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R-09-11-12-10D1 - 11/12/2009RESOLUTION NO. R -09-11-12-10D1 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 Young Men's Christian Association of Greater Williamson County ("YMCA") to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with YMCA for the construction of restroom facilities at the Round Rock Family YMCA Sports and Recreation Complex, 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 YMCA, 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 the public as required by law Resolution and the subject matter and formally acted upon, all Chapter 551, Texas Government RESOLVED this 12th day ATTEST: 251/AttiL SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\0905\MUNICIPAL\R91112D1.DOC/mc and that such meeting was open to at all times during which this hereof were discussed, considered as required by the Open Meetings Act, Code, as amended. of November, 2009. leh 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 YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER WILLIAMSON COUNTY, a Texas non- profit corporation (herein called "YMCA"). 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 YMCA 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 YMCA will be responsible for administering a Community Development Block Grant ("CDBG") Year 2008 program known as the YMCA Sports Complex Public Facility Improvement 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: Construction of restroom facilities at the Round Rock Family YMCA Sports and Recreation Complex. General Administration The project will be administered by the Executive Director. EXHIBIT nAn 1.2 National Objectives YMCA certifies that the activities carried out under this Agreement shall meet the national objective to benefit low and moderate income persons with public facility improvements to its sports complex located in a low to moderate income census tract. 1.3. Levels of Accomplishment — Goals and Performance Measures In addition to normal administrative services required as part of this Agreement, YMCA agrees to provide the following program services: Construct public restroom facilities in substantial conformance with the plans attached hereto as Exhibit "C" (the "Facilities"), provided that all such construction shall apply with all applicable local, state and federal regulations, including but not limited to the Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended. 1.4. Performance Monitoring The CITY will monitor the performance of YMCA 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 YMCA within thirty (30) days after being notified by the CITY, contract suspension or termination procedures will be initiated in accordance with Section V II of this Agreement. SECTION II: TIME OF PERFORMANCE Services of YMCA shall start on the date of due execution of this Agreement by YMCA and CITY (the "Effective Date") and end one year after the Effective Date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which YMCA remains in control of CDBG funds or other assets including program income. SECTION III: BUDGET Line Item Amount Construction of restroom facilities at the Round Rock Family YMCA Sports and Recreation Complex $75,000 CDBG Project Cost Total $75,000 Any indirect costs charged must be consistent with the conditions of Paragraph 8.3 (B) of this Agreement. In addition, CITY may require a more detailed budget breakdown than the one 2 contained herein, and YMCA 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 $75,000. 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 YMCA's financial management system in accordance with the standards specified in 24 CFR 84.21 and the submission of such invoices, bills, expense reports or other documentation to CITY as necessary for the CITY to confirm compliance with this Agreement. 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 delivery or 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: 3 CITY: YMCA: Elizabeth Alvarado, Community Development Coordinator Sherri Yerrington Executive Director City of Round Rock YMCA 301 West Bagdad, Suite 140 P.O. Box 819 Round Rock, Texas 78664 Round Rock TX 78680 Telephone: 512-218-5416 Telephone: 512-615-5513 Fax: 512-341-3152 Fax: 512-244-7381 e-mail: lalvarado(n,round-rock.tx.us e-mail: syerrington(a�ymcawilliamsonco.orq 3 SECTION VI: SPECIAL CONDITIONS 6.1 Construction According to Applicable Regulations YMCA shall construct the Facilities in compliance with all federal, state and local rules and regulations, including but not limited to the Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended, and shall obtain all necessary permits. SECTION VII: GENERAL CONDITIONS 7.1. General Compliance YMCA agrees to comply with all applicable federal, state and local laws, regulations and policies governing the fiords 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 YMCA, 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. YMCA 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 YMCA is an independent contractor and shall not be considered an employee of the CITY. YMCA shall at all tinges 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 YMCA is an independent contractor. YMCA 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. 