CM-2018-1946 - 11/16/2018CDBG Grant No. B -18 -MC -48-0514
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
TI IIS AGREEMENT, entered into tl &/tay of dW 2018 by and
between the City of Round Rock, a Texas home -rule municipality (herein called "CITY") and
Round Rock Area Serving Center (herein called "SUBRECIPIENT").
WHEREAS, CITY has applied for and received funds from the United States
Government under Title I of the Housing and Community Development Act of 1974, Public Law
93-383; and
WHEREAS, CITY wishes to engage SUBRECIPIENT to assist CITY in utilizing such
hinds;
N041`, THEREFORE, in consideration of the mutual covenants and agreements
contained herein the parties agree as follows:
SECTION 1:
SCOPE OF SERVICES
1.1. Activities
SUBRECIPIENT will be responsible for administering a Community Development
Block Grant ("CDBG") Year 2018-2019 program known as the provision of rental and mortgage
assistance and short-term shelter consistent with any standards required as a condition of
providing these funds. Such program will include the following activities eligible wider the
CDBG Program:
Program Delivery
Activity:
To provide rental and mortgage assistance to low-income families and fixed income
elderly persons to prevent eviction. Assistance will also include short-term temporary
shelter for homeless and stranded people.
General Administration
The Executive Director of SUBRECIPIENT ("Executive Director") will provide
administrative oversight for the program.
G",,2 0/ 9�,
41?337 THC
RRASC Subrecipient Agreement Ifousing Assistance
1.2 National Obiectives
SUBRECIPIENT certifies that the activities carried out under this Agreement shall meet
the national objective of benefiting low -and moderate -income persons by providing emergency
grant payments to low -to moderate -income residents to assist with rent or mortgage payments.
As such the SUBRECIPIENT shall be responsible for ensuring that all activities and
beneficiaries meet the definition of
❑
LMA
Low Mod Arca Benefit
❑X
LMC -
Low Mod Clientele Benefit or presumed Low Mod Clientele
❑
LMH
Low Mod Housing Benefit
❑
LMJ
Low Mod .lob Benefit
1.3. Le% els of Accomnlishment_ Goals and Performance Measures
In addition to normal administrative services required as part of this Agreement,
SUBRECIPIENT agrees to provide the following program services:
Activity
Funds will be used to assist low -to
moderatc-income residents with rent
or mortgage payments
Unduplicated Clients Receiving Program
Services Per Year
250 unduplicated clients
Duplicate services to a unique client are permissible in order to maintain continuity with current
client cases and insure service completion. Duplicate clients shall not be counted towards
SUBRECIPIENT's goals and performance measures.
Goal Outcome
To assist 250 households with assistance towards rent To help low-income
or mortgage payment who are experiencing a financial families avoid
crisis with their housing payment. displacement, eviction,
and homelessness
Program deliverables shall be submitted as follows:
Program Deliverable
Deliverable Supporting
Documentation
Submission Schedule
Within thirty (30) days of
Special Grant
Policies as stated in this
Condition Policies
agreement
agreement execution
(Section VI)
j
Insurance
Insurance Certificate
Annually within thirty
30) days of renewal
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Detailed project
Project Schedule
'Within thirty (30) days of
Schedule
agreement execution and
annually thereafter (if
applicable)
Submission of
Exhibit D
Monthly
Progress Report
Financial and
NIA
Annually one hundred
Compliance Audit
eighty (180) days after FY
end until 2019
1.4. Staffer
To undertake the activity described above and accomplish the levels of service described
above, SUBRECIPIENT will allocate staff time in support of the program funded under this
Agreement as follows:
Title I Hrs. per Week
Executive Director 1 5
Timeframe: October 1, 2018 thl-ough July 1, 2019
# of Weeks =
39 =
Estimated Hours
195
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of CITY.
SECTION II:
TIME OF PERFORMANCE
2.1 Services of SUBRECIPIENT shall start on the October 1, 2018. This Agreement shall
expire on July 1, 2019, unless extended in writing by SUBRECIPIENT and CITY, except as
provided below. SUBRECIPIENT shall complete all services contemplated by this Agreement
prior to its expiration.
