R-10-10-28-10D2 - 10/28/2010RESOLUTION NO. R -10-10-28-10D2
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 Round Rock Area Serving Center
("Center") to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community Development Block Grant
Agreement with Center to provide for utility assistance to low income families, 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 Round Rock Area Serving Center, a copy of
said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 28th day of October, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
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SARA L. WHITE, City Secretary
O:\wdox\SCCInts\0112\1005\MUNICIPAL\00205 707.DOCirmc
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -10 -MC -48-0514)
THIS AGREEMENT, entered into this day of , 2010 by and between CITY
of Round Rock, a Texas home -rule municipality (herein called the "CITY") and the Round Rock
Area Serving Center (herein called the "CENTER").
WHEREAS, CITY has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of 1974, Public Law
93-383; and
WHEREAS, CITY wishes to engage the CENTER to assist CITY in utilizing such funds;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
SECTION I:
SCOPE OF SERVICES
1.1. Activities
The CENTER will be responsible for administering a Community Development Block
Grant ("CDBG") Year 2010-2011 program known as the Utility Assistance Program in a manner
satisfactory to 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: Provide financial assistance to low income families for electric and gas
bills. Assistance toward a utility bill will be made in the form of a pledge
for TXU and Atmos Energy. Payments toward other utility providers will
be made in the form of a check made payable directly to the utility
company.
General Administration
General administration of the CENTER's activities will be carried out by the Executive
Director.
202581.doc/}mr
I.
EXHIBIT
„AA„„
„
•
1.2 National Objectives
The CENTER certifies that the activities carried out under this Agreement shall meet the
national objective by providing financial assistance for utility bills to low to moderate income
families through the Utility Assistance Program.
1.3. Levels of Accomplishment — Goals and Performance Measures
The levels of accomplishments may include such measures as units rehabilitated, persons
or households assisted, or meals served. In addition to normal administrative services required
as part of this Agreement, the CENTER agrees to provide the following program services:
Activity
Units of Service Per Month
Total Units per Year
Activity #1:
20
250
Units of Service for Activity #1 shall be defined as families receiving utility assistance.
1.4. Staffing
To undertake the activities described above and accomplish the levels of service
described above, the CENTER will allocate staff time in support of the program funded under
this Agreement as follows:
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Volunteer Case Worker
5
50
—
250
nue came: October 1, 2010 through September 30, 2011
Title
I-Irs. per Week
# of Weeks
=
Estimated Hours
Case Manager
5
50
=
250
imeframe: October I, 2010 through September 30, 2010
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of CITY.
1.5. Performance Monitoring
CITY will monitor the performance of the CENTER against the goals and performance
standards required herein. Substandard performance as determined by CITY will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by the CENTER within thirty (30) days after being notified by CITY, contract suspension
or termination procedures will be initiated in accordance with Section VII of this Agreement.
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SECTION II:
TIME OF PERFORMANCE
Services of the CENTER shall start on the lst day of October, 2010 and end on the 30th
day of September, 2011. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the CENTER remains in control of
CDBG funds or other assets including program income.
SECTION III:
BUDGET
Line Item Amount
Utility Assistance for gas and electricity $25,000.00
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
contained herein, and the CENTER 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 CITY under this Agreement shall not
exceed $25,000.00. Drawdowns for the payment of eligible expenses shall be made against the
line item budgets provided above and incorporated herein and in accordance with performance.
Expenses for general administration shall also be paid against the line item budgets provided
above and in accordance with performance.
Payments will be contingent upon certification of the CENTER's financial management
system in accordance with the standards specified in OMB Circular 122.
SECTION V:
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
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Notices made pursuant to this Agreement shall be directed to the following
representatives:
CITY:
Elizabeth Alvarado
Community Development Coordinator
City of Round Rock
CENTER:
Round Rock Area Serving Center
Lori Scott
221 East Main Street
Executive Director
Round Rock, Texas 78664
Telephone: 512-218-5416
Fax: 512-341-3301
PO Box 5006
Round Rock TX 78664
e-mail: lalvarado@round-rock.tx.us
Telephone: 244-2431
Fax: 255-0913
e-mail: lori_c_scott@yahoo.com
SECTION VI:
SPECIAL CONDITIONS
The CENTER shall agree to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development (HUD) regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies issued
pursuant to these regulations, except that: (1) CENTER does not assume CITY's environmental
responsibilities, if any, described in 24 CFR 570.604; and (2) CENTER does not assume CITY'S
responsibility, if any, for initiating the review process under the provision of 24 CFR Part 52.
The CENTER further agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available.
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
The CENTER agrees to comply with all applicable federal, state and local laws,
regulations and policies governing the funds provided under this Agreement.
7.2. Independent Contractor
It is understood and agreed that the CENTER is an independent contractor and shall not
be considered an employee of CITY. The CENTER shall at all times remain an independent
contractor with respect to the services to be performed under this Agreement. CITY shall be
exempt from payment of all unemployment compensation, FICA and retirement benefits, as the
CENTER is an independent contractor. The CENTER shall not be within protection or coverage
of CITY'S Workers' Compensation insurance, Health Insurance, Liability Insurance or any other
Insurance that CITY from time to time may have in force and effect.
