R-09-09-10-10B1 - 9/10/2009RESOLUTION NO. R -09-09-10-10B 1
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 Habitat for
Humanity of Williamson County ("Habitat for Humanity") to assist the
City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community
Development Block Grant Agreement with Habitat for Humanity for
acquisition of real property, 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 Habitat for Humanity for acquisition of real property, 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 10th day of September, 2009.
ATTEST:
91mitit, IkbAitt
SARA L. WHITE, City Secretary
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -08 -MC -48-0514)
THIS AGREEMENT, entered into this day of , 2009 by and between the
City of Round Rock, a Texas home -rule municipality (herein called the "CITY") and HABITAT
FOR HUMANITY OF WILLIAMSON COUNTY, a Texas non-profit corporation (herein called
"HABITAT").
WHEREAS, the CITY 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
funds;
WHEREAS, the CITY wishes to engage HABITAT to assist the CITY in utilizing such
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
HABITAT will be responsible for administering a Community Development Block
Grant ("CDBG") Year 2009 program known as the Land Acquisition program in a manner
satisfactory to the CITY 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:
Program Delivery
Activity 1: Acquisition of at least three (3) parcels of real property for the
construction of affordable housing for low to moderate income
families and the clearance of such real property.
General Administration
The project will be administered by the Executive Director.
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EXHIBIT
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1.2 National Objectives
HABITAT certifies that the activities carried out under this Agreement shall meet the
national objective to benefit low and moderate income persons by acquiring real property for the
purpose of developing affordable housing for low and moderate income families.
1.3. Levels of Accomplislunent — Goals and Perfor nance Measures
HABITAT agrees to acquire at least three (3) parcels of real property for the development
of affordable housing for low and moderate income families by December 31, 2009. HABITAT
shall not expend more than $150,000 for the acquisition of such real property, including costs for
administrative, professional and other service necessary to acquire such real property.
HABITAT shall administer its program in conformance with OMB Circulars 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.
1.4. Performance Monitoring
The CITY will monitor the performance of HABITAT against the goals and performance
standards required herein. Substandard performance as determined by the CITY will constitute
noncompliance With this Agreement. If action to correct such substandard performance is not
taken by HABITAT within thirty (30) days after being notified by the CITY, contract suspension
or termination procedures will be initiated in accordance with Section VII of this Agreement.
SECTION II:
TIME OF PERFORMANCE
Services of HABITAT shall start on the date that this Agreement is duly executed and
end on the 31st day of December 2009. The term of this Agreement and the provisions herein
shall be extended to cover any additional time period during which HABITAT remains in control
of CDBG funds or other assets including progratn income.
SECTION III:
BUDGET
Line Item Amount
Acquisition of real property $150,000.00
Any indirect costs charged must be consistent with the conditions of Paragraph 8.1(B) of
this Agreement. In addition, CITY may require a more detailed budget breakdown than the one
contained herein, and HABITAT shall provide such supplementary budget information in a
timely fashion in the form and content prescribed by CITY.
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SECTION IV:
PAYMENT
It is expressly agreed the total amount to be paid by the CITY under this Agreement shall
not exceed $150,000.00. Drawdowns for the payment of eligible expenses shall be made against
the line item budgets provided above and incorporated herein and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets
provided above and in accordance with performance.
Payments will be contingent upon certification of HABITAT's financial management
system in accordance with the standards specified in OMB Circular A-122. Prior to receiving
payment pursuant to this Agreement, HABITAT shall submit a request for funds identifying the
parcel or parcels of real property that it desires to acquire under this Agreement. Such request
shall identify the real property, certify that the acquisition of such property accomplishes the
national objective of developing affordable housing for low and moderate income families, and
provide such information that the CITY may require to determine the amount necessary to
acquire the real property and that the acquisition of such real property shall meet the national
objective of developing affordable housing for low and moderate income families.
SECTION V:
NOTICES
Notices required by this Agreement shall be in writing and delivered via nail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
Notices made pursuant to this Agreement shall be directed to the following
representatives:
CITY:
HABITAT:
Elizabeth Alvarado,
Community Development Assistant
Debbie Hoffman
Executive Director
City of Round Rock
Habitat for Humanity of Williamson
County
301 West Bagdad, Suite 140
P.O. Box 737
Round Rock, Texas 78664
Georgetown TX 78627
Telephone: 512-218-5416
Telephone: 512-863-4344
Fax: 512-341-3152
Fax: 512-864-3147
e-mail: lalvarado@round-rock.tx.us
e-mail: debbieh@williamsonhabitat.org
williamsonhabitat.org
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SECTION VI:
SPECIAL CONDITIONS
6.1. Legal Fees
If all funds budgeted by CITY for legal fees and related costs associated with CDBG
activities for the current fiscal year are expended prior to the execution of this agreement, or
during the term of this agreement, HABITAT agrees to reimburse CITY for all of CITY's legal
fees related to this community development block grant agreement incurred by CITY after all of
such funds are expended, including but not limited to, attorneys fees, recording costs and other
costs incurred by CITY for legal services. HABITAT shall reimburse CITY for legal fees under
this section within ten (10) days of a request for reimbursement by CITY, provided however that
CITY shall not request reimbursement under this section more than once per CITY fiscal quarter.
6.2 Determination of Appropriateness
Prior to entering into any contract for the purchase of real property under this agreement,
HABITAT shall obtain a determination from the CITY that the proposed location and use of
such real property is appropriate and complies with the ordinances and development plans
adopted by the CITY. HABITAT shall apply to the CITY's Planning Director or his designee
for the determination under this subsection.
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
HABITAT agrees to comply with all applicable federal, state and local laws, regulations
and policies governing the funds provided under this Agreement, including but not limited TO
those laws and regulations described in 24 CFR 570 CDBG Regulations Subpart K, provided
however that HABITAT, does not assume the CITY's environmental responsibilities, if any,
described at 24 CFR § 570.604, and does not assume the CITY's responsibility, if any, for
initiating the review process under the provisions of 24 CFR part 52. HABITAT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
7.2. Independent Contractor
It is understood and agreed that HABITAT is an independent contractor and shall not be
considered an employee of the CITY. HABITAT shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement. The CITY shall be
exempt from payment of all unemployment compensation, FICA and retirement benefits, as
HABITAT is an independent contractor. HABITAT shall not be within protection or coverage
of the CITY's Workers' Compensation insurance, Health Insurance, Liability Insurance or any
other Insurance that the CITY from time to time may have in force and effect.
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7.3. Hold Harmless
HABITAT shall indemnify, save harmless and exempt the CITY, 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
action done as result of this Agreement and arising out of a willful or negligent act or omission of
HABITAT, its officers, agents, servants, volunteers and employees; provided, however, that
HABITAT 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 CITY,
its officers, agents, servants and employees, or third parties.
7.4. Worker's Compensation
HABITAT shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
7.5. Insurance and Bonding
HABITAT shall carry sufficient insurance coverage to protect contract assets from loss due
to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the CITY.