2.2 Notwithstanding Section 2.1, the term of this Agreement shall automatically be extended
for as long as SUBRECIPIENT has control o%er CDBG funds, including program income.
2.3 If the tenn of this Agreement is extended pursuant to Section 2.2, the term of this
Agreement shall expire upon the disposition of the CDBG funds by SUBRECIPIENT, or
remittance of the CDBG funds, including program income, to CITY by SUBRECIPIENT.
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SECTION III:
BUDGET
All funds expended by SUBRECIPIENT pursuant to this agreement shall be expended in
accordance with the following budget:
Housing Assistance Service
Project Component 1: Assist low -to moderate -income residents with rent or
mortgage payments
Federal
Amount
$25.000.00
Total Federal Funds: S25,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and pro,. ide to the City as requested beneficiary income certification
documentation (at least 20°^0 of unduplicated clients)
® Maintain National Objective Documentation
® Provide Monthly reports on National Objectives and project progress
® Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by Community Development
❑ Provide monthly construction and rehabilitation progress reports until completion
of construction and rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504.1 -ADA accessible
❑ Ensure the applicable affordability period for the project is met
.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 SUBRECIPIENT shall provide such supplementary budget information in
a timely fashion in the form and content prescribed by CITY. SUBRECIPIENT may reallocate
funds from one budget line -item above to another budget line -item provided that the level of
program services does not decrease and provided that the CITY's Director of Finance approves
such reallocation in writing.
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SECTION IV:
PAYMENT
It is expressly agreed the total amount to be paid by CITY under this Agreement shall not
exceed 525.000.00. Draw -downs for the payment of eligible expenses shall be made against the
line item budgets provided above and incorporated herein and in accordance with performance as
follows:
Payment Deliverable
Funds will be used to assist low -to
moderate -income residents with rent
or mortgage payments
Payment Supporting
_ Documentation _
Cancelled checks `Exhibit B
& D and any additional
documentation as requested
Submission Schedule
Monthly
Expenses for general administration shall also be paid against the line item budgets
provided above and in accordance with performance Payments %% ill be contingent upon
certification of SUBRECIPIENT's financial management system in accordance with the
standards specified in 24 CFR 84.21.
SECTION V:
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated belo«. unless otherwise modified by subsequent written notice.
Notices made pursuant to this Agreement shall be directed to the following
representatives:
CITY:
Elizabeth Alvarado
Community Development Coordinator
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Telephone: 512-341-3328
Fax: 512-341-3301
e-mail: ealvarado@roundrocktexas.gov
SUBRECIPIENT:
Lori Scott
Executive Director
Round Rock Area Serving Center
1099 East Main Street
Round Rock, TX 78683
Telephone: 512-255-0913
Fax: 512-255-0913
e-mail: lscott@rrasc.org
SECTION VI:
SPECIAL CONDITIONS
SUBRECIPIENT agrees 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 and all federal regulations and policies issued pursuant
to these regulations, except that: (1) SUBRECIPIENT docs not assume CITY's environmental
responsibilities, if any, described in 24 CFR § 570.604; and (2) SUBRECIPIENT does not
assume CITY'S responsibility, if any, for initiating the review process under the provision of 24
CFR Part 52. SUBRECIPIENT further agrees to utilize funds available under this Agreement to
supplement rather than supplant finds otherwise available. Furthermore:
A. Within thirty (30) calendar days of the execution of this agreement, the
SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for
the completion of the project.