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7.3. Hold Harmless
The CENTER shall indemnify, save harmless and exempt 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
work done as result of this Agreement and arising out of a willful or negligent act or omission of
the CENTER, its officers, agents, servants, and employees; provided, however, that the CENTER
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 CITY, its
officers, agents, servants and employees, or third parties.
7.4. Worker's Compensation
The CENTER shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
7.5. Insurance and Bonding
The CENTER 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 CITY.
7.6. Amendments
The terms and conditions of this Agreement constitute the entire agreement between the
parties and supersedes all previous communications, representations, or agreements, either
written or oral, with respect to the subject matter hereof. No modification or amendment to this
Agreement will be binding on either party unless acknowledged in writing by their duly
authorized representatives.
7.7. Suspension or Termination
Partial terminations of the Scope of Service in Paragraph 1.1 above may only be
undertaken with the prior approval of CITY. The award made pursuant to this agreement may be
terminated for convenience in accordance with 24 CFR 85.44 by either CITY or the CENTER 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 the CENTER under this Agreement shall, at the option of CITY, become property of CITY.
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In accordance with 24 CFR § 85.43, the CITY may also suspend or terminate this
Agreement, in whole or in part, if the CENTER 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 the CENTER to fulfill in a timely and proper manner
its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the CENTER to CITY reports that are incorrect or incomplete in
any material respect.
CITY may declare the CENTER ineligible for any further participation in CITY
contracts, in addition to other remedies as provided by law. Should the CENTER fail to cure or
correct such defects or failures identified by CITY within the fifteen (15) days after notification
of deficiencies, and such breach of contract relate to a violation of federal law or regulations
which results in a demand for reimbursement from the Department of Housing and Urban
Development (HUD) or its successor, CITY may seek reimbursement of all funds from CITY to
the CENTER under this Agreement.
The CENTER shall not be relieved of the liability to CITY for damages sustained by
CITY by virtue of any breach of this Agreement by the CENTER and CITY may withhold any
payments to the CENTER for the purpose as set out and until such time as the exact amount of
damages due CITY from the CENTER is determined. Should CITY become aware of any
activity by the CENTER which would jeopardize CITY's position with HUD which would cause
a payback of CDBG funds or other CITY federal funds then CITY may take appropriate action
including injunctive relief against the CEN i'ER to prevent the transaction as aforesaid. The
failure of CITY to exercise this right shall in no way constitute a waiver by 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
The CENTER agrees to inform CITY about any litigation the CENTER is, or becomes,
involved in.
7.9. Background Checks
The CENTER agrees to conduct a criminal background check on all employees working
directly with youth.
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SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
The CENTER 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
The CENTER shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
8.2. Documentation and Record Keeping
A. Record Keeping
The CENTER 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, 24 CFR 84.21-28
and OMB Circular A-110; and
5. Other records necessary to document compliance with Subpart K of 24
CFR 570.
B. Retention
The CENTER shall retain all financial records, supporting documents, statistical records
and all other records pertinent to this Agreement for a period of four (4) years after the
termination of all activities funded under this Agreement. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited and
that have started before the expiration of the four-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the four-year
period, which ever occurs later.
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C. Client Data
The CENTER 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 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
The CENTER 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 CITY's or the CENTER's responsibilities with respect to services provided
under this contract is prohibited by the U.S. Privacy Act of 1974 unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
E. Close -Outs
The CENTER's obligation to 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 the return of all unused materials,
equipment, unspent cash advances, program income balances, and receivable accounts to CITY),
and determining custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the CENTER has control over CDBG
funds, including program income.
F. Audits & Inspections
All the CENTER's records with respect to any matters covered by this Agreement shall
be made available to CITY, grantor agency, their designees or the Federal Government, at any
time during normal business hours, as often as 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 the CENTER within thirty (30) days after receipt by the
CENTER. Failure of the CENTER to comply with the above audit requirements will constitute a
violation of this contract and may result in the withholding of future payments. The CENTER
hereby agrees to have an annual agency audit conducted in accordance with current CITY policy
concerning the CENTER's audits and OMB Circular A-133.
8.3. Reporting and Payment Procedures
A. Program Income
The CENTER shall report quarterly all program income, as defined at 24 CFR 570.504,
generated by activities carried out with CDBG funds made available under this contract. The use
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of program income by the CENTER shall comply with requirements set forth in 24 CFR
570.504. By way of further limitations, the CENTER 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 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 CITY. Reporting of
any such program income shall, at 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, the CENTER will develop an indirect cost allocation plan
for determining the CENTER's appropriate share of administrative costs and shall submit such
plan to CITY for approval.