7.6. Amendments
The terns and conditions of this Agreement, including the attachments listed below,
constitute the entire agreement between the parties and supersedes all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof.
No modification or amendment to this Agreement will be binding on either party unless
acknowledged in writing by their duly authorized representatives.
7.7. 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 thirty (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 CITY. The award
made pursuant to this agreement may be terminated for convenience in accordance with 24 CFR
85.44 by either CITY or HABITAT by setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion to be terminated. However, if in
the case of a partial termination, CITY determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, CITY may terminate the award in its
entirety. In the event of any termination for convenience, all finished or unfinished documents,
data, reports or other materials prepared by HABITAT under this Agreement shall, at the option
of the CITY, become property of the CITY.
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In accordance with 24 CFR § 85.43, the CITY may also suspend or terminate this
Agreement, in whole or in part, if HABITAT materially fails to comply with any term of this
Agreement, which include, but are not 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;
B. Failure, for any reason, of HABITAT to fulfill in a timely and proper manner its
obligations under this Agreement;
C.
D.
Ineffective or improper use of funds provided under this Agreement; or
Submission by HABITAT to the CITY reports that are incorrect or incomplete in
any material respect.
The CITY may declare HABITAT ineligible for any further participation in CITY
contracts, in addition to other remedies as provided by law. Should HABITAT fail to cure or
correct such defects or failures identified by the CITY within the fifteen (15) days after
notification of deficiencies, and such breach of contract relates 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 CITY niay seek reimbursement of all funds
from the CITY to HABITAT under this Agreement.
HABITAT shall not be relieved of the liability to the CITY for damages sustained by the
CITY by virtue of any breach of this Agreement by HABITAT and the CITY may withhold any
payments to HABITAT for the purpose as set out and until such time as the exact amount of
damages due the CITY from the HABITAT is determined. Should the CITY become aware of
any activity by HABITAT which would jeopardize the CITY's position with HUD which would
cause a payback of CDBG funds or other CITY federal funds then the CITY may take
appropriate action including injunctive relief against HABITAT to prevent the transaction as
aforesaid. The failure of the CITY to exercise this right shall in no way constitute a waiver by
the CITY to demand payment or seek any other relief in law or in equity to which it may be
justly entitled.
7.8. Pending Litigation
HABITAT agrees to inform CITY about any litigation HABITAT is, or becomes,
involved in.
7.9. Background Checks
HABITAT agrees to conduct a criminal background check on all employees working
directly with youth.
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SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
HABITAT agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
B. Cost Principles
HABITAT shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
8.2. Documentation and Record Keeping
A. Record Keeping
HABITAT 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 are 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
HABITAT shall retain all financial records, supporting documents, statistical records
and all other records pertinent to this Agreement for a period of four (4) years after the
termination of all activities funded under this Agreement. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited and
that have started before the expiration of the four-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the four-year
period, which ever occurs later.
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C. Client Data
I-IABITAT 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 CITY in advance in writing, and
description of services provided. Such information shall be made available to CITY monitors or
their designees upon request.
D. Disclosure
HABITAT 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 CITY's or HABITAT'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.
E. Close -Outs
HABITAT's obligation to the CITY 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, but not limited to, the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the CITY, and determining custodianship of records. Not withstanding the
foregoing, the terms of this Agreement shall remain in effect during any period that HABITAT
has control over CDBG fiends, including program income.
F. Audits & Inspections
All HABITAT's records with respect to any matters covered by this Agreement shall be
made available to the CITY, grantor agency, their designees or the Federal Government, at any
time during normal business hours, as often as the CITY or grantor agency deems necessary, to
audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in
audit reports must be fully cleared by HABITAT within thirty (30) days after receipt by
HABITAT. Failure of HABITAT to comply with the above audit requirements will constitute a
violation of this contract and may result in the withholding of future payments. HABITAT
hereby agrees to have an annual agency audit conducted in accordance with current CITY policy
concerning HABITAT's audits and OMB Circular A-133.
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8.3. Reporting and Payment Procedures
A. Program Income
HABITAT shall report quarterly all program income, as defined at 24 CFR 570.500(a),
generated by activities carried out with CDBG funds made available under this contract. The use
of program income by HABITAT shall comply with requirements set forth in 24 CFR 570.504.
By way of further limitations, HABITAT niay 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 CITY 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 CITY.
Reporting of any such program income shall, at a minimum, be included in quarterly reports
under Section VIII 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.
B. Indirect Costs
If indirect costs are charged, HABITAT will develop an indirect cost allocation plan for
determining the appropriate HABITAT's share of administrative costs and shall submit such plan
to the CITY for approval.
C. Payment Procedures
The CITY will pay to HABITAT funds available under this Agreement based on
information submitted by HABITAT 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 HABITAT, and not to exceed actual cash requirements.
Payments will be adjusted by the CITY in accordance with advance fund and program income
balances available under this contract for costs incurred by the CITY on the behalf of HABITAT.
D. Progress Reports
HABITAT shall submit regular Quarterly Progress Reports to the CITY in the form,
content, and frequency as required by the CITY. 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 CITY in advance and in writing.
E. Budgets
The CITY and the HABITAT may agree to revise the budget, provided in Section III
above, from time to time in accordance with existing CITY policies. Any amendments to the
budget must be approved in writing by both the CITY and HABITAT.
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8.4. Procurement
A. Compliance
HABITAT 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). All program assets (unexpended advanced
funds) shall revert to the CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be for acquisition and clearance of real property for the construction
of affordable housing and related costs as described herein.
B. OMB Standards
HABITAT shall procure materials in accordance with the requirements of Attachment 0
of OMB Circular A-110, Procurement Standards, as amended, and shall subsequently follow
Attachment N, Property Management Standards, as amended, covering utilization and disposal
of property. These requirements are referenced in 24 CFR Part 84, titled "Common Rule".
C. Travel
HABITAT shall obtain written approval from the CITY for any travel outside the
metropolitan area with funds provided under this Agreement. The CITY shall determine that
such travel is necessary and reasonable according to applicable standards outlined in OMB
Circular A87,
8.5. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503 and 570.504,
as applicable, which include but are not limited to the following:
A. HABITAT agrees that should it discontinue the services as provided for herein, or
upon the expiration or termination of this Agreement, then HABITAT shall transfer to the CITY
all unexpended CDBG funds on hand at the time of discontinuance or expiration and any
accounts receivable attributable to the use of funds under this Agreement within ten (10) days
from the time of expiration or termination of this Agreement or the cancellation, or termination
of services. The funds remaining will be appropriated to eligible CDBG activities in keeping
with the CITY's budgetary process.
B. Real property under HABITAT's control that was 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 pursuant to 24 CFR 570.208 at least five (5) years after expiration of
this Agreement. If HABITAT fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, HABITAT shall pay the CITY an
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amount equal to the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the
property. Such payment shall constitute program income to the CITY. HABITAT may retain
real property acquired or improved under this Agreement after the expiration of the five-year
period.
C. 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). Equipment not
needed by HABITAT for activities under this Agreement shall be (a) transferred to the CITY for
the CDBG program or (b) retained after compensating the 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.