7.3. Hold Harmless YMCA 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 YMCA, its officers, agents, servants, and employees; provided, however, that YMCA 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 YMCA shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 4 7.5. hnsurance and Bonding YMCA 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 supersede 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 YMCA 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 YMCA 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 Agreement, in whole or in part, if YMCA 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 YMCA 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 YMCA to the CITY reports that are incorrect or incomplete in any material respect. 5 The CITY may declare YMCA ineligible for any further participation in CITY contracts, in addition to other remedies as provided by law. Should YMCA 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 fluids from the CITY to YMCA under this Agreement. YMCA 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 YMCA and the CITY may withhold any payments to YMCA for the purpose as set out and until such time as the exact amount of damages due the CITY from the YMCA is determined. Should the CITY become aware of any activity by YMCA 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 YMCA 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 YMCA agrees to inform CITY about any litigation YMCA is, or becomes, involved in. 7.9. Background Checks YMCA 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 YMCA 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 YMCA 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. 6 8.2. Documentation and Record Keeping A. Record Keeping YMCA 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 frill 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. 13. Retention YMCA 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 YMCA 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 YMCA 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 YMCA'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. 7 E. Close -Outs YMCA'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 YMCA has control over CDBG funds, including program income. F. Audits & Inspections All YMCA'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 Govermnent, 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 YMCA within thirty (30) days after receipt by YMCA. Failure of YMCA to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. YMCA hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning YMCA's audits and OMB Circular A-133. 8.3. Reporting and Payment Procedures A. Program Income YMCA 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 YMCA shall comply with requirements set forth in 24 CFR 570.504. By way of further limitations, YMCA 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, YMCA will develop an indirect cost allocation plan for determining the appropriate YMCA's share of administrative costs and shall submit such plan to the CITY for approval. 8 C. Payment Procedures The CITY will pay to YMCA funds available under this Agreement based on information submitted by YMCA 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 YMCA, 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 YMCA. D. Progress Reports YMCA 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 accomplislunents. 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 YMCA 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 YMCA. 8.4. Procurement A. Compliance YMCA 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, including but not limited to, unexpended advanced funds, shall revert to the CITY upon termination of this Agreement. The only authorized expenditures of funds shall be for construction and related costs as described herein. B. OMB Standards YMCA shall procure materials in accordance with the requirements of Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. These requirements are referenced in 24 CFR Part 84, titled "Common Rule". C. Travel YMCA 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 9 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. YMCA agrees that should it discontinue the services as provided for herein, or upon the expiration or termination of this Agreement, then YMCA 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 YMCA'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 YMCA fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, YMCA 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. YMCA may retain real property acquired or improved under this Agreement after the expiration of