C. Payment Procedures
CITY will pay to the CENTER funds available under this Agreement based on
information submitted by the CENTER and consistent with an approved budget and CITY
policies concerning payments. With the exception of certain advances, payments will be made
for eligible expenses actually incurred by the CENTER, and not to exceed actual cash
requirements. Payments will be adjusted by CITY in accordance with advance fund and
program income balances available under this contract for costs incurred by CITY on the behalf
of the CENTER.
D. Progress Reports
The CENTER shall submit regular Monthly Progress Reports to CITY in the form,
content, and frequency as required by CITY. These shall include but not be limited to summary
of expenditures, list of beneficiaries and a brief narrative of accomplishments. Beneficiary
reports should be submitted on Exhibit "B", attached hereto and incorporated herein unless an
alternative report is approved by CITY in advance and in writing.
E. Budgets
CITY and the CENTER 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 CITY and the CENTER.
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8.4. Procurement
A. Compliance
The CENTER shall maintain real property inventory records, which clearly identifies any
properties purchased, improved or sold using funds provided under this Agreement. Property
retained shall continue to meet eligibility criteria and shall conform to the "changes in use"
restrictions specified in 24 CFR Parts 570.503(b)(8). All program assets (unexpended advanced
funds) shall revert to CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be those items and indirect costs provided in Section III of this
Agreement.
B. OMB Standards
The CENTER shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
Attachment N, Property Management Standards, covering utilization and disposal of property.
These requirements are referenced in 24 CFR Part 84, titled "Common Rule".
C. Travel
The CENTER shall obtain written approval from CITY for any travel outside the
metropolitan area with funds provided under this Agreement. CITY shall determine that such
travel is necessary and reasonable according to applicable standards outlined in OMB Circular
A87.
8.5. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503 and 570.504,
as applicable, which include but are not limited to the following:
A. The CENTER agrees that should it discontinue the services as provided for
herein, or upon the expiration or termination of this Agreement, then the CENTER shall transfer
to CITY all unexpended CDBG funds on hand and any accounts receivable attributable to the
use of funds under this Agreement, as determined at the time of the expiration, discontinuance or
termination of this Agreement, within ten (10) days from the time of expiration, discontinuance,
or termination of services. The funds remaining will be appropriated to eligible CDBG activities
in keeping with CITY's budgetary process.
B. Real property under the CENTER'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 until five (5) years after
expiration of this Agreement. If the CENTER fails to use CDBG-assisted real property in a
manner that meets a CDBG National Objective for the prescribed period of time, the CENTER
shall pay CITY an amount equal to the current fair market value of the property less any portion
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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 CITY. The CENTER 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 the CENTER for activities under this Agreement shall be (a) transferred to CITY for
the CDBG program or (b) retained after compensating CITY an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment.
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. The CENTER agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and 9c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. The CENTER shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition
or conversion for a CDBG-assisted project. The CENTER 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
The CENTER 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
The CENTER 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
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assistance under this Agreement based on the grounds of race, color, religion, sex, ancestry,
national origin or handicap. In order to allow CITY to monitor non-discrimination, the CENTER
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.
The CENTER will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, ancestry, national origin, or other handicap, age, marital
status, or status with regard to public assistance. The CENTER 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. The CENTER 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.
The CENTER agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulation, and executive orders referenced in 24 CFR 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section
109 of the Housing and Community Development Act (42 U.S.C. 5301 et seq.).
C. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of
land acquired, cleared or improved with assistance provided under this Agreement, the CENTER
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 CITY and the United States are beneficiaries of and entitled to enforce such
covenants. The CENTER, 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
The CENTER 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. CITY shall provide the CENTER 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
The CENTER agrees that it shall be committed to carry out pursuant to CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
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Presidents Executive Order 11246 of September 24, 1966. CITY shall provide Affirmative
Action guidelines to the CENTER to assist in the formulation of such program. The CENTER
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)
The CENTER 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. The CENTER may rely on written representations by businesses regarding
their status as minority and female business enterprises in lieu of an independent investigation.
C. Access to Records
The CENTER 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 CITY, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
D. Notifications
The CENTER 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 the
CENTER'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
The CENTER will, in all solicitations or advertisements for employees placed by or on
behalf of the CENTER, state that it is an Equal Opportunity or Affirmative Action employer.
F. Subcontract Provisions
The CENTER will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its own subcontractors.
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10.3. Employment Restrictions
A. Prohibited Activity
The CENTER 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
The CENTER agrees to comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and
Safety Standards Act as amended, the provisions of Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
The CENTER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 e1 seq.)
and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
CENTER shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to CITY for review upon
request.
The CENTER 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 CITY pertaining to such contracts and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than
those required under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the CENTER of its obligation, if any, to require payment of the higher wage.
The CENTER 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 CITY, the
CENTER and any of the CENTER's subcontractors. Failure to fulfill these requirements shall
subject CITY, the CENTER and any of the CENTER's subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The CENTER certifies and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
14
The CENTER 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."
The CENTER further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan area in
which the CDBG-funded project is located; where feasible, priority should be given to low -and
very law -income persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD programs; and
award contracts for work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead-based pain hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for low -and very
low-income persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that provide economic
opportunities to 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.
