment F to this Agreement.
2
SECTION IV:
NOTICES
Notices made pursuant to this Agreement shall be directed to the following
representatives:
GRANTEE:
SUBRECIPIENT:
Mona Ryan,
Community Development Coordinator
Williamson County & Cities Health Dist.
Sharon Hinderer
City of Round Rock
Director of Social Services
301 West Bagdad, Suite 140
211 Commerce Cove, Ste 114
Round Rock, Texas 78664
Round Rock, TX 78664
SECTION V:
SPECIAL CONDITIONS
The SUBRECIPIENT shall agree to comply with the requirements of Title 24 Code of
Federal Regulations, Part 570 of the Housing and Urban Development (HUD) regulations
concerning Community Development Block Grants (CDBG) and all federal regulations and
policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize
funds available under this Agreement to supplement rather than supplant funds otherwise
available.
SECTION VI:
GENERAL CONDITIONS
6.1. General Compliance
The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws
and regulations governing the funds provided under this Agreement.
6.2. Independent Contract
It is understood and agreed that SUBRECIPEINT is an independent contractor and shall
not be considered an employee of the GRANTEE. SUBPRICIPIENT shall not be within
protection or coverage of the GRANTEE'S Workers' Compensation insurance, Health
Insurance, Liability Insurance or any other Insurance that the GRANTEE from time to time may
have in force and effect.
6.3. Hold Harmless
The SUBRECIPIENT shall indemnify, save harmless and exempt the GRANTEE, its
officers, agents, servants, and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses , attorney fees and any and all other costs
or fees incident to any work done as result of this Agreement and arising out of a willful or
negligent act or omission of the SUBRECIPIENT, its officers, agents, servants, and employees ;
3
provided, however, that the SUBRECIPIENT shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful
or negligent act or omission of the GRANTEE, its officers, agents, servants and employees, or third
parties.
6.4. Amendments
The term and conditions of this Agreement, including the attachments listed below,
constitute the entire agreement between the parties and superseded all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof.
No modification or amendment of this Agreement will be binding on either party unless
acknowledged in written by their duly authorized representatives.
Attachments:
a. Exhibit A — Client Data Form
b. Exhibit B — Beneficiary Report Form
c. Exhibit C — Project Budget
d. Appendix A — OMB Circular A-110
e. Appendix B — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
f. Appendix C — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration
g. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Other Program
Requirements
6.5. Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least 30 days before
the effective date of such termination. Partial terminations of the Scope of Service in Paragraph
1.1. above may only be undertaken with the prior approval of the GRANTEE. In the event of
any termination for convenience, all finished or unfinished documents, data, reports or other
materials prepared by SUBRECIPIENT under this Agreement shall, at the option of the
GRANTEE, become property of the GRANTEE.
The GRANTEE may also suspend or terminate this Agreement, in whole or in part, if the
SUBRECIPIENT materially fails to comply with any term of this Agreement, or with any of the
rules, regulations, or provisions referred to herein; and the GRANTEE may declare the
SUBRECIPIENT ineligible for any further participation in GREANTEE contracts, in addition to
other remedies as provided by law. Should the SUBRICIPIENT fail to cure or correct such
defects or failures identified by the GRANTEE within the 15 days after notification of
deficiencies, and such breach of contract relate to a violation of federal law or regulations which
results in a demand for reimbursement from the Department of Housing and Urban Development
(HUD) or its successor, the GRANTEE may seek reimbursement of all funds from the
GRANTEE to the SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall not be relieved of the liability to the GRANTEE for damages
sustained by the GRANTEE by virtue of any breach of this Agreement by SUBRECIPIENT and
4
the GRANTEE may withhold any payments to the SUBRECIPIENT for the purpose as set out
and until such time as the exact amount of damages due the GRANTEE from the
SUBRECIPIENT is determined. Should the GRANTEE become aware of any activity by the
SUBRECIPIENT which would jeopardize the GRANTEE'S position with HUD which would
cause a payback of CDBG funds or other GRANTEE federal funds then the GRANTEE may
take appropriate action including injunctive relief against SUBRECIPIENT to prevent the
transaction as aforesaid. The failure of the GRANTEE to exercise this right shall in no way
constitute a waiver by the GRANTEE to demand payment or seek any other relief in law or in
equity to which it may be justly entitled.