the five-year period. C. hl 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 YMCA 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. YMCA 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 (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. YMCA 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 10 conversion for a CDBG-assisted project. YMCA 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 YMCA 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. B. Nondiscrimination YMCA 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, YMCA 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. YMCA 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. YMCA 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. YMCA 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. YMCA 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 and 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 11 land acquired, cleared or improved with assistance provided under this Agreement, YMCA 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. YMCA, 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 YMCA 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 YMCA 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 YMCA 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 President's Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative Action guidelines to YMCA to assist in the formulation of such program. YMCA shall submit a plan for an Affirmative Action Program for approval prior to the award of fiends. B. Women- and Minority -Owned Businesses (W/I\4BE) YMCA 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. YMCA may relay on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Access to Records YMCA 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. 12 D. Notifications YMCA 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 YMCA'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 YMCA will, in all solicitations or advertisements for employees placed by or on behalf of YMCA, state that it is an Equal Opportunity or Affirmative Action employer. F. Subcontract Provisions YMCA will include the provisions of Subsections 10.1(A), Civil Rights, and (B), Affirmative Action, of this Section X 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 YMCA 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 YMCA 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 el 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. YMCA agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 el seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. YMCA 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. YMCA 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 13 intended to relieve YMCA of its obligation, if any, to require payment of the higher wage. YMCA 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, YMCA and any of YMCA's subcontractors. Failure to fulfill these requirements shall subject the CITY, YMCA and any of YMCA's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. YMCA certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. YMCA 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." YMCA 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 low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based 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. 14 YMCA certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 2. Notifications YMCA 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 YMCA 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. YMCA 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 YMCA shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY. B. Subcontracts 1. Approvals YMCA 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 YMCA 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 YMCA 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. 15 4. Selection Process YMCA 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 YMCA 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 YMCA 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. YMCA 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 YMCA 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 ilmnediate 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, YMCA or any designated public agencies which are receiving funds under the CDBG Entitlement program. E. Lobbying YMCA 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 16 the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated fiends 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 YMCA 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 YMCA 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.; 17 B. Federal Water Pollution Control Act, as amended; 33 U.S.C. § 1251, et .seq., as amended; 33 U.S.C. § 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. 1 l .2. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), YMCA 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 YMCA 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 YMCA 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 fifiy years old or older or that are included on a Federal, state, or local historic property list. 18 SECTION XII: SEVERABILITY 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 YMCA 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. Approved as to form: Stephan L. Sheets, City Attorney CITY: YMCA: City of Round Rock YMCA for Humanity of Williamson ALAN MCGRAW, Mayor ATTEST: SARAH WHITE City Secretary Name: Title: 19 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: Address: SSN# City Zip Female Head of Household: ❑Yes ONO ("Yes" if you are a single parent with children) Ethnicity: HISPANIC or LATINO fi YES j 1 NO RACE (check one): ❑ No. In Family White (W) ■ Am Indian/Alaskan Native (Al) 0 Asian & White (AW) ! HUD's 50% Other Multi -Racial (0) 1 25% ❑ Black/African-Amer. (B) 0 1 Native Hawaiian/Other Pacific Islander (HI) ❑ Black African American & White (BW) 45% 55% 60% Asian ■ Ani. Indian/Alaskan Native & White (IAW) 0 Am Indian/Alaskan Native & Blk (IAB) 12,450 14940 14,950 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 75% 80% HUD's. 37,350 39,840 42,675 1 45,520 48,000 51,200 53,325 56,880 57,600 61,440 61,875 66,000 66,150 70,580 70,425 75,120 80% 39,850 100% 49,800 45,500 51 200 56,900 61,450 66,000 70,550 56,900 64 000 71,100 76,800 82,500 88.200 75,100 93,900 No. In Family HUD's 30% HUD's 50% 25% 30% 35% 40% 45% 55% 60% 65% 70% 1 12,450 14940 14,950 17,430 19,920 22,410 24,900 I 27,390 29,880 32,370 34,860 2 14,225 17,070 17,100 1 19,915 1 22,760 25,605 I 28,450 1 31,295 34,140 36,985 39,830 3 16,000 19,200 19,200 22,400 1 25,600 28,800 32,000 i 35,200 38,400 41600 44,800 4 17,775 21,330 21,350 24,885 28,440 31,995 35,550 39,105 42,660 46,215 49,770 6 19,200 23,040 23,050 26,880 30,720 34,560 38,400 42,240 46,080 49,920 53,760 6 20,625 24,750 24,750 28,875 33,000 37,125 41,250 i 45,375 1 49,500 53,625 57,750 7 22,050 ,_ 26,460 26,450 30,570 35,280 39,690 44,100 48,510 52,920 57,330 61,740 8 23,475 28,170 28,200 32,865 37,560 42,255 46,950 i 51,645 56,340 61,035 65,730 75% 80% HUD's. 37,350 39,840 42,675 1 45,520 48,000 51,200 53,325 56,880 57,600 61,440 61,875 66,000 66,150 70,580 70,425 75,120 80% 39,850 100% 49,800 45,500 51 200 56,900 61,450 66,000 70,550 56,900 64 000 71,100 76,800 82,500 88.200 75,100 93,900 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: Monthly Income $ Na In Fancily HUD's 30% HUD's 50% HUD's 25% 30% 35% 40% 45% 65% 60% 65% 70% 75% 80% 1 1,038 1,185 1,245 1,423 1,246 ...E 1,421 l 1,453 1,660 1,660 1,897 I 1,868, 2,134 2075 (( 2,371 , 2283 2,608 2,490 2,845 2,698 3,082 3,467 2,905 3,319 3,733 3,113 3,556 4,000 3,320 3,793 4,267 80% 3,317 3,792 4267 100% 4,150 4,742 5,333 2 3 1,333 1,600 1,600 1,867 2,133 2,400 2,666 1 2,880 f 2,667 , 2,933 3,200 4 i 1,481 1,600 1,778 1 1,920 i 1,779 1,921 E 2,074 2,240 2,370 2,560 2963 3,200 3,259 3,520 3555 3,840 3,851 4,160 4,148 4,480 4,444 4,800 4,740 4,742 5,925 5 I 6 1 1,719 � 2,063 i 2,063 2,406 2,750 3,094 3,438 i 3,781 4,125 4,469 4,813 5,145 5,478 5,156 51513 5,869 5,120 5,500 5,880 6,260 5,121 5,500 5,879 6,400 6,875 7,350 7 j 1,838 2,205 2,204 2,573 2,940 3,308 3,675 4,043 4,410 4,778 5,086 8 1,956 2,348 I 2,346 ; 2,739 3,130 3,521 ; ` 3,913 4,304 4,695 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: Client/'Beneficiary Data Agency: Unduplicated Clients Address: —— ---- _— � Contact: bale: ._.,_._...,._._......__ Plan/Prog: — — --- Phone: _.— `—'-- — Activity No.: - 2004-05 Unduplicated Clients: ° Race Categories: W' White(not Hispanic origin) Estimated clients: B Black(not Hispanic origin) WH White+Hlspanic A I Am fndion or Alaska Native O Other mulli-racial&NOT Hispanic SH Black+Hispanic AS Asian or Pacific Islander OH Other multi-racial&Hlspanic Nota Aeeordlrrg(o Census 2fM0,�ElhnlcNy hos,fwo choices only,NISPANIC or NOT HlSPANlC:Race ho unllmNed Cholcds: Whifo!alono•81ack.orR/iicanFmeNcan and other ParJYk/slander some WboriAee alaje two orm6rc:aegis wnY2%rt Cc tilp!lo ii;:Chan es'Jrr200D R' a,a a'AmeNran fndlan pndAlyskoh 0M. AloskaNiifiveeolnDlneol�4.qs(orr�oridfPaclRctlJaridor..caro' splN g bc¢,4f��anslrtclrldei)'H1SpSrncorLatlnoasJretlbe%orerace;.'2)-.Resondei�� N C°JomAsianolono;NafNcHaWallon..' A n could s..eleel rtrore Buri one race S)Amenran Indlan and .. Name - Dem ra h,cs Family ;Annual - 135t F(rst Race- :F HH '�`S2o ,� ilricomo'.Address ,''C{ 2004: Zip Oct Nov Oec Jan FCb Mar -- r .-Ma :Jun Jul Au Sot Amt ExOi — — — a tabbter 7 _. ? __ - 0 f -...--- - of rn - --- ---- __ - o: W — - ---- - ----- t --- J_ f of ,T _ - - _ ....... - __. o --- ---°l PrOgrom Yoer 2004.05 City of Round Rock { z 11.1 J1 1H a gq f }CYC �E�rx! iaPeIiJ I lab } es$;i€� u,c I ggY p� � � o Y�� Ill ilei1f 'f51 r[ �a3@� e�"ii1 si billilaI a lliii °�III111`1;411Is leg! 5 ii i?¢ 1.la . 