The CENTER certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
2. Notifications
The CENTER 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
The CENTER 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. The CENTER will not subcontract with
15
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
The CENTER shall not assign or transfer any interest in this Agreement without the
prior written consent of CITY.
B. Subcontracts
1. Approvals
The CENTER shall not enter into any subcontracts with any agency or individual in the
performance of this contract without written consent of CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
The CENTER will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with evidence of follow-up actions taken to correct areas of noncompliance.
3. Content
The CENTER shall cause all of the provisions of this contract in its entirety to be
included in and made a part of any subcontract executed in the performance of this Agreement.
4. Selection Process
The CENTER 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 CITY
along with documentation concerning the selection process.
C. Hatch Act
The CENTER 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.
16
D. Conflict of Interest
The CENTER 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. The CENTER 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 the CENTER 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 fmancial 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 CITY, the CENTER
or any designated public agencies which are receiving funds under the CDBG Entitlement
program.
E. Lobbying
The CENTER hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
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
17
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, 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
The CENTER 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
The CENTER agrees to comply with the following requirements insofar as they apply to
the performance of this Agreement:
A. Clean Air Act, 42 U.S.C., 7401, et seq.;
B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder; and
C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50,
as amended.
18
11.2. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the CENTER 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
The CENTER 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
The CENTER 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.
SECTION XII:
SEVARABILITY
12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
SECTION XIII:
SECTION HEADINGS AND SUBHEADINGS
13.1. The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
19
SECTION XIV:
WAIVER
14.1. CITY's failure to act with respect to a breach by the CENTER does not waive its right to
act with respect to subsequent or similar breaches. The failure of 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: CENTER:
City of Round Rock Round Rock Area Serving Center
C_ W.
ALAN MCGRAW, Mayor Name: L9r-i S e p-#
Title: EYP_ (r .1-1_ Ve-11i rP e_,40), --
ATTEST:
SARA WHITE
City Secretary
20
City of Round Rock
Community Development Block Grant Program
Self Declaration of Income Program Year 2010-2011
This activity is funded with federal Community Development Block Grant (CDBG) funds and is designed to primarily
benefit low to moderate -income households (LMI).This requires that the Applicant meet and certify the amount of their
annual household income in order to participate in the program. Applicant should not provide his/her signature unless
he/she has read and understands the income information they are certifying under penalty of law. At the discretion of the
program, Applicant may be required to provide documentation to support the self -declaration of income.
Client Data:
Applicant: SSN#:
Address: City Zip
Program beneficiary, if different from Applicant. A separate form must be completed for each child in the same
family who is participating in a program.
Name: SSN#
Address: City Zip
Female Head of Household: ❑Yes ❑No ("Yes" if you are a single parent with children)
Ethnicity: HISPANIC or LATINO ❑ YES ❑ NO
RACE (check one):
1 White (W)
0 Am Indian/Alaskan Native (Al)
❑ Asian & White (AW)
0 Other Multi -
Racial (0)
• Black/African-Amer.
❑ Native Hawaiian/Other Pacific
Islander (HI)
❑ Black African American &
White (BW)
(B)
❑ Asian
0 Am. Indian/Alaskan Native & White
(lAW)
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 AMOUNT
THAT IS CLOSEST TO FAMILY INCOME
FY 2010 INCOME LIMIT
CATEGORY
1 Person 2 Person
3 Person 4 Person
5 Person 6 Person
7 Person 8 Person
Very low (50%) Income
Limits 525,850.00 529,550.00 $33,250.00 538,900.00 539,900.00 $42,850.00 545,800.00 $48,750.00
Extremely Low (30%)
Income Limits 515,550.00 517,750.00 519,950.00 $22,150.00 523,950.00 $25,700.00 527,500.00 $29,250.00
Low (80%)
Income Limits 541,350.00 $47,250.00 $53,150.00 $59,050.00 563,800.00 568,500.00 573,250.00 577,950.00
Number of persons living in household: Number of adults (18 yrs and older) living in household:
Updated September 2010
EXHIBIT
1 A
City of Round Rock
Community Development Block Grant Program
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: MAY 20. 2010
Based upon client information provided, client household: (check one)
o Does meet income qualifications
o Does not meet income qualifications
Reviewer's Signature: Date:
Updated September 2010
Unduplicated Clients
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MANIC or LATINO. Race has unlimited choices: I
ascription. Changes in 2000 Race questions incluc
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EXHIBIT
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 10D2.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a 2010-2011 Community Development
Block Grant Agreement with the Round Rock Area Serving Center in the amount of
$25,000.00.
Meeting Date: October 28, 2010
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
2010-2011 Community Development Block Grant Subrecipient Agreement with the Round Rock Area Serving Center
in the amount of $25,000.00.
Strategic Plan Relevance:
8.0— Maintain and enhance public confidence, satisfaction and trust in City Government
Cost: $25,000.00
Source of Funds: 2010 — 2011 CDBG Entitlement Grant
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS S
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -10 -MC -48-0514)
THIS AGREEMENT, entered into thisteday of azirts 2010 by and between CITY
of Round Rock, a Texas home -rule municipality (herein called the "CITY") and the Round Rock
Area Serving Center (ierein called the "CENTER").
