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R-10-10-28-10D3 - 10/28/2010RESOLUTION NO. R -10-10-28-10D3 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 Foundation Communities ("Foundation") to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Agreement with Foundation to provide income tax preparation to low and moderate income households, 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 Foundation Communities, 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. a'i'l /�- ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary Of wdox\SCClnts\0112\1005\MUNICIPAL\00205 708.DOC/rmc 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 the City of Round Rock, a Texas home -rule municipality (herein called the "CITY") and the Foundation Communities, a Texas non-profit corporation (herein called the "FOUNDATION"). WHEREAS, the CITY has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the CITY wishes to engage the FOUNDATION to assist the 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 FOUNDATION will be responsible for administering a Community Development Block Grant ("CDBG") Year 2010 program known as the Community Tax Center program in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG Program: Program Delivery Activity #1: Operate a Community Tax Center at the Round Rock Public Library, providing free income tax preparation for 1,000 qualified low and moderate income households totaling an estimated 2,200 individuals. General Administration General administration of the FOUNDATION's activities will be carried out by the Executive Director. 147023.doc/jmr 1 4 EXHIBIT /,A„ 1.2 National Objectives The FOUNDATION certifies that the activities carried out under this Agreement shall meet the national objective to benefit low and moderate income persons by providing free income tax preparation services to low to moderate income families through the Community Tax Center 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 FOUNDATION agrees to provide the following program services: Activity Units of Service Per Month Total Units per Year Activity #1: 333 1,000 Units of Service for Activity #1 shall be defined as: one household 1.4. Staffing To undertake the activities described above and accomplish the levels of service described above, the FOUNDATION will allocate staff time in support of the program funded under this Agreement as follows: Title Hrs. per Week # of Weeks = Estimated Hours Tax Center Manager 35 12 = 420 Bilingual Intake Specialist (paid) 35 12 = 420 Program Director 5 12 = 60 Volunteer coordinator 5 12 = 60 Tax Preparers (volunteer) 184 12 = 2,160 Timeframe: October 1, 2010 through September 30, 2011 Any changes in the key personnel assigned or their general responsibilities under this program are subject to the prior approval of the CITY. 1.5. Performance Monitoring The CITY will monitor the performance of the FOUNDATION against the goals and performance standards required herein. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the FOUNDATION within thirty (30) days after being notified by 2 the CITY, contract suspension or termination procedures will be initiated in accordance with Section VII of this Agreement. SECTION II: TIME OF PERFORMANCE Services of the FOUNDATION shall start on the 1st 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 FOUNDATION remains in control of CDBG funds or other assets including program income. SECTION III: BUDGET Line Item Amount Salary ( Tax Center Manager) $7,840 Salary (Other Tax Center staff) $5,660 Supplies (Paper, printed forms ) $558 $14,058 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 FOUNDATION shall provide such supplementary budget information in a timely fashion in the form and content prescribed by CITY. SECTION IV: PAYMENT It is expressly agreed the total amount to be paid by the CITY under this Agreement shall not exceed $14,058.00. 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 FOUNDATION's financial management system in accordance with the standards specified in Appendix A to this Agreement. SECTION V: NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. 3 Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Notices made pursuant to this Agreement shall be directed to the following representatives: CITY: FOUNDATION: Elizabeth Alvarado Community Development Coordinator Foundation Communities Nora Keane City of Round Rock Director of Institutional Giving 221 East Main Street 3036 S 1st St. Round Rock, Texas 78664 Austin TX 78704-6382 Telephone: 512-341-3328 Telephone: 512-447-2026 Fax: 512-341-3301 Fax: 512-447-0288 e-mail: lalvarado@round-rock.tx.us e-mail: nora.keane@foundcom.org SECTION VI: SPECIAL CONDITIONS The FOUNDATION 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) the FOUNDATION does not assume the CITY's environmental responsibilities, if any, described in 24 CFR 570.604; and (2) the FOUNDATION does not assume the CITY'S responsibility, if any, for initiating the review process under the provision of 24 CFR Part 52. The FOUNDATION 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 FOUNDATION 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 FOUNDATION is an independent contractor and shall not be considered an employee of the CITY. The FOUNDATION shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. 4 The CITY shall be exempt from payment of all unemployment compensation, FICA and retirement benefits, as the FOUNDATION is an independent contractor. The FOUNDATION shall not be within protection or coverage of the CITY'S Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance that the CITY from time to time may have in force and effect. 