6.6. Reversion of Assets
Pursuant to 24 CFR 570.503, SUBRECIPIENT agrees that should it discontinue the services as
provided for herein, then all unexpended CDBG funds shall be returned within ten (10) days to
the GRANTEE. The funds remaining will be appropriated to eligible CDBG activities in
keeping with the GRANTEE'S budgetary process.
SECTION VII:
ADMINISTRATIVE REQUIREMENTS
7.1. Records and Reports
A. Recordkeeping
The SUBRECIPIENT shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this
Agreement. Such records shall include, but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program under 24 CFR Part 570.208;
3. Records required to determine the eligibility of activities under 24 CFR
Part 570.201 - 570.206;
4. Financial records as required by 24 CFR Part 570.502, and OMB Circular
A-110; and
5. Other records necessary to document compliance with Subpart K of 24
CFR 570.
B. Retention
The SUBRECIPIENT shall retain all records pertinent to expenditures under this
Agreement for a period of four (4) years after the termination of all activities funded under this
Agreement, or after the resolution of all Federal audit findings, which ever occurs later.
5
C. Client Data
The SUBRECIPIENT shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name, address and annual
household income level as shown in Exhibit "A", attached hereto and incorporated herein. Any
other basis for determining eligibility must be approved by the GRANTEE in advance in writing,
and description of services provided. Such information shall be made available to GRANTEE
monitors or their designees upon request.
D. Progress Reports
The SUBRECIPIENT shall submit regular Quarterly Progress Reports to the GRANTEE
in the form, content, and frequency as required by the GRANTEE. These shall include but not
be limited to summary of expenditures, list of beneficiaries and a brief narrative of
accomplishments. Beneficiary reports should be submitted on Exhibit "B", attached hereto and
incorporated herein unless an alternative report is approved by GRANTEE in advance in writing.
E. Disclosure
The SUBRECIPIENT understands that client information collected under this contract is
private and the use or disclosure of such information, when not directly connected with the
administration of the GRANTEE'S or the SUBRECIPIENT'S responsibilities with respect to
services provided under this contract is prohibited by the U.S. Privacy Act of 1974 unless written
consent is obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
F. Property Records
The SUBRECIPIENT shall maintain real property inventory records, which clearly
identifies any properties purchased, improved or sold using funds provided under this
Agreement. Property retained shall continue to meet eligibility criteria and shall conform to the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
G. Close -Outs
SUBRECIPIENT obligation to the GRANTEE shall not end until all closeout
requirements are completed. Activities during this close-out period shall include, but are not
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the GRANTEE, and determining custodianship of records).
H. Audits & Inspections
All SUBRECIPIENT records with respect to any matters covered by this Agreement shall
be made available to the GRANTEE, grantor agency, their designees or the Federal Government.
At any time during normal business hours, as often as the GRANTEE or grantor agency deems
6
necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within thirty
(30) days after receipt by the SUBRECIPIENT. Failure by the SUBRECIPIENT to comply with
the above audit requirements will constitute a violation of this contract and may result in the
withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency
audit conducted in accordance with current city policy concerning SUBRECIPIENT audits.
7.2. Financial Management
A. Budgets
A detailed contract budget is attached hereto and incorporated herein as Exhibit "C". The
GRANTEE and the SUBRECIPIENT may agree to revise the budget from time to time in
accordance with existing city policies.
B. Program Income
The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR
570.504 generated by activities carried out with CDBG funds made available under this contract.
The use of program income by the SUBRECIPIENT shall comply with requirements set forth in
24 CFR 570.504. By way of further limitations, the SUBRECIPIENT may use such income
during the contract period for activities permitted under this contract and shall reduce requests
for additional funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the GRANTEE at the end of the contract period. Any
interest earned on cash advances from the U.S. Treasury is not program income and shall be
remitted promptly to the GRANTEE. Reporting of any such program income shall, at minimum,
be included in quarterly reports under Section VI of this Agreement. Information on program
income provided in these reports will include, but not be limited to, summaries of program
income generated; a summary of expenditures of these funds; and a description of the use of
program income sufficient for determining eligibility of these expenses under CDBG guidelines.
C. Indirect Costs
If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate GRANTEE'S share of administrative costs and shall submit
such plan to the GRANTEE for approval.