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. HABITAT agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(e) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and 9c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. HABITAT shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition
or conversion for a CDBG-assisted project. HABITAT also agrees to comply with applicable
CITY ordinances, resolutions and policies concerning the displacement of persons from their
residences.
SECTION X:
PERSONNEL & PARTICIPANT CONDITIONS
10.1. Civil Rights
A. Compliance
HABITAT agrees to comply with city and state civil rights acts and ordinances, 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, 11478, 12107 and 12086.
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B. Nondiscrimination
HABITAT 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 CITY to monitor non-discrimination,
HABITAT 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.
HABITAT 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. HABITAT will take affirmative action to
ensure 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. HABITAT 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.
HABITAT agrees to comply with the non-discrimination in employment and contracting
opportunities Iaws, regulation, 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
Housing and Community Development Act (42 U.S.C. 5301 et seq.).
C. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of
land acquired, cleared or improved with assistance provided under this Agreement, HABITAT
shall cause or require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the
use or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the CITY and the United States are beneficiaries of and entitled to enforce such
covenants. HABITAT, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself so
discriminate.
D. Compliance with Section 504
HABITAT 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 CITY
shall provide HABITAT with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
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10.2. Affirmative Action
A. Approved Plan
HABITAT agrees that it shall be committed to carry out pursuant to the CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
Presidents Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative
Action guidelines to HABITAT to assist in the formulation of such program. HABITAT shall
submit a plan for an Affirmative Action Program for approval prior to the award of funds.
B. Women- and Minority -Owned Businesses (W/MBE)
HABITAT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms "small
business' means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and
American Indians. HABITAT may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent investigation.
C. Access to Records
HABITAT shall furnish and cause each of its own subcontractors to furnish all
information and reports required hereunder and will permit access to its books, records and
accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
D. Notifications
HABITAT will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer, advising the labor union or worker's representative of
HABITAT's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
E. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
HABITAT will, in all solicitations or advertisements for employees placed by or on
behalf of HABITAT, state that it is an Equal Opportunity or Affirmative Action employer.
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F. Subcontract Provisions
HABITAT will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its own subcontractors.
10.3. Employment Restrictions
A. Prohibited Activity
HABITAT is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; inherently religious activities; lobbying;
political patronage; and nepotism activities.
B. Labor Standards
HABITAT agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and
Safety Standards Act as amended, the provisions of Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) 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.
HABITAT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and
its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. HABITAT shall
maintain documentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the CITY for review upon request.
HABITAT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts
in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part
with assistance provided under this Agreement, shall comply with Federal requirements adopted
by the CITY pertaining to such contracts 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 HABITAT of its obligation, if any, to require payment of the higher wage.
HABITAT shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirement of this paragraph.
C. "Section 3" Clause
1. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules
and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the
Federal financial assistance provided under this Agreement and binding upon the CITY,
14
HABITAT and any of HABITAT's subcontractors. Failure to fiilfill these requirements shall
subject the CITY, HABITAT and any of HABITAT's subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. HABITAT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
HABITAT further agrees to comply with these "Section 3" requirements and 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 that contracts 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."
HABITAT further agrees to ensure that opportunities for training and employment
arising 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 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 low -and very law -income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very Iow-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 pain hazards), housing construction, or other public construction project 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 that provide economic opportunities to low- and
very low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
HABITAT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
2. Notifications
HABITAT agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising said labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places to employees and
applicants for employment or training.
15
3. Subcontracts
HABITAT will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the grantor agency. HABITAT will not subcontract with any
entity where it has notice or knowledge that the latter has been found in violation of regulations
under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with
a preliminary statement of ability to comply with the requirements of these regulations.
10.4. Conduct
A. Assignability
HABITAT shall not assign or transfer any interest in this Agreement without the prior
written consent of the CITY.
B. Subcontracts
1. Approvals
HABITAT shall not enter into any subcontracts with any agency or individual in the
performance of this contract without written consent of the CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
HABITAT 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
HABITAT 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
HABITAT shall undertake to ensure that all subcontracts let in the performance of this
agreement shall be awarded on a fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY
along with documentation concerning the selection process.
16
C. Hatch Act
HABITAT agrees that no funds provided, nor personnel employed under this
Agreement, 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.
D. Conflict of Interest
HABITAT understands and agrees to abide by the provisions of 24 CFR 84.42 and
570.611, which include, but are not limited to the following:
1. HABITAT 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 contracts supported by Federal funds.
2. No employee, officer or agent of HABITAT 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. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBD-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whore they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to "covered persons" which shall include any
person who is an employee, agent, consultant, officer, or elected official of the CITY, HABITAT
or any designated public agencies which are receiving funds under the CDBG Entitlement
program.
E. Lobbying
HABITAT 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 contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
17
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph (4) of this certification be
included in the award documents for all subawards at all tiers including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements and that all subrecipients shall
certify and disclose accordingly:
4. Lobbying Certification
This certification is a material representation of a 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 unposed by section 1352, title 31, U.S.C.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
F. Copyright
If this Agreement results in any copyrightable material or inventions, the CITY and/or
grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials for
governmental purposes.
G. Religious Organization
HABITAT agrees that funds provided under this Agreement will not be utilized for
inherently religious activities, such as worship, religious instruction, or proselytization; to
promote religious interests; or for the benefit of a religious organization as specified in 24 CFR
570.200(j).
SECTION XI:
ENVIRONMENTAL CONDITIONS
11.1. Air and Water
HABITAT agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
A. Clean Air Act, 42 U.S.C., 7401, et seq.;
B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as
18
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder; and
C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50,
as amended.
11.2. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), HABITAT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (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.
11.3. Lead -Based Paint
HABITAT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations
at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. 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 lead level screening for children under seven. The
notice should also point out that if lead-based paint is found on the property, abatement measures
may be undertaken. The regulations further require that, depending on the amount of Federal
funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be
conducted.
11.4. Historic Preservation
HABITAT 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, Advisory Council on Historic Preservation Procedures for Protection
of Historic 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 old or older or that are
included on a Federal, state, or local historic property Iist.
SECTION XII:
SEVARABILITY
12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
19
SECTION XIII:
SECTION HEADINGS AND SUBHEADINGS
13.1. The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terns of this Agreement.
SECTION XIV:
WAIVER
14.1. The CITY's failure to act with respect to a breach by HABITAT does not waive its right
to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
IN WITNESS WHEREOF, this Agreement is executed as of the date first written above.
Ap.roved as to form:
!+ 1
Step': n L. Sheets, City Attorney
1,‘\".
1
CITY:
City of Round Rock
ALAN MCGRAW, Mayor
ATTEST:
SARAH WHITE
City Secretary
HABITAT:
Habitat for Humanity of Williamson
County
Name: D€.bbi e_rN
Title: Eix e t y -i V Q i r «}�j
20
Exhibit A
City of Round Rock
Community Development Block Grant Program
Self Declaration of Income Program Year 2008-09
This activity is funded with federal Community Development Block Grant (CDBG) funds and is designed to primarily benefit low to
moderate -income households (LMI).This requires that the Applicant meet and certify the amount of their annual household income in
order to participate in the program. Applicant should not provide his/her signature unless he/she has read and understands the income
information they are certifying under penalty of law. At the discretion of the program, Applicant may be required to provide
documentation to support the self -declaration of income.