7.3. Hold Harmless The FOUNDATION shall indemnify, save harmless and exempt the CITY, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney fees and any and all other costs or fees incident to any work done as result of this Agreement and arising out of a willful or negligent act or omission of the FOUNDATION, its officers, agents, servants, and employees; provided, however, that the FOUNDATION shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the CITY, its officers, agents, servants and employees, or third parties. 7.4. Worker's Compensation The FOUNDATION shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 7.5. Insurance and Bonding The FOUNDATION shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the CITY. 7.6. Amendments The terms and conditions of this Agreement, including the attachments listed below, constitute the entire agreement between the parties and supersedes all previous communications, representations, or agreements, either written or oral, with respect to the subject matter hereof. No modification or amendment to this Agreement will be binding on either party unless acknowledged in writing by their duly authorized representatives. Attachments: a. Exhibit A — Self Certification Form b. Exhibit B — Client Data / Beneficiary Report Form c. Appendix A — OMB Circular A-122, Cost Principles for Non -Profit Organizations d. Appendix B — OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations e. Appendix C — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities f. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration g. Appendix E — 24 CFR 570 CDBG Regulations Subpart K, Other Requirements 5 7.7. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial terminations of the Scope of Service in Paragraph 1.1 above may only be undertaken with the prior approval of the CITY. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by the FOUNDATION under this Agreement shall, at the option of the CITY, become property of the CITY. The CITY may also suspend or terminate this Agreement, in whole or in part, if the FOUNDATION 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 FOUNDATION 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 FOUNDATION to the CITY reports that are incorrect or incomplete in any material respect. The CITY may declare the FOUNDATION ineligible for any further participation in CITY contracts, in addition to other remedies as provided by law. Should the FOUNDATION fail to cure or correct such defects or failures identified by the CITY within the fifteen (15) days after notification of deficiencies, and such breach of contract relate to a violation of federal law or regulations which results in a demand for reimbursement from the Department of Housing and Urban Development (HUD) or its successor, the CITY may seek reimbursement of all funds from the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall not be relieved of the liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the FOUNDATION and the CITY may withhold any payments to the FOUNDATION for the purpose as set out and until such time as the exact amount of damages due the CITY from the FOUNDATION is determined. Should the CITY become aware of any activity by the FOUNDATION which' would jeopardize the CITY's position with HUD which would cause a payback of CDBG funds or other CITY federal funds then the CITY may take appropriate action including injunctive relief against the FOUNDATION to prevent the transaction as aforesaid. The failure of the CITY to exercise this 6 right shall in no way constitute a waiver by the CITY to demand payment or seek any other relief in law or in equity to which it may be justly entitled. 7.8. Pending Litigation The FOUNDATION agrees to inform CITY about any litigation the FOUNDATION is or becomes in involved in. 7.9. Background Checks The FOUNDATION agrees to conduct a criminal background check on all employees working directly with youth. SECTION VIII: ADMINISTRATIVE REQUIREMENTS 8.1. Financial Management A. Accounting Standards The FOUNDATION 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 FOUNDATION 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 FOUNDATION 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; 7 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 FOUNDATION 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. r. Client Data The FOUNDATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address and annual household income level as shown in Exhibit "A", attached hereto and incorporated herein. Any other basis for determining eligibility must be approved by the CITY in advance in writing, and description of services provided. Such information shall be made available to CITY monitors or their designees upon request. D. Disclosure The FOUNDATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY's or the FOUNDATION'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 FOUNDATION's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the CITY), and determining custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the FOUNDATION has control over CDBG funds, including program income. F. Audits & Inspections 8 All the FOUNDATION's records with respect to any matters covered by this Agreement shall be made available to the CITY, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the CITY or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the FOUNDATION within thirty (30) days after receipt by the FOUNDATION. Failure of the FOUNDATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The FOUNDATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning the FOUNDATION's audits and OMB Circular A-133, attached hereto as Appendix B. 8.3. Reporting and Payment Procedures A. Program Income The FOUNDATION shall report quarterly all program income, as defined at 24 CFR 570.504, generated by activities carried out with CDBG funds made available under this contract. The use of program income by the FOUNDATION shall comply with requirements set forth in 24 CFR 570.504. By way of further limitations, the FOUNDATION may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. Reporting of any such program income shall, at 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 FOUNDATION will develop an indirect cost allocation plan for determining the appropriate the FOUNDATION's share of administrative costs and shall submit such plan to the CITY for approval. C. Payment Procedures The CITY will pay to the FOUNDATION funds available under this Agreement based on information submitted by the FOUNDATION 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 FOUNDATION, and not to exceed actual cash requirements. Payments will be adjusted by the CITY in accordance with advance fund and program income balances available under this contract for costs incurred by the CITY on the behalf of the FOUNDATION. D. Progress Reports 9 The FOUNDATION shall submit regular Monthly Progress Reports to the CITY in the form, content, and frequency as required by the CITY. These shall include but not be limited to summary of expenditures, list of beneficiaries and a brief narrative of accomplishments. Beneficiary reports should be submitted on Exhibit "B", attached hereto and incorporated herein unless an alternative report is approved by CITY in advance and in writing. E. Budgets The CITY and the FOUNDATION may agree to revise the budget, provided in Section III above, from time to time in accordance with existing CITY policies. Any amendments to the budget must be approved in writing by both the CITY and the FOUNDATION. 8.4. Procurement A. Compliance The FOUNDATION shall maintain real property inventory records, which clearly identifies any properties purchased, improved or sold using funds provided under this Agreement. Property retained shall continue to meet eligibility criteria and shall conform to the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). All program assets (unexpended advanced funds) shall revert to the CITY upon termination of this Agreement. The only authorized expenditures of funds shall be procurement of food and vehicle expenses as described herein. B. OMB Standards The FOUNDATION 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 FOUNDATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. The CITY shall determine that such travel is necessary and reasonable according to applicable standards outlined in OMB Circular A87. 8.5. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503 and 570.504, as applicable, which include but are not limited to the following: 10 A. The FOUNDATION agrees that should it discontinue the services as provided for herein, then the FOUNDATION shall transfer to the CITY all unexpended CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement within ten (10) days from the time of expiration, cancellation, or termination of services. The funds remaining will be appropriated to eligible CDBG activities in keeping with the CITY's budgetary process. B. Real property under the FOUNDATION'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 FOUNDATION fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the FOUNDATION shall pay the CITY an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the CITY. The FOUNDATION 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 FOUNDATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. SECTION IX: RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT 9.1. The FOUNDATION 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 FOUNDATION 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 FOUNDATION also agrees to comply with applicable CITY ordinances, resolutions and policies concerning the displacement of persons from their residences. 10.1. Civil Rights SECTION X: PERSONNEL & PARTICIPANT CONDITIONS 11 A. Compliance The FOUNDATION 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 FOUNDATION will not cause any person to be excluded from participation in, denied the benefits of, or subjected to discrimination under any of the program's activities receiving assistance under this Agreement based on the grounds of race, color, religion, sex, ancestry, national origin or handicap. In order to allow the CITY to monitor non-discrimination, the FOUNDATION 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 FOUNDATION 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 FOUNDATION will take affirmative action to insure all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FOUNDATION agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. C. 