D. Payment Procedures
The GRANTEE will pay to the SUBRECIPIENT funds available under this contract
based on information submitted by the SUBRECIPIENT and consistent with an approved budget
and city policies concerning payments. With the exception of certain advances, payments will be
made for eligible expenses actually incurred by the SUBRECIPIENT, and not to exceed actual
cash requirements. Payments will be adjusted by the GRANTEE in accordance with advance
fund and program income balances available under this contract for costs incurred by the
GRANTEE on the behalf of the SUBRECIPIENT.
7
7.3. Procurement
A. Compliance
All program assets (unexpended advanced funds) shall revert to the GRANTEE upon
termination of this Agreement. The only authorized expenditures of funds shall be travel
vouchers or prepaid bus tickets as described herein.
B. OMB Standards
The SUBRECIPIENT shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
Attachment N, Property Management Standards, covering utilization and disposal of property.
These requirements are referenced in 24 CFR Part 84, titled "Common Rule".
C. Travel
The SUBRECIPIENT shall obtain written approval from the GRANTEE for any travel outside
the metropolitan area with funds provided under this contract. The GRANTEE shall determine
that such travel is necessary and reasonable according to applicable standards outlined in OMB
Circular A87.
SECTION VIII:
PERSONNEL & PARTICIPANT CONDITIONS
8.1. Civil Rights
A. Compliance
The SUBRECIPIENT agrees to comply with (city and state civil rights ordinance
referenced here) and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11246 as amended by Executive Orders 11375 and 12086.
B. Nondiscrimination
The SUBRECIPIENT will not cause any person to be excluded from participation in,
denied the benefits of, or subjected to discrimination under any of the program's activities
receiving assistance under this Agreement based on the grounds of race, color, religion, sex,
ancestry, national origin or handicap. In order to allow the GRANTEE to monitor non-
discrimination, the SUBRECIPIENT will at minimum maintain records regarding the race of
persons or households assisted under this contract and whether households assisted have a
female head of household.
8
The SUBRECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, or other handicap,
age, marital status, or status with regard to public assistance. The SUBRECIPIENT will take
affirmative action to insure 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. The SUBRECIPIENT
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting agency setting forth the provisions of this
nondiscrimination clause.
C. Compliance with Federal Regulations
The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706) or applicable
updates which prohibits discrimination against the handicapped in any federally assisted
program. The GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this contract.
8.2. Conduct
A. Assignability
The SUBRECIPIENT shall not assign or transfer any interest in this Agreement without
the prior written consent of the GRANTEE.
B. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this
contract, shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V United States Code.
C. Conflict of Interest
The SUBRECIPIENT understands and agrees to abide by the provisions of 24 CFR
570.611 with respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required under this Agreement. These
conflict of interest provisions apply to any person who is an employee, agent, consultant, officer,
or elected official of the GRANTEE, or of any designated public agencies or SUBRECIPIENT
which are receiving funds under the CDBG Entitlement program.
D. Subcontracts
1. Approvals
9
The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual
in the performance of this contract without written consent of the GRANTEE prior to the
execution of such Agreement.
2. Monitoring of Subcontractors
The 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 evidence of follow-up actions taken to correct areas of noncompliance.
3. Content
The SUBRECIPIENT shall cause all of the provisions of this contract in its entirety to be
included in and made a part of any subcontract executed in the performance of this Agreement.
4. Selection Process
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition basis. Executed
copies of all subcontracts shall be forwarded to GRANTEE along with documentation
concerning the selection process.
E. Religious Organization
The SUBRECIPIENT agrees that funds provided under this contract 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. Pending Litigation
The SUBRECIPIENT agrees to inform GRANTEE about any litigation the
SUBRECIPIENT is or becomes in involved in.
G. Background Checks
The SUBRECIPIENT agrees to conduct a criminal background check on all employees
working directly with youth.
10
IN WITNESS WHEREOF, this Agreement is executed on this day of
, 2003.
GRANTEE SUBRECIPIENT
Nyle Maxwell By:
Mayor Title:
ATTEST: ATTEST:
Christine Martinez, Board Chairperson
City Secretary
11
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Exhibit C
Project Budget
Itemize program expenditures below. Only expenditures listed will be reimbursed
unless budget is amended with prior approval. Budgeted items cannot exceed
CDBG program allocation.