Client Data:
Applicant: SSN#:
Address: City Zip
Program beneficiary, if different from Applicant. A separate form must be completed for each child in the same family who is
participating in a program.
Name: SSN#
Address: City Zip
Female Head of Household: ❑Yes ❑No ("Yes" if you are a single parent with children)
Ethnicity: HISPANIC or LATINO ❑ YES ❑ NO
RACE (check one):
❑
Annual Income $
White (W)
❑ Am Indian/Alaskan Native (At)
0 Asian & White (AVV)
• Other Multi -Racial
(0)
1 Black/African-Amer. (B)
❑ Native Hawaiian/Other Pacific Islander (HI)
0 Black African American & White (BW)
0 Asian
❑ Am. Indian/Alaskan Native & White (IAW)
-❑ Am Indian/Alaskan Native & BIk (IAB)
Family
Applicant Household Income Information
Estimate the annual income of the household by projecting the prevailing rate of income of each person at the Urine assistance is provided
for the individual, family, or household (as applicable). Estimated annual income shall include income from all sources of household
members as applicable. Income or asset enhancement derived from the CDBG-assisted activity shall not be considered in calculating
estimated annual income. LOCATE FAMILY SIZE AND THEN CIRCLE ANNUAL (Pape 1) OR MONTHLY (Page 2) AMOUNT THAT IS
CLOSEST TO FAMILY INCOME
21
Annual Income $
1
No. In
HUD's
HUD's
HUD's
Family
25%
30%
30%
35%
40%
45%
50%
55%
60%
65%
70% 75%
80%
80%
100%
1
12,450
14,940
14,950
17,430
19,920
22,410
24,900
27 390
29,880
32,370
34,860 137,350
39,840
39,850
49,800
2
34,140
36,985
14,225
17,070
17,100
19,915
22,760
25,605
28,450
31,295
39,830
42,875
45,520
45,500
56,900
3
16,000
19,200
19 200
22,400
25,600
28,800
32,000
35,200
38,400
41,600
44,800
48,000
51,200
51,200
64 000
4
17,775
21,330
21,350
24,885
28,440
31,995
35,550
39,105
42,680
46,215
49,770
53,325
56,880
56,900
71,100
5
19,200
23,040
23,050
26,880
30,720 j
34,580
38,400
42,240
46,080
49,920
53.780
57,600
61,440
61,450
76800
21
6' 20,625
24,750
24,750
28,875
33,000
37,125
41,250
45,375 1 49,500
53,625
57,750
61,875 1 66,000
66,000
82,500
7 22 050
26,460
26,450
30,870
35,280
39,690
44,100
48,510 I 52,920
57,330
61,740
66,150 I 70,560
70,550
88,200
8 1 23,475
28,170
28,200
32,865
37,560
42,255
46,950
51,645 1 56,340
61,035
85,730
70,425 1 75,120
75,100
93,900
Monthly Income $
No. In
Family
25%
30%
HUD's
30%
35% 40%
HUD's
45% 50%
55%
60%
65%
70%
75%
80%
HUD's
80%
100%
1,038
2 1,185
5
6
1,481
1,600
1,719
1,838
1,956
1,245
1,423
1,600
1,778
1,920
2,063
2,205
2,348
1,246
1,421
1,600
1,779
1,921
2,063
2,204
2,340
1,453
1,660
1,867
2,074
2,240
2,406
2,573
2,739
1,660
1,897
2,133
2,370
2,580
2,750
2,940
3,130
1,868 2,075
2,134 2,371
2,400 2 667
2,888
2 963
2,880 3�200
3,094 3,438
3,308 3,675
3,521 3,913
2,283 2,490 2,698
2,608 2,845 3,082
2 933 3,200 3,467
3 259 3 555 3 851
3,520 3,840 4,160
3,781 4,125 4,469
4,043 4,410 4,778
2,905 3,113
3,319 1 3,556
3,733 4,000
4,148 4,444
4,480 4,800
4,813 5,156
5,145 5,513
4,304 4,695 5,088 5,478 5,889
3,320
3,793
4,267
4,740
5,120
5,500
5,880
6,260
3,317 4,150
3,792
4,287
4,742
5,121
5,500
5,879
6,258
4 742
5,333
5,925
6,400
6,875
7,360
7,825
Number of persons living in household: Number of adults (18 yrs and older) living in household:_
Applicant Self Declaration Certification
Evidenced by the signature below, Applicant certifies his or her annual household income. Applicant certifies that the
information herein provided is true and accurate. Applicant further acknowledges that any inaccuracy and/or
misrepresentation provided herein may constitute fraud, which is punishable by law. Applicant certifies that all information
provided herein and any attachments hereto, are true and correct as of the date set forth opposite signature. Applicant
acknowledges that Title 18, Section 1001 of the U.S. Code states that any person that makes intentional or negligent
statements to any department of the United States Government is guilty of a felony that could result in but not be limited to
a fine, imprisonment, or both.
Applicant Signature Date
Program Use Only:
Program/Activity Name:
HUD Income guidelines used to certify client dated:
Based upon client information provided, client household: (check one)
a Does meet income qualifications
Does not meet income qualifications
Reviewer's Signature: Date:
23
Exhibit B
Client / Beneficiary Data
This report is prepared in digital format. The following exhibit is an example of the information required to
complete the client / beneficiary data.
24
Client./Beneficiary.Data
Unduplicated Clients
Agency:
Address: -- -- - _r_ _ Date:
contact: _. _._---- Plan/Prog:� ^--
Phone: Activity No.: -
2004-0$unduplicated Clients: ` 0
Estimated clients:
Race Categories: W White(not Hispanic origin)
13 Black(not Hispanic origin) WH While+Hispanic At Am Indian or Alaska Native
BH Black+Hispanic AS Asian or Pacific Islander
O Other multi-racial 8 NOT Hispanic OH Other multi wiat&Hispanic
FZ
, ar.
OTN15PAN1C;Rgoo-lra unGmdadcnokblack
bJoire: nlharAacMclSlarirlersome olheicle to ofri ra>lVah4e comDlrind4)4skurand:PoafDc7sldrtdorcotd
Name Dem ra Ics Famiy . Annual 200a,:.,
Last ,First Raco <>F HH S+zo Irit omo Address Gi Zr ' Oct Nov Dec :' Jan : :Fcb ., Mar q ra 20 5'Jun Jul Au - S t ,Aml Ex
0
— - �
--
- - _ 01
i i
_,77,
U
_901.
—
_ 0
77 0
01
a"
—
__ -
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0 _ of off__ ol—_ o -
PrOpram Your 2004-05
C'ty Of Round Rock
DATE: September 3, 2009
SUBJECT: City Council Meeting — September 10, 2009
ITEM: 1061. Consider a resolution authorizing the Mayor to execute a Community
Development Block Grant Agreement with Habitat for Humanity of Williamson
County.