WHEREAS, CITY has applied for and received funds from the United States
Government under Title i of the Housing and Community Development Act of 1974, Public Law
93-383; and
WHEREAS, CITY wishes to engage the CENTER to assist CITY in utilizing such funds;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
SECTION I:
SCOPE OF SERVICES
1.1. Activities
The CENTER will be responsible for administering a Community Development Block
Grant ("CDBG") Year 2010-2011 program known as the Utility Assistance Program in a manner
satisfactory to CITY find 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: Provide financial assistance to low income families for electric and gas
bills. Assistance toward a utility bill will be made in the form of a pledge
for TXU and Atmos Energy. Payments toward other utility providers will
be made in the form of a check made payable directly to the utility
company.
General Administration
General admIlistration of the CENTER's activities will be carried out by the Executive
Director.
202581.docljr"r 1
R -to -1 -20- IO
1.2 National Objectives
The CENTER certifies that the activities carried out under this Agreement shall meet the
national objective by providing financial assistance for utility bills to low to moderate income
families through the Utility Assistance Program.
1.3. Levels of Accomplishment — Goals and Performance Measures
The levels of accomplishments may include such measures as units rehabilitated, persons
or households assisted, or meals served. In addition to normal administrative services required
as part of this Agreement, the CENTER agrees to provide the following program services:
Activity
Units of Service Per Month
Total Units per Year
Activity #1:
20
250
Units of Service for Activity #1 shall be defined as families receiving utility assistance.
1.4. Staffing
To undertake the activities described above and accomplish the levels of service
described above, the CENTER will allocate staff time in support of the program funded under
this Agreement as follows:
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Volunteer Case Worker
5
50
=
250
Timeframe: October 1, 2010 through September 30, 2011
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Case Manager
5
50
=
250
Timeframe: October 1, 2010 through September 30, 2010
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of CITY.
1.5. Performance Monitoring
CITY will monitor the performance of the CENTER against the goals and performance
standards required herein. Substandard performance as determined by CI'T'Y will constitute
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by the CENTER within thirty (30) days after being notified by CITY, contract suspension
or termination procedires will be initiated in accordance with Section VII of this Agreement.
2
SECTION II:
TIME OF PERFORMANCE
Services of the CENTER shall start on the 1st day of October, 2010 and end on the 30f!'
day of September, 2011. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the CENTER remains in control of
CDBG funds or other assets including program income.
SECTION III:
BUDGET
Line Item Amount
Utility Assistance for gas and electricity $25,000.00
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
contained herein, and the CENTER 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 CITY under this Agreement shall not
exceed $25,000.00. Drawdowns for the payment of eligible expenses shall be made against the
line item budgets provided above and incorporated herein and in accordance with performance.
Expenses for general administration shall also be paid against the line item budgets provided
above and in accordance with performance.
Payments will be contingent upon certification of the CENTER's financial management
system in accordance with the standards specified in OMB Circular 122.
SECTION V:
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
• prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
3
Notices made pursuant to this Agreement shall be directed to the following
representatives:
CITY:
CENTER:
Elizabeth Alvarado
Community Development Coordinator
Round Rock Area Serving Center
Lori Scott
City of Round Rock
Executive Director
221 East Mai_ Street
PO Box 5006
Round Rock, Texas 78664
Round Rock TX 78664
Telephone: 512-218-5416
Telephone: 244-2431
Fax: 512-341-3301
Fax: 255-0913
e-mail: lalvamdo@round-rock.tx.us
e-mail: lori c scott@yahoo.com
SECTION VI:
SPECIAL CONDITIONS
The CENTER shall agree to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development (HUD) regulations concerning
Community Development Block Grants (CDBG) and all federal regulations and policies issued
pursuant to these regulations, except that: (1) CENTER does not assume CITY's environmental
responsibilities, if anT, described in 24 CFR 570.604; and (2) CENTER does not assume CITY'S
responsibility, if any_ for initiating the review process under the provision of 24 CFR Part 52.
The CENTER further agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available.
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
The CENTER agrees to comply with all applicable federal, state and local laws,
regulations and polici.: s governing the funds provided under this Agreement.
7.2. Independent Contractor
It is understoczl and agreed that the CENTER is an independent contractor and shall not
be considered an employee of CITY. The CENTER shall at all times remain an independent
contractor with respe rt to the services to be performed under this Agreement. CITY shall be
exempt from payment of all unemployment compensation, FICA and retirement benefits, as the
CENTER is an independent contractor. The CENTER shall not be within protection or coverage
of CITY'S Workers' Compensation insurance, Health Insurance, Liability Insurance or any other
Insurance that CITY from time to time may have in force and effect. •
4
7.3. Hold Harmless
The CENTER shall indemnify, save harmless and exempt 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
work done as result of this Agreement and arising out of a willful or negligent act or omission of
the CENTER, its officers, agents, servants, and employees; provided, however, that the CENTER
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 CITY, its
officers, agents, servarrs and employees, or third parties.