Description
Budget Amount
Salary (1/4 FTE)
$7,500.00
Total:
$7,500.00
14
DATE: November 7, 2003
SUBJECT: City Council Meeting - November 13, 2003
ITEM: *11.G.11. Consider a resolution authorizing the Mayor to execute a
Community Development Block Grant Program Agreement
with the Williamson County and Cities Health District for the
CHIP/Medicaid Program for $7,500.00.
Resource: Joe Vining, Planning Director
Mona Ryan, Community Development Coordinator
History:
The CHIP/Medicaid Outreach program developed five years ago and
primarily been funded through private sources provides low cost health
insurance for children. The Health District faced a 50% cut in staff for
this program due to the planned decline in principal funding resources.
There are approximately 9600 children in the Round Rock ETJ without
health insurance. Staff is needed for program enrollment of nearly
10,000 children.
Funding:
Cost: $7,500
Source of Funds: Community Development Block Grant
Outside Resources: US Department of Housing and Urban Development
Benefit: This funding will provide one-quarter of the salary of one full time
employee who will focus on supported enrollment of children in the
CHIP/Medicaid Round Rock program.
Public Comment: All requirements for public input were met through the four
hearings held for community needs.
Sponsor: Planning and Community Development Department
Executed
Document
Follows
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -03 -MC -48-0514)
ith
THIS AGREEMENT, entered into this Jj day of NO V • , 2003 by and between the
City of Round Rock, a Texas home -rule municipality (herein called the "GRANTEE") and
Williamson County and Cities Health District (herein called the "SUBRECIPIENT").
WHEREAS, the GRANTEE 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; and
WHEREAS, the GRANTEE wishes to engage the SUBRECIPIENT to assist the
GRANTEE in utilizing such funds;
NOW, THEREFORE, In consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
SECTION I:
SCOPE OF SERVICES
1.1. Activities and Beneficiaries
The SUBRECIPIENT will be responsible for administering a Community Development
Block Grant ("CDBG") Year 2003 program in a manner satisfactory to the GRANTEE and
consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the CDBG Program: CHIP. Under this
program, the SUBRECIPIENT agrees to provide these services for:
Persons Assisted
Total Unduplicated Persons 203
Total Unduplicated Low to Moderate Income Persons 203
1.2. Level of Accomplishments
In addition to normal administrative services required as part of this Agreement, the
SUBRECIPIENT agrees to provide the households/persons the following program services:
R -03-/N3-/1611
1
Activity
# of Weeks
Times #
Unduplicated
Persons
Equals Units of Service
CHIP/Medicaid Enrollment
50
203
10,150
1.3. Staffing
To undertake the activities described above and accomplish the levels of service
described above, the SUBRECIPIENT will allocate staff time in support of the program funded
under this Agreement as follows:
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Outreach Worker
T•
10
50
=
500
imeframe: October 1, 2003 through September 30, 2004
1.4. Performance Monitoring
The GRANTEE will monitor the performance of the SUBRECIPIENT against the goals
and performance standards required herein. Substandard performance as determined by the
GRANTEE will constitute non-compliance with this Agreement. If action to correct such
substandard performance is not taken by the SUBRECIPIENT within thirty (30) days after being
notified by the GRANTEE, contract suspension or termination procedures will be initiated in
accordance with Section VI of this Agreement.
SECTION II:
TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 1st day of October, 2003 and end on
the 30th day of September, 2004. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the SUBRECIPIENT remains in
control of CDBG funds or other assets including program income.
SECTION III:
PAYMENT
It is expressly agreed the total amount to be paid by the GRANTEE under this contract
shall not exceed $7500.00. Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in Exhibit "C", attached hereto and incorporated herein
and in accordance with performance. Expenses for general administration shall also be paid
against the line item budgets specified in Exhibit "C" and in accordance with performance.
Payments will be contingent upon certification of the SUBRECIPIENT'S financial
management system in accordance with the standards specified in Attachment A - OMB Circular
A-110, Attachment F to this Agreement.
2
SECTION IV:
NOTICES
Notices made pursuant to this Agreement shall be directed to the following
representatives:
GRANTEE:
SUBRECIPIENT:
Mona Ryan,
Community Development Coordinator
Williamson County & Cities Health Dist.