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"LL i I ELEVATION 4 SUILOIN& SECTION i ' MMnOSN a•�,weo r � ELEVATION 6 DETAIL I 'r ro a nee R41 ROOM SPORTS r'.,e TMGA [Il S �T�•.... rTl 7:14.FS w"KY nrao.. — LLA OMS 6 GTONSEV �ws 3 ELEVATION 5 YVALL SECTION RR A w e.� 7 MA50NRY TIE OETAIL _J 4 4 tth 1 REFLECTED GEILIN6 PLAN 1 (6) 2 z 0 17: 111 2 II tu z IL 11,11%122 5 5 KrrirrAlgl /5.4,1,11.4 11,4 ••ri 4?fl 0 0 ce 135.4111..rrl •9 66 DATE: November 5, 2009 SUBJECT: City Council Meeting — November 12, 2009 ITEM: 10D1. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Agreement with the YMCA. Department: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Elizabeth 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 timely manner. HUD is expected to issue the Authority to Use Grant Funds on or about November 16, 2009. Strategic Plan Relevance: Funding: Cost: $75,000.00 Source of funds: CDBG Outside Resources (if applicable): Public Comment (if applicable): 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 jkday of ivaitotbor, 2009 by and between the City of Round Rock, a Texas home -rule municipality (herein called the "CITY") and YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER WILLIAMSON COUNTY, a Texas non- profit corporation (herein called "YMCA"). 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 YMCA 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 YMCA will be responsible for administering a Community Development Block Grant ("CDBG") Year 2008 program known as the YMCA Sports Complex Public Facility Improvement 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: Construction of restroom facilities at the Round Rock Family YMCA Sports and Recreation Complex. General Administration The project will be administered by the Executive Director. 1 j2 o t ct - 2' Gib( 1.2 National Objectives YMCA certifies that the activities carried out under this Agreement shall meet the national objective to benefit low and moderate income persons with public facility improvements to its sports complex located in a low to moderate income census tract. 1.3. Levels of Accomplishment Goals and Performance Measures in addition to normal administrative services required as part of this Agreement, YMCA agrees to provide the following program services: Construct public restroom facilities in substantial conformance with the plans attached hereto as Exhibit "C" (the "Facilities"), provided that all such construction shall apply with all applicable local, state and federal regulations, including but not limited to the Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended. 1.4. Performance Monitoring The CITY will monitor the performance of YMCA 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 YMCA within thirty (30) days after being notified by the CITY, contract suspension or termination procedures will be initiated in accordance with Section V II of this Agreement. SECTION II: TIME OF PERFORMANCE Services of YMCA shall start on the date of due execution of this Agreement by YMCA and CITY (the "Effective Date") and end one year after the Effective Date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which YMCA remains in control of CDBG funds or other assets including program income. SECTION III: BUDGET Line Item Amount Construction of restroom facilities at the Round Rock Family YMCA Sports and Recreation Complex $75,000 CDBG Project Cost Total $75,000 Any indirect costs charged must be consistent with the conditions of Paragraph 8.3 (B) of this Agreement. In addition, CITY may require a more detailed budget breakdown than the one 2 contained herein, and YMCA 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 575,000. 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 YMCA's financial management system in accordance with the standards specified in 24 CFR 84.21 and the submission of such invoices, bills, expense reports or other documentation to CITY as necessary for the CITY to confirm compliance with this Agreement. 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 delivery or 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: YMCA: Elizabeth Alvarado, Community Development Coordinator Sherri Yerrington Executive Director City of Round Rock YMCA 301 West Bagdad, Suite 140 P.O. Box 819 Round Rock, Texas 78664 Round Rock TX 78680 Telephone: 512-218-5416 Telephone: 512-615-5513 Fax: 512-341-3152 Fax: 512-244-7381 e-mail: lalvarado@round-rock.tx.us e-mail: syerrington(c�r ymcawilliamsonco.orq 3 SECTION VI: SPECIAL CONDITIONS 6.1 Construction According to Applicable Regulations YMCA shall construct the Facilities in compliance with all federal, state and local rules and regulations, including but not limited to the Code of Ordinances, 1995 Edition, City of Round Rock, Texas, as amended, and shall obtain all necessary permits. SECTION Vil: GENERAL CONDITIONS 7.1. General Compliance YMCA agrees to comply with all applicable federal, state and local laws, regulations and policies governing the fiords 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 YMCA, 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. YMCA 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 YMCA is an independent contractor and shall not be considered an employee of the CI'T'Y. YMCA 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 YMCA is an independent contractor. YMCA 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. 