7.4. Worker's Compensation
The CENTER shall provide Workers' Compensation Insurance coverage for all of its
employees involved inthe performance of this Agreement.
7.5. Insurance and Bonding
The CENTER shall may 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 CITY.
7.6. Amendments
The terns and conditions of this Agreement constitute the entire agreement between the
parties and supersedes all previous communications, representations, or agreements, either
written or oral, with respect to the subject matter hereof. No modification or amendment to this
Agreement will be finding on either party unless acknowledged in writing by their duly
authorized representati=ves.
7.7. Suspension or Termination
Partial terminations of the Scope of Service in Paragraph 1.1 above may only be
undertaken with the prior approval of CITY. The award made pursuant to this agreement may be
terminated for converri_ence in accordance with 24 CFR 85.44 by either CITY or the CENTER by
setting forth the rea&ms 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 the CENTER under this Agreement shall, at the option of CITY, become property of CITY.
5
In accordance with 24 CFR § 85.43, the CITY may also suspend or terminate this
Agreement, in whole or in part, if the CENTER 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 the CENTER to fulfill in a timely and proper manner
its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the CENTER to CITY reports that are incorrect or incomplete in
any material respect.
CITY may declare the CENTER ineligible for any further participation in CITY
contracts, in addition In other remedies as provided by law. Should the CENTER fail to cure or
correct such defects o_ failures identified by CITY within the fifteen (15) days after notification
of deficiencies, and such breach of contract relate to a violation of federal law or regulations
which results in a demand for reimbursement from the Departrnent of Housing and Urban
Development (HUD) or its successor, CITY may seek reimbursement of all funds from CITY to
the CENTER under this Agreement.
The CENTER shall not be relieved of the liability to CITY for damages sustained by
CITY by virtue of any breach of this Agreement by the CENTER and CITY may withhold any
payments to the CENTER for the purpose as set out and until such time as the exact amount of
damages due CITY from the CENTER is determined. Should CITY become aware of any
activity by the CENTER which would jeopardize CITY's position with HUD which would cause
a payback of CDBG fonds or other CITY federal funds then CITY may take appropriate action
including injunctive relief against the CENTER to prevent the transaction as aforesaid. The
failure of CITY to exercise this right shall in no way constitute a waiver by CITY to demand
payment or seek any ober relief in law or in equity to which it may be justly entitled.
7.8. Pending Litigation
The CENTER agrees to inform CITY about any litigation the CENTER is, or becomes,
involved in.
7.9. Background Checks
The CENTER agrees to conduct a criminal background check on all employees working
directly with youth.
6
SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accorurting Standards
The CENTER 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
The CENTER shall administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
8.2. Documentation and Record Keeping
A. Record Keeping
The CENTER 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, 24 CFR 84.21-28
and OMB Circular A-110; and
5. Other records necessary to document compliance with Subpart K of 24
CFR 570.
B. Retent_on
The CENTER 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 befo_e 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.
7
C. Client Data
The CENTER 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 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
The CENTER 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 CITY's or the CENTER's responsibilities with respect to services provided
under this contract is prohibited by the U.S. Privacy Act of 1974 unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
E. Close -Outs
The CENTER's obligation to 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 the return of all unused materials,
equipment, unspent cash advances, program income balances, and receivable accounts to CITY),
and determining custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the CENTER has control over CDBG
funds, including program income.
F. Audits & Inspections
All the CENTER's records with respect to any matters covered by this Agreement shall
be made available to CITY, grantor agency, their designees or the Federal Government, at any
time during normal business hours, as often as 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 the CENTER within thirty (30) days after receipt by the
CENTER. Failure of the CENTER to comply with the above audit requirements will constitute a
violation of this contract and may result in the withholding of future payments. The CENTER
hereby agrees to have an annual agency audit conducted in accordance with current CITY policy
concerning the CENTER's audits and OMB Circular A-133.
8.3. Reporting and Payment Procedures
A. Program Income
The CENTER shall report quarterly all program income, as defined at 24 CFR 570.504,
generated by activities carried out with CDBG funds made available under this contract. The use
8
of program income by the CENTER shall comply with requirements set forth in 24 CFR
570.504. By way of farther limitations, the CENTER 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 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 CITY, Reporting of
any such program income shall, at 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, the CENTER will develop an indirect cost allocation plan
for determining the CENTER's appropriate share of administrative costs and shall submit such
plan to CITY for approval.
C. Payment Procedures
CITY will pay to the CENTER funds available under this Agreement based on
information submitted by the CENTER and consistent with an approved budget and CITY
policies concerning payments. With the exception of certain advances, payments will be made
for eligible expenses actually incurred by the CENTER, and not to exceed actual cash
requirements. Payments will be adjusted by CITY in accordance with advance fund and
program income balances available under this contract for costs incurred by CITY on the behalf
of the CENTER.