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 FOUNDATION shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the CITY and the United States are beneficiaries of and entitled to enforce such covenants. The FOUNDATION, 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 12 The FOUNDATION agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706) or applicable updates which prohibits discrimination against the handicapped in any federally assisted program. The CITY shall provide the FOUNDATION 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 FOUNDATION agrees that it shall be committed to carry out pursuant to the CITY's specifications an Affirmative Action Program in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative Action guidelines to the FOUNDATION to assist in the formulation of such program. The FOUNDATION 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 FOUNDATION 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 FOUNDATION may relay on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Access to Records The FOUNDATION shall furnish and cause each of its own subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. D. Notifications The FOUNDATION 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 FOUNDATION's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 13 E. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The FOUNDATION will, in all solicitations or advertisements for employees placed by or on behalf of the FOUNDATION, state that it is an Equal Opportunity or Affirmative Action employer. F. Subcontract Provisions The FOUNDATION will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10.3. Employment Restrictions A. Prohibited Activity The FOUNDATION 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 FOUNDATION 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 FOUNDATION 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 FOUNDATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. The FOUNDATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the FOUNDATION of its obligation, if any, to require payment of the higher wage. The FOUNDATION 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 14 1. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the CITY, the FOUNDATION and any of the FOUNDATION's subcontractors. Failure to fulfill these requirements shall subject the CITY, the FOUNDATION and any of the FOUNDATION's subcontractors, their successors and assigns, to those sanctions . specified by the Agreement through which Federal assistance is provided. The FOUNDATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The FOUNDATION 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 FOUNDATION 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 FOUNDATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 15 2. Notifications The FOUNDATION 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 FOUNDATION 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 FOUNDATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 10.4. Conduct A. Assignability The FOUNDATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY. B. Subcontracts 1. Approvals The FOUNDATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without written consent of the CITY prior to the execution of such Agreement. 2. Monitoring of Subcontractors The FOUNDATION 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 FOUNDATION 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 16 The FOUNDATION shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. C. Hatch Act The FOUNDATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. D. Conflict of Interest The FOUNDATION 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 FOUNDATION 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 FOUNDATION shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBD-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. These conflict of interest provisions apply to "covered persons" which shall include any person who is an employee, agent, consultant, officer, or elected official of the CITY, the FOUNDATION or any designated public agencies which are receiving funds under the CDBG Entitlement program. E. Lobbying The FOUNDATION 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 17 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 funs other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 4. of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly: 4. Lobbying Certification This certification is a material representation of a fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. F. Copyright If this Agreement results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. G. Religious Organization The FOUNDATION 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 FOUNDATION agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 18 A. Clean Air Act, 42 U.S.C., 7401, et seq.; B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. 11.2. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the FOUNDATION 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 FOUNDATION 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 FOUNDATION 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. 19 SECTION XII: SEVARABILITY 12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIII: SECTION HEADINGS AND SUBHEADINGS 13.1. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XIV: WAIVER 14.1. The CITY's failure to act with respect to a breach by the FOUNDATION does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. IN WITNESS WHEREOF, this Agreement is executed as of the date first written above. Approved as to form: Stephan L. Sheets, City Attorney CITY: FOUNDATION: City of Round Rock Foundation Communities ALAN MCGRAW, Mayor Name: w,l�-{-2MoRt-nu ATTEST: Title: oleo/Dv 1710E (Z SARA WHITE City Secretary 20 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. 