7.3. Hold Harmless YMCA 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 YMCA, its officers, agents, servants, and employees; provided, however, that YMCA 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 YMCA shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 4 7.5. Insurance and Bonding YMCA 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 supersede 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 YMCA 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 YMCA 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 Agreement, in whole or in part, if YMCA 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 YMCA to fulfill in a timely and proper manner its obligations under this Agreement; C. hieffective or improper use of funds provided under this Agreement; or D. Submission by YMCA to the CITY reports that are incorrect or incomplete in any material respect. 5 The CITY may declare YMCA ineligible for any further participation in CITY contracts, in addition to other remedies as provided by law. Should YMCA 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 YMCA under this Agreement. YMCA 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 YMCA and the CITY may withhold any payments to YMCA for the purpose as set out and until such time as the exact amount of damages due the CITY from the YMCA is determined. Should the CITY become aware of any activity by YMCA 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 YMCA 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 YMCA agrees to inform CITY about any litigation YMCA is, or becomes, involved in. 7.9. Background Checks YMCA 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 YMCA 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 YMCA 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. 6 8.2. Documentation and Record Keeping A. Record Keeping YMCA 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 YMCA 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 YMCA 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 YMCA 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 YMCA'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. 7 E. Close -Outs YMCA'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 YMCA has control over CDBG funds, including program income. F. Audits & Inspections All YMCA'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 Goverrnnent, 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 YMCA within thirty (30) days after receipt by YMCA. Failure of YMCA to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. YMCA hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning YMCA's audits and OMB Circular A-133. 8.3. Reporting and Payment Procedures A. Program Income YMCA 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 YMCA shall comply with requirements set forth in 24 CFR 570.504. By way of further limitations, YMCA 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, YMCA will develop an indirect cost allocation plan for determining the appropriate YMCA's share of administrative costs and shall submit such plan to the CITY for approval. 8 C. Payment Procedures The CITY will pay to YMCA funds available under this Agreement based on information submitted by YMCA 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 YMCA, 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 YMCA. D. Progress Reports YMCA 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 sununary of expenditures, list of beneficiaries and a brief narrative of accomplislunents. 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 YMCA 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 YMCA. 8.4. Procurement A. Compliance YMCA 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, including but not limited to, unexpended advanced funds, shall revert to the CITY upon termination of this Agreement. The only authorized expenditures of funds shall be for construction and related costs as described herein. B. OMB Standards YMCA shall procure materials in accordance with the requirements of Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. These requirements are referenced in 24 CFR Part 84, titled "Common Rule". C. Travel YMCA 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 9 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. YMCA agrees that should it discontinue the services as provided for herein, or upon the expiration or termination of this Agreement, then YMCA 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 YMCA'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 YMCA fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, YMCA 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. YMCA 