Department: Planning and Community Development
Staff Person: Jim Stendebach, Planning and Community Development Director
Liz Alvarado, Community Development Assistant
Justification:
Once HUD funds are received, the Mayor is authorized to sign contract. This will eliminate the time
required to place this item on the Council agenda once HUD funds are released and the project will
proceed in a more timely manner. HUD is expected to issue the Authority to Use Grant Funds on or
about October 1, 2009.
Funding:
Cost: $150,000.00
Source of funds: CDBG
Outside Resources: N/A
Background Information:
The following requirements have been met: environmental reviews; publication of Notice to Public
concerning funding; posting of dates and times for all statutory and regulatory time periods for review.
The next step in the process will be the issuance of the Authority to Use Grant Funds document from
HUD. Contract may not be executed until this is received from HUD.
Public Comment:
The public comment period (15 days minimum) began on August 25, 2009 and ends on September 9,
2009.
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -08 -MC -48-0514)
THIS AGREEMENT, entered into this a day of Nov•-4tc, 20 0 q by and between the
City of Round Rock, a Texas home -rule municipality (herein called the "CITY") and HABITAT
FOR HUMANITY OF WILLIAMSON COUNTY, a Texas non-profit corporation (herein called
"HABITAT").
WHEREAS, the CITY 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 wishes to engage HABITAT to assist the CITY in utilizing such
funds; and
WHEREAS, the funds shall be used to snake housing more affordable to low to moderate
income families by acquiring the real property necessary for the development of such housing;
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
HABITAT will be responsible for administering a Community Development Block
Grant ("CDBG") Year 2009 program known as the Land Acquisition program in a manner
satisfactory to the CITY 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:
Program Delivery
Activity 1: Acquisition of at least three (3) parcels of real property for the
construction of affordable housing for low to moderate income
families and the clearance of such real property.
General Administration
The project will be administered by the Executive Director.
176914.doc/jmr
1
v-.. o°I_- D'.4o —1,o l
1.2 National Objectives
HABITAT certifies that the activities carried out under this Agreement shall meet the
national objective to benefit low and moderate income persons by acquiring real property for the
purpose of developing affordable housing for low and moderate income families.
1.3. Levels of Accomplishment — Goals and Performance Measures
HABITAT agrees to acquire at least three (3) parcels of real property for the development
of affordable housing for low and moderate income families by April 1, 2010. HABITAT shall
not expend more than $150,000 for the acquisition of such real property, including costs for
administrative, professional and other service necessary to acquire such real property.
HABITAT shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations" These principles shall be applied for alt costs incurred
whether charged on a direct or indirect basis.
1.4. Performance Monitoring
The CITY will monitor the performance of HABITAT against the goals and performance
standards required herein. Substandard performance as determined by the CITY will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by HABITAT within thirty (30) days after being notified by the CITY, contract suspension
or termination procedures will be initiated in accordance with Section VII of this Agreement.
SECTION II:
TIME OF PERFORMANCE
Services of HABITAT shall start on the date that this Agreement is duly executed and
end on April 1, 2010. The term of this Agreement and the provisions herein shall be extended to
cover any additional time period during which HABITAT remains in control of CDBG funds or
other assets including program income.
SECTION III:
BUDGET
Line Item Amount
Acquisition of real property $150,000.00
Any indirect costs charged must be consistent with the conditions of Paragraph 8.1(B) of
this Agreement. In addition, CITY may require a more detailed budget breakdown than the one
2
contained herein, and HABITAT shall provide such supplementary budget information in a
timely fashion in the form and content prescribed by CITY.
SECTION IV:
PAYMENT
It is expressly agreed the total amount to be paid by the CITY under this Agreement shall
not exceed $150,000.00. Drawdowns for the payment of eligible expenses shall be made against
the line item budgets provided above and incorporated herein and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets
provided above and in accordance with performance.
Payments will be contingent upon certification of HABITAT's financial management
system in accordance with the standards specified in OMB Circular A-122. Prior to receiving
payment pursuant to this Agreement, HABITAT shall submit a request for fiends identifying the
parcel or parcels of real property that it desires to acquire under this Agreement. Such request
shall identify the real property, certify that the acquisition of such property accomplishes the
national objective of developing affordable housing for low and moderate income families, and
provide such information that the CITY may require to determine the amount necessary to
acquire the real property and that the acquisition of such real property shall meet the national
objective of developing affordable housing for low and moderate income families.
SECTION V:
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
Notices made pursuant to this Agreement shall be directed to the following
representatives:
CITY:
HABITAT:
Elizabeth Alvarado,
Community Development Assistant
Debbie Hoffman
Executive Director
City of Round Rock
Habitat for Humanity of Williamson
County
301 West Bagdad, Suite 140
P.O. Box 737
Round Rock, Texas 78664
Georgetown TX 78627
Telephone: 512-218-5416
Telephone: 512-863-4344
Fax: 512-341-3152
Fax: 512-864-3147
e-mail: lalvarado around-rock.tx.us
e-mail: debbieh rwilliamsonhabitat.org
3
SECTION VI:
SPECIAL CONDITIONS
6.1. Legal Fees
If all funds budgeted by CITY for legal fees and related costs associated with CDBG
activities for the current fiscal year are expended prior to the execution of this agreement, or
during the term of this agreement, HABITAT agrees to reimburse CITY for all of CITY's legal
fees related to this community development block grant agreement incurred by CITY after all of
such funds are expended, including but not limited to, attorneys fees, recording costs and other
costs incurred by CITY for legal services. HABITAT shall reimburse CITY for legal fees under
this section within ten (10) days of a request for reimbursement by CITY, provided however that
CITY shall not request reimbursement under this section more than once per CITY fiscal quarter.
6.2 Determination of Appropriateness
Prior to entering into any contract for the purchase of real property under this agreement,
HABITAT shall obtain a determination from the CITY that the proposed location and use of
such real property is appropriate and complies with the ordinances and development plans
adopted by the CITY. HABITAT shall apply to the CITY's Planning Director or his designee
for the determination under this subsection.
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
HABITAT agrees to comply with all applicable federal, state and local laws, regulations
and policies governing the funds provided under this Agreement, including but not limited TO
those laws and regulations described in 24 CFR 570 CDBG Regulations Subpart K, provided
however that HABITAT, does not assume the CITY's environmental responsibilities, if any,
described at 24 CFR § 570.604, and does not assume the CITY's responsibility, if any, for
initiating the review process under the provisions of 24 CFR part 52. HABITAT further agrees
to utilize funds available under this Agreement to supplement rather than supplant funds
otherwise available.
7.2. Independent Contractor
It is understood and agreed that HABITAT is an independent contractor and shall not be
considered an employee of the CITY. HABITAT shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement. The CITY shall be
exempt from payment of all unemployment compensation, FICA and retirement benefits, as
HABITAT is an independent contractor. HABITAT shall not be within protection or coverage
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of the CITY's Workers' Compensation insurance, Health Insurance, Liability Insurance or any
other Insurance that the CITY from time to time may have in force and effect.