10D3. Agenda Caption: Consider a resolution authorizing the Mayor to execute a 2010-2011 Community Development Block Grant Agreement with Foundation Communities Tax Center in the amount of $14,058.00. Meeting Date: October 28, 2010 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: Requesting execution of a Subrecipient Agreement with Foundation Communities Tax Center in the amount of $14,058.00. Funds will be used to pay salaries for Tax Center Manager and other Tax Center staff and office supplies. Strategic Plan Relevance: 8.0 — Maintain and enhance public confidence, satisfaction and trust in City Government Cost: $14,058.00 Source of Funds: CDBG HUD Entitlement Funds Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS THE STATE OF TEXAS COUNTY OF WILLIAMSON COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (B -10 -MC -48-0514) THIS AGREEMENT, entered into thisZ day of ikeriY; 2010 by and between the City of Round Rock, a Texas home -rule municipality (herein called the "CITY") and the Foundation Communities, a Texas non-profit corporation (herein called the "FOUNDATION"). WHEREAS, the CITY has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the CITY wishes to engage the FOUNDATION to assist the CITY in utilizing such funds; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein the parties agree as follows: SECTION I: SCOPE OF SERVICES 1.1. Activities The FOUNDATION will be responsible for administering a Community Development Block Grant ("CDBG") Year 2010 program known as the Community Tax Center program in a manner satisfactory to the CITY and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG Program: Program Delivery Activity #1: Operate a Community Tax Center at the Round Rock Public Library, providing free income tax preparation for 1,000 qualified low and moderate income households totaling an estimated 2,200 individuals. General Administration General administration of the FOUNDATION's activities will be carried out by the Executive Director. 1 4 7023.doc/jmr 1 2 lv-ID-2$• 1005 1.2 National Objectives The FOUNDATION certifies that the activities carried out under this Agreement shall meet the national objective to benefit low and moderate income persons by providing free income tax preparation services to low to moderate income families through the Community Tax Center 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 FOUNDATION agrees to provide the following program services: Activity Units of Service Per Month Total Units per Year Activity #1: 333 1,000 Units of Service for Activity #1 shall be defined as: one household 1.4. Staffing To undertake the activities described above and accomplish the levels of service described above, the FOUNDATION will allocate staff time in support of the program funded under this Agreement as follows: Title Hrs. per Week # of Weeks = Estimated Hours Tax Center Manager 35 12 = 420 Bilingual Intake Specialist (paid) 35 12 = 420 Program Director 5 12 = 60 Volunteer coordinator 5 12 = 60 Tax Preparers (volunteer) 184 12 = 2,160 meframe: October 1, 2010 through September 30, 2011 Any changes in the key personnel assigned or their general responsibilities under this program are subject to the prior approval of the CITY. 1.5. Performance Monitoring The CITY will monitor the performance of the FOUNDATION against the goals and performance standards required herein. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the FOUNDATION within thirty (30) days after being notified by 2 the CITY, contract suspension or termination procedures will be initiated in accordance with Section VII of this Agreement. SECTION II: TIME OF PERFORMANCE Services of the FOUNDATION shall start on the 1st 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 FOUNDATION remains in control of CDBG funds or other assets including program income. SECTION III: BUDGET Line Item Amount Salary ( Tax Center Manager) $7,840 Salary (Other Tax Center staff) $5,660 Supplies (Paper, printed forms ) $558 $14,058 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 FOUNDATION shall provide such supplementary budget information in a timely fashion in the form and content prescribed by CITY. SECTION IV: PAYMENT It is expressly agreed the total amount to be paid by the CITY under this Agreement shall not exceed $14,058.00. 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 FOUNDATION's financial management system in accordance with the standards specified in Appendix A to this Agreement. SECTION V: NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. 3 Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Notices made pursuant to this Agreement shall be directed to the following representatives: CITY: FOUNDATION: Elizabeth Alvarado Community Development Coordinator Foundation Communities Nora Keane City of Round Rock Director of Institutional Giving 221 East Main Street 3036 S 1st St. Round Rock, Texas 78664 Austin TX 78704-6382 Telephone: 512-341-3328 Telephone: 512-447-2026 Fax: 512-341-3301 Fax: 512-447-0288 e-mail: lalvarado@round-rock.tx.us e-mail: nora.keane@foundcorn.org SECTION VI: SPECIAL CONDITIONS The FOUNDATION 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) the FOUNDATION does not assume the CITY's environmental responsibilities, if any, described in 24 CFR 570.604; and (2) the FOUNDATION does not assume the CITY'S responsibility, if any, for initiating the review process under the provision of 24 CFR Part 52. The FOUNDATION 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 FOUNDATION 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 FOUNDATION is an independent contractor and shall not be considered an employee of the CITY. The FOUNDATION shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. 