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 YMCA 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. YMCA 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 (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. YMCA 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 10 conversion for a CDBG-assisted project. YMCA 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 YMCA 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. B. Nondiscrimination YMCA 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, YMCA 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. YMCA 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. YMCA 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. YMCA 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. YMCA 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 and 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 11 land acquired, cleared or improved with assistance provided under this Agreement, YMCA 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. YMCA, 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 YMCA 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 YMCA 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 YMCA 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 President's Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative Action guidelines to YMCA to assist in the formulation of such program. YMCA 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) YMCA 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. YMCA may relay on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Access to Records YMCA 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. 12 D. Notifications YMCA 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 YMCA'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 YMCA will, in all solicitations or advertisements for employees placed by or on behalf of YMCA, state that it is an Equal Opportunity or Affirmative Action employer. F. Subcontract Provisions YMCA will include the provisions of Subsections 10.1(A), Civil Rights, and (B), Affirmative Action, of this Section X 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 YMCA 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 YMCA 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 Iocal laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. YMCA agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the IJ.S. Departtnent of Labor at 29 CFR Part 5. YMCA 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. YMCA 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 13 intended to relieve YMCA of its obligation, if any, to require payment of the higher wage. YMCA 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, YMCA and any of YMCA's subcontractors. Failure to fulfill these requirements shall subject the CITY, YMCA and any of YMCA's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. YMCA certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. YMCA 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." YMCA 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 low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based 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. 14 YMCA certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 2, Notifications YMCA 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 YMCA 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. YMCA 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 YMCA shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY. B. Subcontracts 1. Approvals YMCA 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 YMCA will monitor al] 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 YMCA 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. 15 4. Selection Process YMCA 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 YMCA 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 YMCA 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. YMCA 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 YMCA 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 -snaking 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, YMCA or any designated public agencies which are receiving funds under the CDBG Entitlement program. E. Lobbying YMCA 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 16 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 subrecipicnts 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 YMCA 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 YMCA 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.; 17 B. Federal Water Pollution Control Act, as amended; 33 U.S.C. § 1251, et seq., as amended; 33 U.S.C. § 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), YMCA 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 YMCA 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 YMCA 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 list. 18 SECTION XII: SEVERABILITY 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 YMCA 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. Appr4 ve as to form: Stephan i . Sheets, City Attorney CITY: City of Round Rock ALAN MCGRAW, Mayor ATTEST: 930,a- tdatz SARA% WHITE City Secretary YMCA: YMC•for Humanity of Williamson 41 Cou Name: Title: 19 etorak 3121. 