B. The following resolutions and policies must be adopted by the
SUBRECIPIENT'S governing body within thirty (30) days of award of this
agreement:
® Affirmative Fair [-lousing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
❑ Procedure for meeting the requirements set forth in Section 3 of the
Housing and Urban Dex elopment Act of 1968, as amended (12U.S.C. 794
l u)
❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
SUBRECIPIENT agrees to comply with all applicable federal, state and local laws,
regulations and policies governing the funds provided under this Agreement.
z
7.2. Independent Contractor
It is understood and agreed that SUBRECIPIENT is an independent contractor and shall
not be considered an employee of CITY. SUBRECIPIENT shall at all times remain an
independent contractor with respect to the services to be performed under this Agreement. CITY
shall be exempt from payment of all unemployment compensation, FICA and retirement benefits
to SUBRECIPIENT, its employees, officers, or other agents, as SUBRECIPIENT is an
independent contractor. SUBRECIPIENT shall not be within protection or coverage of CITY'S
Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance
that CITY from time to time may have in force and effect.
7.3. Hold Harmless
SUBRECIPIENT shall indemnify, save harmless and exempt CITY, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney fees and any and all other costs or fees incident to any
work done as result of this Agreement and arising out of a willful or negligent act or omission of
SUBRECIPIENT, its officers, agents, servants, and employees; provided, however, that
SUBRECIPIENT shall not be liable for any suits, actions, legal proceedings, claims, demands,
damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of
CITY, its officers, agents, servants and employees, or third parties.
7.4. Worker's Com ensation
SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
7.5. Insurance and Bondine
SUBRECIPCENT shall carry sufficient insurance coverage to protect contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket
fidelity bond covering all employees in an amount equal to cash advances from CITY.
7.6. Amendments
The terms and conditions of this Agreement constitute the entire agreement between the
parties and supersede all previous communications, representations, or agreements, either written
or oral, with respect to the subject matter hereof. No modification or amendment to this
Agreement will be binding on either party unless acknowledged in writing by their duly
authorized representatives.
7.7. Suspension or Termination
Partial terminations of the Scope of Services in Paragraph I.I above may only be
undertaken with the prior approval of CITY. The award made pursuant to this agreement may be
terminated for convenience in accordance with 24 CFR § 85.44 by either CITY or
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SUBRECIPIENT by setting forth the reasons for such termination, the effective date, and in the
case of partial termination, the portion to be terminated. However, if in the case of a partial
termination, CITY detennines that the remaining portion of the award will not accomplish the
purpose for which the award was made, CITY may terminate the award in its entirety. In the
event of any termination for convenience, all finished or unfinished documents, data, reports or
other materials prepared by SUBRECIPIENT under this Agreement shall, at the option of CITY,
become property of CITY.
In accordance with 24 CFR 5 $5.43, the CITY may also suspend or terminate this
Agreement, in whole or in part, if SUBRECIPIENT materially fails to comply with any term of
this Agreement, such material failures 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 SUBRECIPIENT to fulfill in a timely and proper
manner its obligations under this Agreement;
C. Ineffective or improper use of fiends provided under this Agreement; or
D. Submission by SUBRECIPIENT to CITY reports that are incorrect or incomplete
in any material respect.
CITY may declare SUBRECIPIENT ineligible for any further participation in CITY
contracts, in addition to other remedies as provided by law. Should SUBRECIPIENT fail to cure
or correct such defects or failures identified by CITY within the fifteen (15) days after
notification of deficiencies, and such breach of contract relate to a violation of federal law or
regulations which results in a demand for reimbursement from the Department of Housing and
Urban Development (HUD) or its successor, CITY may seek reimbursement of all funds paid
from CITY to SUBRECIPIENT under this Agreement.
SUBRECIPIENT shall not be relieved of the liability to CITY for damages sustained by
CITY by virtue of any breach of this Agreement by SUBRECIPIENT and CITY may withhold
any payments to SUBRECIPIENT for the purpose as set out and until such time as the exact
amount of damages due CITY from SUBRECIPIENT is determined. Should CITY become
aware of any activity by SUBRECIPIENT which would jeopardize CITY's position with HUD
which would cause a payback of CDBG funds or other CITY federal funds then CITY may take
appropriate action including injunctive relief against SUBRECIPIENT to prevent the transaction
as aforesaid. The failure of CITY to exercise this right shall in no way constitute a waiver by
CITY to demand payment or seek any other relief in law or in equity to which it may be justly
entitled.