D. Progress Reports
The CENTER shall submit regular Monthly Progress Reports to CITY in the form,
content, and frequency as required by 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
CITY and the CENTER 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 CITY and the CENTER.
9
8.4. Procurement
A. Compliance
The CENTER shall maintain real property inventory records, which clearly identifies any
properties purchased, improved or sold using funds provided under this Agreement. Property
retained shall continue to meet eligibility criteria and shall conform to the "changes in use"
restrictions specified in 24 CFR Parts 570.503(b)(8). All program assets (unexpended advanced
funds) shall revert b CITY upon termination of this Agreement. The only authorized
expenditures of fun& shall be those items and indirect costs provided in Section III of this
Agreement.
B. OMB Standards
The CENTER 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 arr. referenced in 24 CFR Part 84, titled "Common Rule".
C. Travel
The CENTER shall obtain written approval from CITY for any travel outside the
metropolitan area witi funds provided under this Agreement. CITY shall determine that such
travel is necessary and reasonable according to applicable standards outlined in OMB Circular
A87.
8.5. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shalt 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. The CENTER agrees that should it discontinue the services as provided for
herein, or upon the expiration or termination of this Agreement, then the CENTER shall transfer
to CITY all unexpended CDBG funds on hand and any accounts receivable attributable to the
use of funds under this Agreement, as determined at the time of the expiration, discontinuance or
termination of this Agreement, within ten (10) days from the time of expiration, discontinuance,
or termination of services. The funds remaining will be appropriated to eligible CDBG activities
in keeping with CITY's budgetary process.
B. Real property under the CENTER'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 Natioial Objectives pursuant to 24 CFR 570.208 until five (5) years after
expiration of this Agreement. If the CENTER fails to use CDBG-assisted real property in a
manner that meets a CDBG National Objective for the prescribed period of time, the CENTER
shall pay CITY an amunt equal to the current fair market value of the property less any portion
10
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 CITY. The CEN IER may
retain real property acquired or improved under this Agreement after the expiration of the five-
year period.
C. In all c ases in which equipment acquired, in whole or in part, with funds under
this Agreement is sole, 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 the CENTER for activities under this Agreement shall be (a) transferred to CITY for
the CDBG program cc (b) retained after compensating CITY an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment.
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. The CENTER agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at
49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the
HCD Act; and 9c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. The CENTER shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition
or conversion for a CDBG-assisted project. The CENTER 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
The CENTER 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
The CENTER 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
11
assistance under this Agreement based on the grounds of race, color, religion, sex, ancestry,
national origin or handicap. In order to allow CITY to monitor non-discrimination, the CENTER
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.
The CENTER will not discriminate against any employee or applicant for employment
because of race, colo; religion, sex, ancestry, national origin, or other handicap, age, marital
status, or status with regard to public assistance. The CENTER 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 advertisirr;, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CENTER 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.
The CENTER agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulation, and executive orders referenced in 24 CFR 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section
109 of the Housing and Community Development Act (42 U.S.C. 5301 et seq.).
C. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of
land acquired, cleared or improved with assistance provided under this Agreement, the CENTER
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 CITY and the United States are beneficiaries of and entitled to enforce such
covenants. The CENTER, 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
The CENTE1 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. CITY shall provide the CENTER with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this Agreement.
10.2. Affirmative Aztion
A. Approved Plan
The CENTER agrees that it shall be committed to carry out pursuant to CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
12
Presidents Executive Order 11246 of September 24, 1966. CITY shall provide Affirmative
Action guidelines to the CENTER to assist in the formulation of such program. The CENTER
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)
The CENTER 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. The CEN 1'ER may rely on written representations by businesses regarding
their status as minority and female business enterprises in lieu of an independent investigation.
C. Access to Records
The CENTER shall furnish and cause each of its own subcontractors to furnish all
information and repots required hereunder and will permit access to its books, records and
accounts by CITY, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
D. Notifications
The CEN 1'ER 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 contra ;ting officer, advising the labor union or worker's representative of the
CENTER's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
E. Equalmployment Opportunity and Affirmative Action (EEO/AA) Statement
The CENTER will, in all solicitations or advertisements for employees placed by or on
behalf of the CENTER, state that it is an Equal Opportunity or Affirmative Action employer.
F. Subcontract Provisions
The CENTER_ will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that
such provisions will be binding upon each of its own subcontractors.
13
10.3. Employment Restrictions
A. Prohibited Activity
The CENTER 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
The CENTER 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 is amended, the provisions of Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
The CENTER agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.)
and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
CENTER shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to CITY for review upon
request.
The CENTER agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) uits, all contractors engaged under contracts
in excess of $2,000.O0 for construction, renovation or repair work financed in whole or in part
with assistance provicl d under this Agreement, shall comply with Federal requirements adopted
by CITY pertaining to such contracts and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than
those required under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve the CENTER of its obligation, if any, to require payment of the higher wage.
The CENTER shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provision3 meeting the requirement of this paragraph.