7.3. Hold Harmless
HABITAT shall indemnify, save harmless and exempt the CITY, 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
action done as result of this Agreement and arising out of a willful or negligent act or omission of
HABITAT, its officers, agents, servants, volunteers and employees; provided, however, that
HABITAT 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 CITY,
its officers, agents, servants and employees, or third parties.
7.4. Worker's Compensation
HABITAT shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
7.5. Insurance and Bonding
HABITAT shall carry sufficient insurance coverage to protect contract assets from loss due
to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity
bond covering all employees in an amount equal to cash advances from the CITY.
7.6. Amendments
The terms and conditions of this Agreement, including the attachments listed below,
constitute the entire agreement between the parties and supersedes all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof.
No modification or amendment to this Agreement will be binding on either party unless
acknowledged in writing by their duly authorized representatives.
7.7. 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 thirty (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 CITY. The award
made pursuant to this agreement may be terminated for convenience in accordance with 24 CFR
85.44 by either CITY or HABITAT by setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion to be terminated. However, if in
the case of a partial termination, CITY determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, CITY may terminate the award in its
entirety. In the event of any termination for convenience, all finished or unfinished documents,
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data, reports or other materials prepared by HABITAT under this Agreement shall, at the option
of the CITY, become property of the CITY.
In accordance with 24 CFR § 85.43, the CITY may also suspend or terminate this
Agreetnent, in whole or in part, if HABITAT materially fails to comply with any term of this
Agreement, which include, but are not 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;
B. Failure, for any reason, of HABITAT 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 HABITAT to the CITY reports that are incorrect or incomplete in
any material respect.
The CITY may declare HABITAT ineligible for any further participation in CITY
contracts, in addition to other remedies as provided by law. Should HABITAT fail to cure or
correct such defects or failures identified by the CITY within the fifteen (15) days after
notification of deficiencies, and such breach of contract relates 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 CITY may seek reimbursement of all funds
from the CITY to HABITAT under this Agreement.
HABITAT shall not be relieved of the liability to the CITY for damages sustained by the
CITY by virtue of any breach of this Agreement by HABITAT and the CITY may withhold any
payments to HABITAT for the purpose as set out and until such time as the exact amount of
damages due the CITY from the HABITAT is determined. Should the CITY become aware of
any activity by HABITAT which would jeopardize the CITY's position with HUD which would
cause a payback of CDBG funds or other CITY federal funds then the CITY may take
appropriate action including injunctive relief against HABITAT to prevent the transaction as
aforesaid. The failure of the CITY to exercise this right shall in no way constitute a waiver by
the CITY to demand payment or seek any other relief in law or in equity to which it may be
justly entitled.
7.8. Pending Litigation
HABITAT agrees to inform .CITY about any litigation HABITAT is, or becomes,
involved in.
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7.9. Background Checks
HABITAT agrees to conduct a criminal background check on all employees working
directly with youth.
SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
HABITAT agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
B. Cost Principles
HABITAT shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
8.2. Documentation and Record Keeping
A. Record Keeping
HABITAT 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 are 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
HABITAT shall retain all financial records, supporting documents, statistical records
and all other records pertinent to this Agreement for a period of four (4) years after the
termination of all activities funded under this Agreement. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited and
that have started before the expiration of the four-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the four-year
period, which ever occurs later.
C. Client Data
HABITAT 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 CITY in advance in writing, and
description of services provided. Such information shall be made available to CITY monitors or
their designees upon request.
D. Disclosure
HABITAT 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 CITY's or HABITAT'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.
E. Close -Outs
HABITAT's obligation to the CITY 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, but not limited to, the return of all
unused materials, equipment, unspent cash advances, program income balances, and receivable
accounts to the CITY, and determining custodianship of records. Not withstanding the
foregoing, the terms of this Agreement shall remain in effect during any period that HABITAT
has control over CDBG funds, including program income.
F. Audits & Inspections
All HABITAT'S records with respect to any matters covered by this Agreement shall be
made available to the CITY, grantor agency, their designees or the Federal Government, at any
time during normal business hours, as often as the CITY or grantor agency deems necessary, to
audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in
audit reports must be fully cleared by HABITAT within thirty (30) days after receipt by
HABITAT. Failure of HABITAT to comply with the above audit requirements will constitute a
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violation of this contract and may result in the withholding of future payments. HABITAT
hereby agrees to have an annual agency audit conducted in accordance with current CITY policy
concerning HABITAT's audits and 0M13 Circular A-133.
8.3. Reporting and Payment Procedures
A. Program Income
HABITAT shall report quarterly all program income, as defined at 24 CFR 570.500(a),
generated by activities carried out with CDBG funds made available under this contract. The use
of program income by HABITAT shall comply with requirements set forth in 24 CFR 570.504.
By way of further (imitations, HABITAT 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 CITY 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 CITY.
Reporting of any such program income shall, at a minimum, be included in quarterly reports
under Section VIII 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.
B. Indirect Costs
If indirect costs are charged, HABITAT will develop an indirect cost allocation plan for
determining the appropriate HABITAT's share of administrative costs and shall submit such plan
to the CITY for approval.
C. Payment Procedures
The CITY will pay to HABITAT funds available under this Agreement based on
information submitted by HABITAT 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 HABITAT, and not to exceed actual cash requirements.
Payments will be adjusted by the CITY in accordance with advance fund and program income
balances available under this contract for costs incurred by the CITY on the behalf of HABITAT.
D. Progress Reports
HABITAT shall submit regular Quarterly Progress Reports to the CITY in the form,
content, and frequency as required by the CITY. 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 CITY in advance and in writing.
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E. Budgets
The CITY and the HABITAT may agree to revise the budget, provided in Section III
above, from time to time in accordance with existing CITY policies. Any amendments to the
budget must be approved in writing by both the CITY and HABITAT.
8.4. Procurement
A. Compliance
HABITAT 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). All program assets (unexpended advanced
funds) shall revert to the CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be for acquisition and clearance of real property for the construction
of affordable housing and related costs as described herein.
B. OMB Standards
HABITAT shall procure materials in accordance with the requirements of Attachment 0
of OMB Circular A-1 10, Procurement Standards, as amended, and shall subsequently follow
Attachment N, Property Management Standards, as amended, covering utilization and disposal
of property. These requirements are referenced in 24 CFR Part 84, titled "Common RuleTM.
C. Travel
HABITAT shall obtain written approval from the CITY for any travel outside the
metropolitan area with funds provided under this Agreement. The CITY shall determine that
such travel is necessary and reasonable according to applicable standards outlined in OMB
Circular A87.