Sharon Hinderer
City of Round Rock
Director of Social Services
301 West Bagdad, Suite 140
211 Commerce Cove, Ste 114
Round Rock, Texas 78664
Round Rock, TX 78664
SECTION V:
SPECIAL CONDITIONS
The SUBRECIPIENT shall agree to comply with the requirements of Title 24 Code of
Federal Regulations, Part 570 of the Housing and Urban Development (HUD) regulations
concerning Community Development Block Grants (CDBG) and all federal regulations and
policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize
funds available under this Agreement to supplement rather than supplant funds otherwise
available.
SECTION VI:
GENERAL CONDITIONS
6.1. General Compliance
The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws
and regulations governing the funds provided under this Agreement.
6.2. Independent Contract
It is understood and agreed that SUBRECIPEINT is an independent contractor and shall
not be considered an employee of the GRANTEE. SUBPRICIPIENT shall not be within
protection or coverage of the GRANTEE'S Workers' Compensation insurance, Health
Insurance, Liability Insurance or any other Insurance that the GRANTEE from time to time may
have in force and effect.
6.3. Hold Harmless
The SUBRECIPIENT shall indemnify, save harmless and exempt the GRANTEE, its
officers, agents, servants, and employees from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses , attorney fees and any and all other costs
or fees incident to any work done as result of this Agreement and arising out of a willful or
negligent act or omission of the SUBRECIPIENT, its officers, agents, servants, and employees ;
3
provided, however, that the SUBRECIPIENT shall not be liable for any suits, actions, legal
proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful
or negligent act or omission of the GRANTEE, its officers, agents, servants and employees, or third
parties.
6.4. Amendments
The term and conditions of this Agreement, including the attachments listed below,
constitute the entire agreement between the parties and superseded all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof.
No modification or amendment of this Agreement will be binding on either party unless
acknowledged in written by their duly authorized representatives.
Attachments:
a. Exhibit A — Client Data Form
b. Exhibit B — Beneficiary Report Form
c. Exhibit C — Project Budget
d. Appendix A — OMB Circular A-110
e. Appendix B — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
f. Appendix C — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration
g. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Other Program
Requirements
6.5. Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least 30 days before
the effective date of such termination. Partial terminations of the Scope of Service in Paragraph
1.1. above may only be undertaken with the prior approval of the GRANTEE. In the event of
any termination for convenience, all finished or unfinished documents, data, reports or other
materials prepared by SUBRECIPIENT under this Agreement shall, at the option of the
GRANTEE, become property of the GRANTEE.
The GRANTEE may also suspend or terminate this Agreement, in whole or in part, if the
SUBRECIPIENT materially fails to comply with any term of this Agreement, or with any of the
rules, regulations, or provisions referred to herein; and the GRANTEE may declare the
SUBRECIPIENT ineligible for any further participation in GREANTEE contracts, in addition to
other remedies as provided by law. Should the SUBRICIPIENT fail to cure or correct such
defects or failures identified by the GRANTEE within the 15 days after notification of
deficiencies, and such breach of contract relate to a violation of federal law or regulations which
results in a demand for reimbursement from the Department of Housing and Urban Development
(HUD) or its successor, the GRANTEE may seek reimbursement of all funds from the
GRANTEE to the SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall not be relieved of the liability to the GRANTEE for damages
sustained by the GRANTEE by virtue of any breach of this Agreement by SUBRECIPIENT and
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the GRANTEE may withhold any payments to the SUBRECIPIENT for the purpose as set out
and until such time as the exact amount of damages due the GRANTEE from the
SUBRECIPIENT is determined. Should the GRANTEE become aware of any activity by the
SUBRECIPIENT which would jeopardize the GRANTEE'S position with HUD which would
cause a payback of CDBG funds or other GRANTEE federal funds then the GRANTEE may
take appropriate action including injunctive relief against SUBRECIPIENT to prevent the
transaction as aforesaid. The failure of the GRANTEE to exercise this right shall in no way
constitute a waiver by the GRANTEE to demand payment or seek any other relief in law or in
equity to which it may be justly entitled.