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7.8. Pending Litigation
SUBRECIPIENT agrees to inform CITY about any litigation SUBRECIPIENT is, or
becomes, involved in.
7.9. Background Checks
SUBRECIPIENT agrees to conduct a criminal background check on all employees
working directly with youth.
7.10 Participant Eli6bility
SUBRECIPIENT shall only provide services that benefit from this Agreement to families
that qualify as a "low -and moderate -income household," as that term is defined in 24 CFR §
570.3. SUBRECIPIENT shall require all families served by SUBRECIPIENT pursuant to this
Agreement to establish that such families are a low -and moderate -income household through the
use of documentation such as pay stubs, tax returns, social security statements or other readily
verifiable financial documentation. Pursuant to 24 CFR § 570.3, a low -and moderate -income
household is a household ha% ing an income equal to or less than the Section 8 low-income limit
established from time to time by HUD. The current Section 8 income limits are contained in
Exhibit "A", attached hereto and incorporated herein for all purposes. SUBRECIPIENT
acknowledges that the Section 8 income limits are subject to amendment from time to time and
that the income limits in place at the time SUBRECIPIENT receives an application for service
detennine participant eligibility under this Agreement.
Pursuant to 24 CFR § 570.208 (a)(2)(A), an activity benefits low and moderate -income
persons if it benefits a clientele who are generally presumed to be principally low and moderate
income persons, which includes but is not limited to abused children, battered spouses and
homeless persons. SUBRECIPIENT acknowledges that the criteria found in 24 GFR § 570.208
(a) (2) (B) are subject to amendment from time to time and that the criteria in place at the time
SUBRECIPIENT receives an application for service determine participant eligibility under this
Agreement.
SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
SUBRECIPIENT 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
SUBRECIPIENT shall administer its program in conformance with 2 CFR Part 230
(previously OMB Circular A-122), "Cost Principles for Non -Profit Organizations," or 2 CFR
Part 220 (previously OMB Circular 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 Keepine,
A. Record Keeping
SUBRECIPIENT shall maintain all records required by the federal regulations specified
in 24 CFR § 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:
I . 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 § 570.208;
3. Records required to determine the eligibility of activities under 24 CFR §§
570.201 - 570.206;
4. Financial records as required by 24 CFR § 570.502, 24 CFR S§ 84.21-28
and 2 CER Part 215 (previously OMB Circular A-110); and
5. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
B. Retention
SUBRECIPIENT shall retain all financial records, supporting documents, statistical
records and all other records pertinent to this Agreement for a period of five (5) 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 five-year
period, whichever occurs later.
C. Client Data
SUBRECIPIENT shall maintain client data demonstrating client eligibility for services
provided. Such data shall include, but not be limited to, client name, address and annual
household income level as shown in Exhibit "B", attached hereto and incorporated herein. Any
other basis for determining eligibility must be approved by CITY in advance in writing, and
description of services provided. Such information shall be made available to CITY monitors or
their designees upon request.
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D. Disclosure
SUBRECIPIENT understands that client information collected under this contract is
private and the use or disclosure of such information, when not directly connected with the
administration of CITY's or SUBRECIPIENT's responsibilities with respect to services provided
under this contract is prohibited by the U.S. Privacy Act of 1974 unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
E. Close -Outs
SUBRECIPIENT's obligation to CITY shall not end until all closeout requirements are
completed. Activities during this close-out period shall include, but are not limited to: making
final payments, disposing of program assets (including the return of all unused materials,
equipment, unspent cash advances, program income balances, and receivable accounts to CITY),
and determining custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that SUBRECIPIENT has control over
CDBG funds, including program income.