4 The CITY shall be exempt from payment of all unemployment compensation, FICA and retirement benefits, as the FOUNDATION is an independent contractor. The FOUNDATION shall not be within protection or coverage of the CITY'S Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance that the CITY from time to time may have in force and effect. 7.3. Hold Harmless The FOUNDATION shall indemnify, save harmless and exempt the CITY, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney fees and any and all other costs or fees incident to any work done as result of this Agreement and arising out of a willful or negligent act or omission of the FOUNDATION, its officers, agents, servants, and employees; provided, however, that the FOUNDATION shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the CITY, its officers, agents, servants and employees, or third parties. 7.4. Worker's Compensation The FOUNDATION shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 7.5. Insurance and Bonding The FOUNDATION shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the CITY. 7.6. Amendments The terms and conditions of this Agreement, including the attachments listed below, constitute the entire agreement between the parties and supersedes all previous communications, representations, or agreements, either written or oral, with respect to the subject matter hereof. No modification or amendment to this Agreement will be binding on either party unless acknowledged in writing by their duly authorized representatives. Attachments: a. Exhibit A — Self Certification Form b. Exhibit B — Client Data / Beneficiary Report Form c. Appendix A — OMB Circular A-122, Cost Principles for Non -Profit Organizations d. Appendix B — OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations e. Appendix C — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities f. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration g. Appendix E — 24 CFR 570 CDBG Regulations Subpart K, Other Requirements 5 7.7. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial terminations of the Scope of Service in Paragraph 1.1 above may only be undertaken with the prior approval of the CITY. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by the FOUNDATION under this Agreement shall, at the option of the CITY, become property of the CITY. The CITY may also suspend or terminate this Agreement, in whole or in part, if the FOUNDATION 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 FOUNDATION 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 FOUNDATION to the CITY reports that are incorrect or incomplete in any material respect. The CITY may declare the FOUNDATION ineligible for any further participation in CITY contracts, in addition to other remedies as provided by law. Should the FOUNDATION fail to cure or correct such defects or failures identified by the CITY within the fifteen (15) days after notification of deficiencies, and such breach of contract relate to a violation of federal law or regulations which results in a demand for reimbursement from the Department of Housing and Urban Development (HUD) or its successor, the CITY may seek reimbursement of all funds from the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall not be relieved of the liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the FOUNDATION and the CITY may withhold any payments to the FOUNDATION for the purpose as set out and until such time as the exact amount of damages due the CITY from the FOUNDATION is determined. Should the CITY become aware of any activity by the FOUNDATION which would jeopardize the CITY's position with HUD which would cause a payback of CDBG funds or other CITY federal funds then the CITY may take appropriate action including injunctive relief against the FOUNDATION to prevent the transaction as aforesaid. The failure of the CITY to exercise this 6 right shall in no way constitute a waiver by the CITY to demand payment or seek any other relief in law or in equity to which it may be justly entitled. 7.8. Pending Litigation The FOUNDATION agrees to inform CITY about any litigation the FOUNDATION is or becomes in involved in. 7.9. Background Checks The FOUNDATION agrees to conduct a criminal background check on all employees working directly with youth. SECTION VIII: ADMINISTRATIVE REQUIREMENTS 8.1. Financial Management A. Accounting Standards The FOUNDATION 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 FOUNDATION 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 FOUNDATION 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; 7 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 FOUNDATION 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. r. Client Data The FOUNDATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address and annual household income level as shown in Exhibit "A", attached hereto and incorporated herein. Any other basis for determining eligibility must be approved by the CITY in advance in writing, and description of services provided. Such information shall be made available to CITY monitors or their designees upon request. D. Disclosure The FOUNDATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY's or the FOUNDATION'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 FOUNDATION's obligation to the CITY shall not end until all closeout requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the CITY), and determining custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the FOUNDATION has control over CDBG funds, including program income. F. Audits & Inspections 8 All the FOUNDATION's records with respect to any matters covered by this Agreement shall be made available to the CITY, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the CITY