8.5. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503 and 570.504,
as applicable, which include but are not limited to the following:
A. HABITAT agrees that should it discontinue the services as provided for herein, or
upon the expiration or termination of this Agreement, then HABITAT shall transfer to the CITY
all unexpended CDBG funds on hand at the time of discontinuance or expiration and any
accounts receivable attributable to the use of funds under this Agreement within ten (10) days
from the time of expiration or termination of this Agreement or the cancellation, or termination
of services. The funds remaining will be appropriated to eligible CDBG activities in keeping
with the CITY's budgetary process.
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B. Real property under HABITAT's control that was 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 pursuant to 24 CFR 570.208 at least five (5) years after expiration of
this Agreement. If HABITAT fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, HABITAT shall pay the CITY an
amount equal to the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the
property. Such payment shall constitute program income to the CITY. HABITAT may retain
real property acquired or improved under this Agreement after the expiration of the five-year
period.
C. 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). Equipment not
needed by HABITAT for activities under this Agreement shall be (a) transferred to the CITY for
the CDBG program or (b) retained after compensating the 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.
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. HABITAT agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and 9c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. HABITAT shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition
or conversion for a CDBG-assisted project. HABITAT also agrees to comply with applicable
CITY ordinances, resolutions and policies concerning the displacement of persons from their
residences.
SECTION X:
PERSONNEL & PARTICIPANT CONDITIONS
10.1. Civil Rights
A. Compliance
HABITAT agrees to comply with city and state civil rights acts and ordinances, 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
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Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
B. Nondiscrimination
HABITAT 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 CITY to monitor non-discrimination,
HABITAT 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.
HABITAT will not discritninate 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. HABITAT will take affirmative action to
ensure 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. HABITAT 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.
HABITAT agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulation, 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
Housing and Community Development Act (42 U.S.C. 5301 et seq.).
C. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of
land acquired, cleared or improved with assistance provided under this Agreement, HABITAT
shall cause or require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the
use or occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the CITY and the United States are beneficiaries of and entitled to enforce such
covenants. HABITAT, in undertaking its obligation to carry out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant, and will not itself so
discriminate.
D. Compliance with Section 504
HABITAT 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 CITY
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shall provide HABITAT with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
10.2. Affirmative Action
A. Approved Plan
HABITAT agrees that it shall be committed to carry out pursuant to the CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
Presidents Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative
Action guidelines to HABITAT to assist in the formulation of such program. HABITAT shall
submit a plan for an Affirmative Action Program for approval prior to the award of funds.
B. Women- and Minority -Owned Businesses (W/MBE)
HABITAT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms "small
business' means a business that meets the criteria set forth in section 3(a) of the Small Business
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and
American Indians. HABITAT may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent investigation.
C. Access to Records
HABITAT shall furnish and cause each of its own subcontractors to furnish all
information and reports required hereunder and will permit access to its books, records and
accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
D. Notifications
HABITAT will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by
the agency contracting officer, advising the labor union or worker's representative of
HABITAT's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
E. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
HABITAT will, in all solicitations or advertisements for employees placed by or on
behalf of HABITAT, state that it is an Equal Opportunity or Affirmative Action employer.
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F. Subcontract Provisions
HABITAT will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its own subcontractors.
10.3. Employment Restrictions
A. Prohibited Activity
HABITAT is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; inherently religious activities; lobbying;
political patronage; and nepotism activities.
B. Labor Standards
HABITAT agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and
Safety Standards Act as amended, the provisions of Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) 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.
HABITAT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and
its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. HABITAT shall
maintain docuinentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the CITY for review upon request.
HABITAT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts
in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part
with assistance provided under this Agreement, shall comply with Federal requirements adopted
by the CITY pertaining to such contracts 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 HABITAT of its obligation, if any, to require payment of the higher wage.
HABITAT shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirement of this paragraph.
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C. "Section 3" Clause
1. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules
and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the
Federal financial assistance provided under this Agreement and binding upon the CITY,
HABITAT and any of HABITAT's subcontractors. Failure to fulfill these requirements shall
subject the CITY, HABITAT and any of HABITAT's subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. HABITAT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
HABITAT further agrees to comply with these "Section 3" requirements and 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 that contracts for work in connection
with the project be awarded to business concerns that provide economic
opportunities for low- and very Iow-income persons residing in the metropolitan
area in which the project is located."
HABITAT further agrees to ensure that opportunities for training and employment
arising 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 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 low -and very law -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 pain hazards), housing construction, or other public construction project 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 that provide economic opportunities to Iow- and
very low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
HABITAT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
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2. Notifications
HABITAT agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising said labor organization or worker's representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places to employees and
applicants for employment or training.
3. Subcontracts
HABITAT will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the grantor agency. HABITAT will not subcontract with any
entity where it has notice or knowledge that the latter has been found in violation of regulations
under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with
a preliminary statement of ability to comply with the requirements of these regulations.
10.4. Conduct
A. Assignability
HABITAT shall not assign or transfer any interest in this Agreement without the prior
written consent of the CITY.
B. Subcontracts
1. Approvals
HABITAT shall not enter into any subcontracts with any agency or individual in the
performance of this contract without written consent of the CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
HABITAT 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
HABITAT 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.
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4. Selection Process
HABITAT shall undertake to ensure that all subcontracts let in the performance of this
agreement shall be awarded on a fair and open competition basis in accordance with applicable
procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY
along with documentation concerning the selection process.
C. Hatch Act
HABITAT agrees that no funds provided, nor personnel employed under this
Agreement, 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.
D. Conflict of Interest
HABITAT understands and agrees to abide by the provisions of 24 CFR 84.42 and
570.611, which include, but are not limited to the following:
1. HABITAT 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 contracts supported by Federal funds.
2. No employee, officer or agent of HABITAT 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. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBD-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to "covered persons" which shall include any
person who is an employee, agent, consultant, officer, or elected official of the CITY, HABITAT
or any designated public agencies which are receiving fiends under the CDBG Entitlement
program.
E. Lobbying
HABITAT 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
17
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid 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 this Federal contract, grant, loan or cooperative
agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph (4) of this certification be
included in the award documents for all subawards at all tiers including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements and that all subrecipients shall
certify and disclose accordingly:
4. Lobbying Certification
This certification is a material representation of a 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 section 1352, title 31, U.S.C.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
F. Copyright
If this Agreement results in any copyrightable material or inventions, the CITY and/or
grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials for
governmental purposes.
G. Religious Organization
HABITAT agrees that funds provided under this Agreement will not be utilized for
inherently religious activities, such as worship, religious instruction, or proselytization; to
promote religious interests; or for the benefit of a religious organization as specified in 24 CFR
570.200(j).
18
SECTION XI:
ENVIRONMENTAL CONDITIONS
11.1. Air and Water
HABITAT agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
A. Clean Air Act, 42 U.S.C., 7401, et seq.;
B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder; and
C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50,
as amended.
11.2. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), HABITAT shall assure that for activities located in an area identified by the
Federal Emergency Management Agency (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.
11.3. Lead -Based Paint
HABITAT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations
at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. 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 lead level screening for children under seven. The
notice should also point out that if lead-based paint is found on the property, abatement measures
may be undertaken. The regulations further require that, depending on the amount of Federal
funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be
conducted.