F. Audits R Inspections
All SUBRECIPIENT's records with respect to any matters covered by this Agreement
shall be made available to CITY, grantor agency, their designees or the Federal Government, at
any time during normal business hours, as often as CITY or grantor agency deems necessary, to
audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in
audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days after receipt by
SUBRECIPIENT. Failure of SUBRECIPIENT to comply with the above audit requirements will
constitute a violation of this contract and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with
current CITY policy concerning SUBRECIPIENT's audits and Section C: Subpart F Audit
Requirements in 2 CFR Part 200 (formerly OMB Circular A-133).
If SUBRECIPIENT expends less than Seven Hundred Fifty Thousand Dollars
($750,000.00) a year in federal awards, then they are exempt from 2 CFR Part 200 Subpart F of
the audit requirements for that year; however, records must be available for review or audit by
appropriate officials of the federal agency, pass-through entity and the General Accounting
Office.
However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars
($750,000.00) a year or more in federal funds, SUBRECIPIENT must, within nine (9) months
from the end of its fiscal year, supply CITY with an audit of revenues and expenditures
conducted by a certified public accountant. Grant funds will automatically be forfeited to CITY
if SUBRECIPIENT fails to submit an audit within the allotted time.
8.3. Reporting and Payment Procedures
A. Program_Income
SUBRECIPIENT shall report and remit all program income, as that term is defined in 24
CER § 570.500(a), to the CITY in accordance with the City of Round Rock Community
Development Block Grant Prograrn Income Policy, attached hereto as Exhibit "C", and
incorporated herein for all purposes.
Any interest earned on cash advances from the U.S. Treasury is not program income and
shall be remitted promptly to the CITY. Pursuant to 24 CFR § 570.500(a)(5) and 24 CFR §
570.503(b)(7), program income does not include proceeds from the disposition of real property
acquired or improved with CDBG funds when the disposition occurs after five (5) years after the
expiration of this Agreement. SUBRECIPIENT agrees that the obligations of SUBRECIPIENT
under this Section 8.3 shall survive the expiration or termination of this agreement and shall
continue for a period of five (5) years following the expiration of this Agreement pursuant to
Section ll, or termination of this Agreement.
B. Indirect Costs
If indirect costs are charged, SUBRECIPIENT will develop an indirect cost allocation
plan for deteniiining SUBRECfPIENT's appropriate share of administrative costs and shall
submit such plan to CITY for approval.
C. Payment Procedures
CITY will pay to SUBRECIPIENT funds available under this Agreement based on
information submitted by SUBRECIPIENT and consistent with an approved budget and CITY
policies concerning payments. With the exception of certain advances, payments will be made
for eligible expenses actually incurred by SUBRECIPIENT, and not to exceed actual cash
requirements. Payments will be adjusted by CITY in accordance with advance fund and
program income balances available under this contract for costs incurred by CITY on the behalf
of SUBRECIPIENT.
D. Progress Reports
SUBRECIPIENT shall submit regular Monthly Progress Reports to CITY in the farm,
content, and frequency as required by CITY. These shall include but not be limited to summary
of expenditures, list of beneficiaries and a brief narrative of accomplishments. Monthly Progress
Reports should be submitted on Exhibit "D", attached hereto and incorporated herein unless an
alternative report is approved by CITY in advance and in writing.
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E. Budgets
CITY and SUBRECIPIENT may agree to revise the budget, provided in Section III
above, from time to time in accordance with existing CITY policies. Any amendments to the
budget must be approved in writing by both CITY and SUBRECIPIENT.
8.4. Procurement
A. Comnliance
SUBRECIPIENT shall maintain inventory records, which clearly identifies any real or
personal property 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 § 570.503(b)(8). All program assets (unexpended advanced
fiends) shall revert to CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be those items and indirect costs provided in Section [ll of this
Agreement.
B. OMB Standards
SUBRECIPIENT shall procure materials in accordance with the requirements of 24 CFR
84.40-48.
C. Travel
SUBRECIPIENT shall obtain written approval from CITY for any travel outside the
metropolitan area with funds provided under this Agreement. CITY shall determine that such
travel is necessary and reasonable according to applicable standards outlined in 2 CFR Part 225
(formerly OMB Circular A87).