or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the FOUNDATION within thirty (30) days after receipt by the FOUNDATION. Failure of the FOUNDATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The FOUNDATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning the FOUNDATION's audits and OMB Circular A-133, attached hereto as Appendix B. 8.3. Reporting and Payment Procedures A. Program Income The FOUNDATION shall report quarterly all program income, as defined at 24 CFR 570.504, generated by activities carried out with CDBG funds made available under this contract. The use of program income by the FOUNDATION shall comply with requirements set forth in 24 CFR 570.504. By way of further limitations, the FOUNDATION may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the CITY. Reporting of any such program income shall, at 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 FOUNDATION will develop an indirect cost allocation plan for determining the appropriate the FOUNDATION's share of administrative costs and shall submit such plan to the CITY for approval. C. Payment Procedures The CITY will pay to the FOUNDATION funds available under this Agreement based on information submitted by the FOUNDATION 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 FOUNDATION, and not to exceed actual cash requirements. Payments will be adjusted by the CITY in accordance with advance fund and program income balances available under this contract for costs incurred by the CITY on the behalf of the FOUNDATION. D. Progress Reports 9 The FOUNDATION shall submit regular Monthly Progress Reports to the CITY in the form, content, and frequency as required by the CITY. These shall include but not be limited to summary of expenditures, list of beneficiaries and a brief narrative of accomplishments. Beneficiary reports should be submitted on Exhibit "B", attached hereto and incorporated herein unless an alternative report is approved by CITY in advance and in writing. E. Budgets The CITY and the FOUNDATION may agree to revise the budget, provided in Section III above, from time to time in accordance with existing CITY policies. Any amendments to the budget must be approved in writing by both the CITY and the FOUNDATION. 8.4. Procurement A. Compliance The FOUNDATION shall maintain real property inventory records, which clearly identifies any properties purchased, improved or sold using funds provided under this Agreement. Property retained shall continue to meet eligibility criteria and shall conform to the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). All program assets (unexpended advanced funds) shall revert to the CITY upon termination of this Agreement. The only authorized expenditures of funds shall be procurement of food and vehicle expenses as described herein. B. OMB Standards The FOUNDATION 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 FOUNDATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. The CITY shall determine that such travel is necessary and reasonable according to applicable standards outlined in OMB Circular A87. 8.5. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503 and 570.504, as applicable, which include but are not limited to the following: 10 A. The FOUNDATION agrees that should it discontinue the services as provided for herein, then the FOUNDATION shall transfer to the CITY all unexpended CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement within ten (10) days from the time of expiration, cancellation, or termination of services. The funds remaining will be appropriated to eligible CDBG activities in keeping with the CITY's budgetary process. B. Real property under the FOUNDATION'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 FOUNDATION fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the FOUNDATION shall pay the CITY an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the CITY. The FOUNDATION 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 FOUNDATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. SECTION IX: RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT 9.1. The FOUNDATION 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 FOUNDATION 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 FOUNDATION also agrees to comply with applicable CITY ordinances, resolutions and policies concerning the displacement of persons from their residences. 10.1. Civil Rights SECTION X: PERSONNEL & PARTICIPANT CONDITIONS 11 A. Compliance The FOUNDATION 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 FOUNDATION will not cause any person to be excluded from participation in, denied the benefits of, or subjected to discrimination under any of the program's activities receiving assistance under this Agreement based on the grounds of race, color, religion, sex, ancestry, national origin or handicap. In order to allow the CITY to monitor non-discrimination, the FOUNDATION 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 FOUNDATION 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 FOUNDATION will take affirmative action to insure all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The FOUNDATION agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. C. 