C. "Secticin 3" Clause
1. Compliance
Compance 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 CITY, the
CENTER and any of the CENTER's subcontractors. Failure to fulfill these requirements shall
subject CITY, the CENTER and any of the CENTER's subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The CENTER certifies and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
14
The CENTER 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 fpr low- and very low-income persons residing in the metropolitan
area in which [ie project is located."
The CENTER 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 Icw and very low-income persons residing within the metropolitan area in
which the CDBG-funied project is located; where feasible, priority should be given to low -and
very law -income persons within the service area of the project or the neighborhood in which the
project is located, and to low and very low-income participants in other HUD programs; and
award contracts for work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead-based pain hazards), housing construction, or other public
construction project Va 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 feasikle, 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.
The CENTER certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
2. Notifications
The CENTER agrees to send to each labor organization or representative of
workers with which il 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 clause and shall post copies of the notice in conspicuous places to
employees and applicants for employment or training.
3. Subcontracts
The CENTER 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. The CENTER will not subcontract with
15
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
The CENTER shall not assign or transfer any interest in this Agreement without the
prior written consent of CITY.
B. Subcontracts
1. Approvals
The CENTER shall not enter into any subcontracts with any agency or individual in the
performance of this contract without written consent of CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
The CENTER will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with evidence of follow-up actions taken to correct areas of noncompliance.
3. Content
The CENTER shall cause all of the provisions of this contract in its entirety to be
included in and made a part of any subcontract executed in the performance of this Agreement.
4. Selection Process
The CENTER 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 CITY
along with documentation concerning the selection process.
C. Hatch Act
The CENTER 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.
16
D. Conflict of Interest
The CENTER 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. The CENTER 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 the CENTER 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 inte_est 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 CITY, the CENTER
or any designated public agencies which are receiving funds under the CDBG Entitlement
program.
E. Lobbying
The CENTER 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 Ioan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
17
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, 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. Religicus Organization
The CENTER 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
The CENTER agrees to comply with the following requirements insofar as they apply to
the performance of this Agreement:
A. Clean Air Act, 42 U.S.C., 7401, et seq.;
B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued theryunder; and
C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50,
as amended.
18
11.2. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the CENTER 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
The CENTER 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
The CENTER 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.
SECTION XII:
SEVARABILITY
12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
SECTION XIII:
SECTION HEADINGS AND SUBHEADINGS
13.1. The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
19
SECTION XIV:
WAIVER
14.1. CITY' s failure to act with respect to a breach by the CENTER does not waive its right to
act with respect to subsequent or similar breaches. The failure of 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.
Appr ved as to form:
Stephan' . Sheets, Cita Attorney
CITY:
City of Round Rock
ALAN MCGRAW, Mayor
ATTEST:
OartiA/114,12.1)tt
SARA WHITE
City Secretary
CENTER:
Round Rock Area Serving Center
20
City of Round Rock
Community Development Block Grant Program
Self Declaration of Income Program Year 2010-2011
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 requ'ed to provide documentation to support the self -declaration of income.
Client Data:
Applicant: SSN#:
Address: City Zip
Program beneficiary, if different from Applicant. A separate form must be completed for each child in the same
family who Is participating in a program.
Name: SSN#
Address: City Zip
Female Head of Household: ['Yes ❑No ('Yes" if you are a single parent with children)
Ethnicity: HISPANIC or LATINO ri YES ❑ NO
RACE (check one):
❑ White (W) ❑ Am Indian/Alaskan Native (Al)
❑ Black/African-Amer, ; ❑ Native Hawaiian/Other Pacific
Is=ander (HI)
Asian El Am. Indian/Alaskan Native & White
(IAW)
El Asian & White (AW)
El Black African American &
White (BW)
0 Am Indian/Alaskan Native &
Blk (IAB)
❑ Other Multi- j
Racial (0)
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 AMOUNT
THAT IS CLOSEST TO FAMILY INCOME
FY 2010 INCOME LIMIT
CATEGORY 1 Person 2 Person 3 Person
Very low (50%) Income
Limits
Extremely Low (30%)
Income Limits
Low (80%)
Income Limits
4 Person 5 Person 6 Person 7 Person 8 Person
825,850.00
515,550.00
841,353.00
829,550.00
817,750.00
$47,250.00
$33,250.00
819,950.00
853,150.00
536,900.00
522,150.00
$59,050.00
539,900,00
$23,950.00
563,800.00
84,2,850.00
525,700.00
868,500.09
545,800.00
$27,500.00
573,250.00
$48,750.00
529,250.00
877,950.00
Number of persons living in household: Number of adults (18 yrs and older) living in household:
Updated September 2010
EXHIBIT
City of Round Rock
Community Development Block Grant Program
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:
ProgramlActivity Name:
HUD Income guidelines used to certify client dated: MAY 20, 2010
Based upon client information provided, client household: (check one)
o Does meet income qualifications
o Does not meet income qualifications
Reviewer's Signature: Date:
Updated September 2010
Unduplicated Clients
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EXHIBIT 1