6.6. Reversion of Assets
Pursuant to 24 CFR 570.503, SUBRECIPIENT agrees that should it discontinue the services as
provided for herein, then all unexpended CDBG funds shall be returned within ten (10) days to
the GRANTEE. The funds remaining will be appropriated to eligible CDBG activities in
keeping with the GRANTEE'S budgetary process.
SECTION VII:
ADMINISTRATIVE REQUIREMENTS
7.1. Records and Reports
A. Recordkeeping
The SUBRECIPIENT shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this
Agreement. Such records shall include, but not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program under 24 CFR Part 570.208;
3. Records required to determine the eligibility of activities under 24 CFR
Part 570.201 - 570.206;
4. Financial records as required by 24 CFR Part 570.502, and OMB Circular
A-110; and
5. Other records necessary to document compliance with Subpart K of 24
CFR 570.
B. Retention
The SUBRECIPIENT shall retain all records pertinent to expenditures under this
Agreement for a period of four (4) years after the termination of all activities funded under this
Agreement, or after the resolution of all Federal audit findings, which ever occurs later.
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C. Client Data
The SUBRECIPIENT shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name, address and annual
household income level as shown in Exhibit "A", attached hereto and incorporated herein. Any
other basis for determining eligibility must be approved by the GRANTEE in advance in writing,
and description of services provided. Such information shall be made available to GRANTEE
monitors or their designees upon request.
D. Progress Reports
The SUBRECIPIENT shall submit regular Quarterly Progress Reports to the GRANTEE
in the form, content, and frequency as required by the GRANTEE. These shall include but not
be limited to summary of expenditures, list of beneficiaries and a brief narrative of
accomplishments. Beneficiary reports should be submitted on Exhibit "B", attached hereto and
incorporated herein unless an alternative report is approved by GRANTEE in advance in writing.
E. Disclosure
The SUBRECIPIENT understands that client information collected under this contract is
private and the use or disclosure of such information, when not directly connected with the
administration of the GRANTEE'S or the SUBRECIPIENT'S responsibilities with respect to
services provided under this contract is prohibited by the U.S. Privacy Act of 1974 unless written
consent is obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
F. Property Records
The SUBRECIPIENT shall maintain real property inventory records, which clearly
identifies any properties purchased, improved or sold using funds provided under this
Agreement. Property retained shall continue to meet eligibility criteria and shall conform to the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8).
G. Close -Outs
SUBRECIPIENT obligation to the GRANTEE shall not end until all closeout
requirements are completed. Activities during this close-out period shall include, but are not
limited to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the GRANTEE, and determining custodianship of records).
H. Audits & Inspections
All SUBRECIPIENT records with respect to any matters covered by this Agreement shall
be made available to the GRANTEE, grantor agency, their designees or the Federal Government.
At any time during normal business hours, as often as the GRANTEE or grantor agency deems
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necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within thirty
(30) days after receipt by the SUBRECIPIENT. Failure by the SUBRECIPIENT to comply with
the above audit requirements will constitute a violation of this contract and may result in the
withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency
audit conducted in accordance with current city policy concerning SUBRECIPIENT audits.
7.2. Financial Management
A. Budgets
A detailed contract budget is attached hereto and incorporated herein as Exhibit "C". The
GRANTEE and the SUBRECIPIENT may agree to revise the budget from time to time in
accordance with existing city policies.
B. Program Income
The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR
570.504 generated by activities carried out with CDBG funds made available under this contract.
The use of program income by the SUBRECIPIENT shall comply with requirements set forth in
24 CFR 570.504. By way of further limitations, the SUBRECIPIENT may use such income
during the contract period for activities permitted under this contract and shall reduce requests
for additional funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the GRANTEE at the end of the contract period. Any
interest earned on cash advances from the U.S. Treasury is not program income and shall be
remitted promptly to the GRANTEE. Reporting of any such program income shall, at minimum,
be included in quarterly reports under Section VI of this Agreement. Information on program
income provided in these reports will include, but not be limited to, summaries of program
income generated; a summary of expenditures of these funds; and a description of the use of
program income sufficient for determining eligibility of these expenses under CDBG guidelines.
C. Indirect Costs
If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate GRANTEE'S share of administrative costs and shall submit
such plan to the GRANTEE for approval.