8.5. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502, 570.503 and
570.504, as applicable, which include but are not limited to the following:
A. SUBRECIPIENT agrees that should it discontinue the services as provided for
herein, or upon the expiration or termination of this Agreement, then SUBRECIPIENT shall
transfer to CITY all unexpended CDBG funds on hand and any accounts receivable attributable
to the use of funds under this Agreement, as determined at the time of the expiration,
discontinuance or termination of this Agreement, within ten (10) days from the time of
expiration, discontinuance, or termination of services. The funds remaining will be appropriated
to eligible CDBG activities in keeping with CITY's budgetary process.
B. Real property under SUBRECIPIENT'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
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of the CDBG National Objectives pursuant to 24 CFR § 570.208 until five (5) years after
expiration of this Agreement. If SUBRECIPIENT fails to use CDBG-assisted real property in a
manner that meets a CDBG National Objective for the prescribed period of time,
SUBRECIPIENT shall pay 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 CITY. SUBRECIPIENT 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 finds received under this Agreement were used to acquire the equipment). Equipment not
needed by SUBRECIPIENT for activities under this Agreement shall be (a) transferred to CITY
for the CDBG program or (b) retained after compensating CITY an amount equal to the current
fair market value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment,
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. SUBRECIPIENT 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. SUBRECIPIENT 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. SUBRECIPIENT also
agrees to comply with applicable CITY ordinances, resolutions and policies concerning the
displacement of persons from their residences.
SECTION X:
PERSONNEL & PARTICIPANT CONDITIONS
10.1. Civil Riehts
A. Compliance
SUBRECIPIENT 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 I975, Executive Order 11063, and with Executive Order
11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
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B. Nondiscrimination
SUBRECIPIENT will not cause any person to be excluded from participation in, denied
the benefits of, or subjected to discrimination under any of the program's activities receiving
assistance under this Agreement based on the grounds of race, color, religion, sex, ancestry,
national origin or handicap. In order to allow CITY to monitor non-discrimination,
SUBRECIPIENT will at minimum maintain records regarding the race of persons or households
assisted under this contract and whether households assisted have a female head of household.
SUBRECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, ancestry, national origin, or other handicap,
age, marital status, or status with regard to public assistance. SUBRECIPIENT will take
affirmative action to ensure all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees
to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting agency setting forth the provisions of this nondiscrimination
clause.
SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulation, and executive orders referenced in 24 CFR § 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section
109 of the Housing and Community Development Act (42 U.S.C. 5301 et seq.) are still
applicable.
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,
SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the
deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or
rental, or in the use or occupancy of such land, or in any improvements erected or to be erected
thereon, providing that CITY and the United States are beneficiaries of and entitled to enforce
such covenants. SUBRECIPIENT, 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
SUBRECIPIENT agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or applicable
updates which prohibits discrimination against the handicapped in any federally assisted
program. CITY shall provide SUBRECIPIENT with any guidelines necessary for compliance
with that portion of the regulations in force during the term of this Agreement.
15
10.2. Affirmative Action
A. Approved Plan
SUBRECIPIENT agrees that it shall be committed to carry out pursuant to CITY's
specifications an Affinnative Action Program in keeping with the principles as provided in
Presidents Executive Order 11246 of September 24, 1966. CITY shall provide Affirmative
Action guidelines to SUBRECIPIENT to assist in the formulation of such program.
SUBRECIPIENT shall submit a plan for an Affinnative Action Program for approval prior to the
award of funds.
B. Women- and Minority -Owned Businesses (W`MBE)
SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and «omen'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 (5 I) percent o« ned 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. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
C. Access to Records
SUBRECIPIENT shall furnish and cause each of its own subcontractors to furnish all
information and reports required hereunder and will pen -nit access to its books, records and
accounts by CITY, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
D. Notifications
SUBRECIPIENT 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
SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
E. E ual EmployMent Ogportunitv and Affirmative Action (EEO/AA)-Statement
SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or
on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
1.1
F. Subcontract Provisions
SUBRECIPIENT will include the provisions of Paragraphs X.A, Civil Rights, and B,
Affinnative 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. Einplovment Restrictions
A. Prohibited ActiritN
SUBRECIPIENT is prohibited from using fiends provided herein or personnel employed
in
the administration of the program for: political activities; inherently religious activities;
lobbying; political patronage; and nepotkin activities.