11.4. Historic Preservation
HABITAT 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
19
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection
of Historic 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 old or older or that are
included on a Federal, state, or local historic property list.
SECTION XII:
SEVARABILITY
12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
SECTION XIII:
SECTION HEADINGS AND SUBHEADINGS
13.1. The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
SECTION XIV:
WAIVER
14.1. The CITY's failure to act with respect to a breach by HABITAT does not waive its right
to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
IN WITNESS WHEREOF, this Agreement is executed as of the date first written above.
(Signatures on the following page.)
20
Appro
as to form:
Steph. L. Sheets, City Attorney
CITY:
City of Round Rock
ALAN MCGRAW, Mayor
ATTEST:
City Secretary
HABITAT:
Habitat for Humanity of Williamson
County
Name: 1)41,1,‘,; e \
Title: ExQc�-}-;ve. 0ci-or
21
Exhibit A
City of Round Rock
Community Development Block Grant Program
Self Declaration of Income Program Year 2008-09
This activity is funded with federal Community Development Block Grant (CDBG) funds and is designed to primarily benefit low to
moderate -income households (LMI).This requires that the Applicant meet and certify the amount of their annual household income in
order to participate in the program. Applicant should not provide his/her signature unless he/she has read and understands the income
information they are certifying under penalty of law. At the discretion of the program, Applicant may be required to provide
documentation to support the self -declaration of income.
Client Data:
Applicant: SSN#:
Address: City Zip
Program beneficiary, If different from Applicant. A separate form must be completed for each child In the same family who is
participating in a program.
Name: SSN#
Address: City Zip
Female Head of Household: Yes ❑No ("Yes" if you are a single parent with children)
Ethnicity: HISPANIC or LATINO ❑ YES ❑ NO
RACE (check one):
❑ White (W) 1 0 Am Indian/Alaskan Native (AI)
0 Black/African-Amer. (8) 0 Native Hawaiian/Other Pacific Islander (HI)
❑ Asian 1 0 Am. Indian/Alaskan Native & White (IAW)
❑ Asian & White (AW) 0 Other Multi -Racial
(0)
j
❑ Black African American & White (BW)
❑ Am Indian/Alaskan Native & Blk (IAB)
Applicant Household Income information
Estimate the annual income of the household by projecting the prevailing rate of income of each person at the time assistance is provided
for the individual, family, or household (as applicable). Estimated annual income shall include income from all sources of household
members as applicable. Income or asset enhancement derived from the CDBG-assisted activity shall not be considered in calculating
estimated annual income. LOCATE FAMILY SIZE AND THEN CIRCLE ANNUAL (Page 1) OR MONTHLY (Page 2) AMOUNT THAT IS
CLOSEST TO FAMILY INCOME
22
Annual Income $
1
No. In
HUD's
HUD's
HUD's
Family
25% 30%
30%
35%
40%
45%
50%
55%
80%
66%
70%
75%
80%
80%
100%
1
12,450
14,940
14,950
17,430
1 19,920
22,410
24,900
27 390
29,880
32,370
34,860
37,350
39,840
39,850
49,800
2
14,225
17,070
17,100
19,915
22,760
25,605 28,450
31,295
34,140
36,985
39,830
42,675
45,520
45,500
56,900
3
16,000
19,200
19,200
22,400
25,600
28,800 32,000
35,200
38,400
41,600
44,800
48,000
51,200
51,200
64000
4
17,775
21,330
21,350
24,885
28,440
31,995 35550
39,105
42,660
46,215
49,770
53,326
66,880
56,900
71,100
5
19,200
23,040
23,050
26,880
30,720
34,580 38,400
42,240
46,080 I
49,920
53,760
67,600
61,440
61,450
76,800
22
Monthly Income $
20,825
24,760
24,750 1
28,875 I
33,000
37,125
41,250
1
45,375
49,500
53,625
57,750
61,875
6,000 1
6,000
82,500
7
22,050
26,480
28,450 1
30,870 1
35,280
39,890
44,100
48,510
52,920
67,330
61,740
86,150
70,560
70,550
88,200
1,453
1,880
1 1,868
2,075
2,283
tE
2,898
2,905
3,113
3,320
3,317
4,150
2
1,185
i 1,423
8
23,475
28,170
28,200 I
32,865 1
37,580 ; 42,255
46,950
51,645
56,340
61,035
65,730
70,425
75,120 j
75,100
93,900
Monthly Income $
No. In
HUD's
HUD's
HUD's
Family
26% 30%
30%
35%
40%
45%
60%
55%
60%
65%
70%
76%
80%
80%
100%
1
1,038
1,245
1,246
1,453
1,880
1 1,868
2,075
2,283
2,490
2,898
2,905
3,113
3,320
3,317
4,150
2
1,185
i 1,423
I
1,421 i
1660
1,897
2,134
2,371
2,608
2,845
3,082
3,319 i
3,556
3,793
3,792
4,742
3
1,333
I 1,600
1,600 1
1,887
2,133
2,400
2,667
2,933
1 3,200
3,487
3,733 1
4,000
4,267
4,267
5,333
4
1,481
1,778
1,779 (
2,074
2,370
2,666
2,983
3,259
3,555
3,851
4,148 1
4,444
4,740
4,742
5,925
+
5
1,800
1,920
1,921
2,240
2,560
2,880
3,200
3,520
3,840
4,160
4,480 !
4,800
5,120
5,121
6,400
6
1,719
2,063
2,083 '
2,406
2,750
3,094
3,438
3,781
4,125
4,469
4813
5,158
5,500
5,500
6,875
7 I
1,838
2,205
2,204
2,573
2,940 1
3,308
3,675
4,043
4 410
4 778
6145 1
5,513
5,880
5,879
7,350
8
1,958
2,348
2,346 1
2,739
3,130
3,521
3,913
4,304
4,695
5,086
5,478
5,869
8,260
6,258
7,825
Number of persons living in household: Number of adults (18 yrs and older) living in household:_
Applicant Self Declaration Certification
Evidenced by the signature below, Applicant certifies his or her annual household income. Applicant certifies that the
information herein provided is true and accurate. Applicant further acknowledges that any inaccuracy and/or
misrepresentation provided herein may constitute fraud, which is punishable by law. Applicant certifies that all information
provided herein and any attachments hereto, are true and correct as of the date set forth opposite signature. Applicant
acknowledges that Title 18, Section 1001 of the U.S. Code states that any person that makes intentional or negligent
statements to any department of the United States Government is guilty of a felony that could result in but not be limited to
a fine, imprisonment, or both.
Applicant Signature Date
Program Use Only:
Program/Activity Name:
HUD Income guidelines used to certify client dated:
Based upon client information provided, client household: (check one)
❑ Does meet income qualifications
❑ Does not meet income qualifications
Reviewer's Signature: Date:
23
Exhibit B
Client / Beneficiary Data
This report is prepared in digital format. The following exhibit is an example of the information required to
complete the client / beneficiary data.
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3M
3too
a
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A
1
to
a
47
c%.1 i00'O Oro O
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