D. Payment Procedures
The GRANTEE will pay to the SUBRECIPIENT funds available under this contract
based on information submitted by the SUBRECIPIENT and consistent with an approved budget
and city policies concerning payments. With the exception of certain advances, payments will be
made for eligible expenses actually incurred by the SUBRECIPIENT, and not to exceed actual
cash requirements. Payments will be adjusted by the GRANTEE in accordance with advance
fund and program income balances available under this contract for costs incurred by the
GRANTEE on the behalf of the SUBRECIPIENT.
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7.3. Procurement
A. Compliance
All program assets (unexpended advanced funds) shall revert to the GRANTEE upon
termination of this Agreement. The only authorized expenditures of funds shall be travel
vouchers or prepaid bus tickets as described herein.
B. OMB Standards
The SUBRECIPIENT shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
Attachment N, Property Management Standards, covering utilization and disposal of property.
These requirements are referenced in 24 CFR Part 84, titled "Common Rule".
C. Travel
The SUBRECIPIENT shall obtain written approval from the GRANTEE for any travel outside
the metropolitan area with funds provided under this contract. The GRANTEE shall determine
that such travel is necessary and reasonable according to applicable standards outlined in OMB
Circular A87.
SECTION VIII:
PERSONNEL & PARTICIPANT CONDITIONS
8.1. Civil Rights
A. Compliance
The SUBRECIPIENT agrees to comply with (city and state civil rights ordinance
referenced here) and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11246 as amended by Executive Orders 11375 and 12086.
B. Nondiscrimination
The SUBRECIPIENT will not cause any person to be excluded from participation in,
denied the benefits of, or subjected to discrimination under any of the program's activities
receiving assistance under this Agreement based on the grounds of race, color, religion, sex,
ancestry, national origin or handicap. In order to allow the GRANTEE to monitor non-
discrimination, the SUBRECIPIENT will at minimum maintain records regarding the race of
persons or households assisted under this contract and whether households assisted have a
female head of household.
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The SUBRECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, or other handicap,
age, marital status, or status with regard to public assistance. The SUBRECIPIENT will take
affirmative action to insure 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. The SUBRECIPIENT
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting agency setting forth the provisions of this
nondiscrimination clause.
C. Compliance with Federal Regulations
The SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706) or applicable
updates which prohibits discrimination against the handicapped in any federally assisted
program. The GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this contract.
8.2. Conduct
A. Assignability
The SUBRECIPIENT shall not assign or transfer any interest in this Agreement without
the prior written consent of the GRANTEE.
B. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this
contract, shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V United States Code.
C. Conflict of Interest
The SUBRECIPIENT understands and agrees to abide by the provisions of 24 CFR
570.611 with respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required under this Agreement. These
conflict of interest provisions apply to any person who is an employee, agent, consultant, officer,
or elected official of the GRANTEE, or of any designated public agencies or SUBRECIPIENT
which are receiving funds under the CDBG Entitlement program.
D. Subcontracts
1. Approvals
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The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual
in the performance of this contract without written consent of the GRANTEE prior to the
execution of such Agreement.
2. Monitoring of Subcontractors
The 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 evidence of follow-up actions taken to correct areas of noncompliance.
3. Content
The SUBRECIPIENT shall cause all of the provisions of this contract in its entirety to be
included in and made a part of any subcontract executed in the performance of this Agreement.
4. Selection Process
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition basis. Executed
copies of all subcontracts shall be forwarded to GRANTEE along with documentation
concerning the selection process.
E. Religious Organization
The SUBRECIPIENT agrees that funds provided under this contract 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. Pending Litigation
The SUBRECIPIENT agrees to inform GRANTEE about any litigation the
SUBRECIPIENT is or becomes in involved in.
G. Background Checks
The SUBRECIPIENT agrees to conduct a criminal background check on all employees
working directly with youth.
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W TNESS WHEREOF, this Agreement is executed on this
2003.
SUBRECIPIENT
By:
Ith
� - day of
Title: ,r e
TEST:
d Cjairperson
7
Christine Martinez,
City Secretary
Exhibit A
Client Data
12
Exhibit B
Beneficiary Data
13
Exhibit C
Project Budget
Itemize program expenditures below. Only expenditures listed will be reimbursed
unless budget is amended with prior approval. Budgeted items cannot exceed
CDBG program allocation.
Description
Salary (1/4 FTE)
Budget Amount
$7,500.00
Total:
14
$7,500.00