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 FOUNDATION shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the CITY and the United States are beneficiaries of and entitled to enforce such covenants. The FOUNDATION, 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 12 The FOUNDATION agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706) or applicable updates which prohibits discrimination against the handicapped in any federally assisted program. The CITY shall provide the FOUNDATION 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 FOUNDATION agrees that it shall be committed to carry out pursuant to the CITY's specifications an Affirmative Action Program in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative Action guidelines to the FOUNDATION to assist in the formulation of such program. The FOUNDATION 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 FOUNDATION 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 FOUNDATION may relay on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. Access to Records The FOUNDATION shall furnish and cause each of its own subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. D. Notifications The FOUNDATION 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 FOUNDATION's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 13 E. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The FOUNDATION will, in all solicitations or advertisements for employees placed by or on behalf of the FOUNDATION, state that it is an Equal Opportunity or Affirmative Action employer. F. Subcontract Provisions The FOUNDATION will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subcontractors. 10.3. Employment Restrictions A. Prohibited Activity The FOUNDATION 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 FOUNDATION 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 FOUNDATION 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 FOUNDATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. The FOUNDATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the FOUNDATION of its obligation, if any, to require payment of the higher wage. The FOUNDATION 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 14 1. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the CITY, the FOUNDATION and any of the FOUNDATION's subcontractors. Failure to fulfill these requirements shall subject the CITY, the FOUNDATION and any of the FOUNDATION's subcontractors, their successors and assigns, to those sanctions . specified by the Agreement through which Federal assistance is provided. The FOUNDATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The FOUNDATION 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 FOUNDATION 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 FOUNDATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 15 2. Notifications The FOUNDATION 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 FOUNDATION 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 FOUNDATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 10.4. Conduct A. Assignability The FOUNDATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY. B. Subcontracts 1. Approvals The FOUNDATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without written consent of the CITY prior to the execution of such Agreement. 2. Monitoring of Subcontractors The FOUNDATION 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 FOUNDATION 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 16 The FOUNDATION shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. C. Hatch Act The FOUNDATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. D. Conflict of Interest The FOUNDATION 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 FOUNDATION 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 FOUNDATION shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBD-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. These conflict of interest provisions apply to "covered persons" which shall include any person who is an employee, agent, consultant, officer, or elected official of the CITY, the FOUNDATION or any designated public agencies which are receiving funds under the CDBG Entitlement program. E. Lobbying The FOUNDATION 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 17 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 funs other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 4. of this certification be included in the award documents for all subawards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly: 4. Lobbying Certification This certification is a material representation of a fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. F. Copyright If this Agreement results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. G. Religious Organization The FOUNDATION 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 FOUNDATION agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 18 A. Clean Air Act, 42 U.S.C., 7401, et seq.; B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. 11.2. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the FOUNDATION 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 Nation?! 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 FOUNDATION 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 FOUNDATION 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. 19 SECTION XII: SEVARABILITY 12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIII: SECTION HEADINGS AND SUBHEADINGS 13.1. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XIV: WAIVER 14.1. The CITY's failure to act with respect to a breach by the FOUNDATION does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. 1N WITNESS WHEREOF, this Agreement is executed as of the date first written above. Approved as to form: L. Sheets, City Attorney CITY: City of Round Rock rn� ALAN MCGRAW, Mayor ATTEST: tikfOtt. SARA WHITE City Secretary FOUNDATION: Foundation Communities / 1 ateL Nan% : +,i,'i t -T- A-/WEitts Title: 6 x(v� ivcF 2//21.;(1--4-- 20