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 sane family who is participating in a program. Name: SSN# Address: City Female Head of Household: ❑Yes Ethnicity: HISPANIC or LATINO I 1 YES n NO RACE (check one): ❑No ("Yes" if you are a single parent with children) ❑ White (W) 0 Am Indian/Alaskan Native (AI) Zip ❑ Black/African-Amer. (B) ❑ Native Hawaiian/Other Pacific Islander (HI) ❑ Asian 0 Am. Indian/Alaskan Native & White (IAW) 0 Asian & While (AW) 0 Other Multi -Racial it (0) ❑ Black African American & White (BW) rt 1 0 Am Indian/Alaskan Native & Bik (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 (Pape 2) AMOUNT THAT IS CLOSEST TO FAMILY INCOME EXHIBIT Annual Income $ No. In HUD's HUD's 1 HUD's Family 25% 30% 30% 35% 40% 45% 50% 56% 60% 65% 70% 75% 80% 80% 1 100% 1 12,450 14,940 14,950 1 --t 17,430 I 19,920 22,410 f 24,900 ( 27,390 - 2.9,880 _ 32,370 34,860 _37,350 39,840 1 39,850 49,800 -a---- 2 14,225 ] 17,070 ; 17,100 1 19,915 1 22,760 25,605 ! 28,450 1 31,295 34,140 36,985 39,830 1 42,675 1 45,520 1 45,500 56,900 3 16,000 1 19,200 { 19,200 1 22,400 i 25,600 28,800 f 32,000 35,200 38,400 41,600 44,800 48,000 51,200 1 51,200 64,000 4 17,775 21,330 21,350 1 24,885 I 28,440 31,995 35,550 39,105 42,660 46,215 49,770 53,325 56,880 1 56,900 71,100 5 19,200 23,040 i 23,050 i 26,880] 30,720 34,560 1 38,400 42,240 46,080 49,920 53,760 57,600 61,440 61,450 76,800 6 i 31 20,625 I i 24,750 1 24,750 28,875 1 33,000 37,125 I 41,250 i 45,375 49,500 53,625 57,750 1 61,875 66,000 1 66,000 82,500 26,450 I I � 30,870 1 35,280 39,690 I 7 22,050 26,460 44,100 48,510 52,920 57,330 61,740 66,150 70,560 70,550 88,200 23,475 28,170 1 8 28,200 1 32,865 1 37,560 42,255 1 46,950 i 51,645 56,340 61,035 65,730 70,425 75,120 1 75,100 93,900 EXHIBIT 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: Monthly Income $ No. In Family HUD's 30% HUD's 50% HUD's 80% 25% 30Y 35% 40% 45% 55% 60% 65% 70% 75% 80% 1 1 1,038 1,245 1,246 1,453 1,660 1,868 , 2075 } 2,283 2,490 2,698 2,905 3,113 3,320 100% 2 1 1,185 1,423 l 1,421 1,660 1,897 2,134 2,371 1 2,608 2,845 3,082 3,467 3,319 3,733 3,556 i 3,793 4,000 j 4,267 3,317 3,792 4,150 4,742 3 I 4 i 1,333 1,600 1,600 1 1,867 2,133 2,400 2,667 ( 2,933 3,200 1,481 1,778 1 1,600 i 1,920 1,779 2,074 1,921 I 2,240 2,063 1 2,406 2,370 2,560 2,750 j 2,666 I 2,963 l 3259 2,880 I 3,200 1 3,520 3,094 3,438 1 3,781 3,555 3,840 1 4,125 3,851 4,160 4,469 4,148 4,480 4,813 5,145 4,444 j 4,800 5,158 4,740 5,120 5,500 4,267 4,742 5,1216400 5,500 5,879 5,333 5,925 6,875 7,350 5 6 J 7 I 1,719 2,063 i 1,838 j 2,205 ! 2,204 2,573 2,940 3,130 3,308 3,675 ! 4,043 3,521 1 3,913 1 4,304 4,410 4,695 4,778 5,086 5,513 5,880 8 j 1,956 1 2,348 I 2,346 i 2,739 5,478 5,869 6,260 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: Client/'Beneficiary Data Agency: Unduplicated Clients ` — -- Address: _ — -- Date: -- -- .---- Contact; -- __..__„_._........._.. Plan/Prog: — ... Phone: — - --,..__, _:_..�.. Activity No.: 2004-05 Unduplicated Clients: p RamCatoporios: W White(not Hispanic origin) Estimatod clients: B 'Black(not Hispanic origin) WH White+Hispanic A I Am Indian or Alaska Nativo O Other mulli-racial&NOT Hispanic SH Black+Hispanic AS Asian or Pacific Islander OH Other multi-racial&Hispanic Nate:AccordlmJ fo Consus2000,Elhnlclty has;two ehotcos only.•NlSAANlC or NOT filSAAN/C.RaCohas unllmrled cnolcas:is 4Vhilealono;B.�ack orAV;can Amerkan alone AmCr/canln and OU7ef Paclf/c lslandcr Saflle OthC7 taco alDQB;INr0 Orm4rC Iaees;WRle to desCrrpfion: ChangCS.'1(r 2000 RaCQ f]be.Sli00S 1rtcfadel H - .- tlfan aRCAl55Aon M06Ve ofone:-Asian alone;Native'.Hawahan Alasl.rNative comfllned,4.Asnn and.Pacrflc7Jandorcb(d 'sA1R. ) lspanac or Lallno asked 6e(pre race;2),Respondenls eould sseled;o>ore lhan one rocc;3J Amoi C n in&.,n nd Name Dem m hits Famuy >9nnua!' +, .lncome.:Address 'Gi Zip .Oct Nov pec Jan FeD Mar ;A r Ne 2005 Jun Jul, Au : Sot :Amt Ex � _ - -- - �I 01 M 01 —01 - _- - ..— I of - -;I ---_ _ J L--. oI —�o ol.- oI�—o _., o o 0 PrOLJMM YoSr 2004.05 City of Round Rock 0 111 I €fig i kg Igii Etflg i ill, ¢ Al e• (�P 6 YIP ;s f( 6 leg E p IV ire @ 3 i n @� 0� �pQ�Y€A egg, afa Si l 1I@RBla ls ileqIfit falgi OI it,1 6 iiil §sop ? 1j £ iol 14111.0 �g4 �ii r g f 66 E ¢ sR iG 6y 3 g � n ♦ n e r e p - 2 £ 5 ,iia yid 4 �$i Y r Lou RESTRoo z ROUND ROCK YMCA SPORTS P1ELDS 0 0 U 0 0 EXHIBIT < g a g� iia 4 6 Y- 0 i '''% � Q g � ! i� d (.,,. utnnid 9 - IL t� • (Dl _s € 0000 EDI ho r ag ROOF PLAN m a z d 1 a ft O 0 1 4.)uJ VIN' SECTION 9 ° 1 1, 1145n if ij f0 MASONRY TIE DETAIL INALL SECTION fi 11:11 5 ELEVATION ELEVATION ssi 1 ELEVATION ...SD L m 0 1- 0 1 =. 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