B. Labor Standards
SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in
accordance with the Dax is -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 .reg.) and all other applicable Federal, state and local Iaws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT 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.
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to CITY for review
upon request.
SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts
in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part
with assistance provided under this Agreement, shall comply with Federal requirements adopted
by CITY pertaining to such contracts and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than
those required under the regulations are imposed by state or local law, nothing hereunder is
intended to relieve SUBRECIPIENT of its obligation, if any, to require payment of the higher
wage. SUBRECIPIENT shall cause or require to be inserted in full, in all such contracts subject
to such regulations, provisions meeting the requirement of this paragraph.
17
C. "Section 3" Clause
1. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR Part 135, and all applicable
rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition
of the Federal financial assistance provided under this Agreement and binding upon CITY,
SUBRECIPIENT and any of SUBRECIPIENT's subcontractors. Failure to fiilfili these
requirements shall subject CITY, SUBRECIPIENT and any of SUBRECIPIENT's
subcontractors, their successors and assigns, to those sanctions specified by the Agreement
through which Federal assistance is provided. SUBRECIPIENT certifies and agrees that no
contractual or other disability exists that would preN ent compliance with these requirements.
SUBRECIPIENT fiirther 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 prop iding 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."
SUBRECIPIENT 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 Iocated, and to low- and very low-income participants in other HUD
programs.
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
18
2. Notifications
SUBRECIPIENT 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
SUBRI-'CIPIENT 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. SUBRECIPIENT will not subcontract
with any entity where it has notice or knowledge that the latter has been found in violation of
regulations under ? CFR Part 135 and t% ill 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
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without tine
prior written consent of CITY.
B. Subcontracts
1. Approvals
SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in
the performance of this contract without written consent of CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written reports and
supported with evidence of follow-up actions taken to correct areas of noncompliance.
3. Content
SUBRECIPIENT shall cause all of the provisions of this contract in its entirety to be
included in and made a part of any subcontracq executed in the performance of this Agreement.
19
4. Selection Process
SUBRECIPIENT shall undertake to ensure that all subcontracts let in the performance of
this agreement shall be awarded on a fair and open competition basis in accordance with
applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to
CITY along with documentation concerning the selection process.
C. Hatch Act
SUBRECIPIENT 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
SUBRECIPIENT understands and agrees to abide by the provisions of 24 CFR §§ 84.42
and 570.611, which include, but are not limited to the folloNN ing:
I. SUBRECIPIENT 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 SUBRECIPIENT 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 in%,olved.
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 (l) year thereafter.
These conflict of interest provisions apply to "covered persons" which shall include any
person who is an employee, agent, consultant, officer, or elected official of CITY,
SUBRECIPIENT or any designated public agencies which are receiving funds under the CDBG
Entitlement program.
E. Lobbying
SUBRECIPIENT 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
20
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any finds 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 Foran -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
Iess than S 10,000 and not more than S 100,000 for each such failure.
F. Conyright
If this Agreement results in any copyrightable material or inventions, CITY andor
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
go% ernmental purposes.
G. Religious Organization
SUBRECIPIENT agrees that funds provided under this Agreement will not be utilized
for inherently religious activities, such as worship, religious instruction, or proseiytization; to
promote religious interests; or for the benefit of a religious organization as specified in 24 CFR §
570.2000).
')i
SECTION XI:
ENVIRONMENTAL CONDITIONS
11. 1. Air and Water
SUBRECIPIENT agrees to comply with the following requirements insofar as they apply
to the performance of this Agreement:
A. Clean Air Act, 42 U.S.C., 7401, et seq.;
B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder; and
C. Em ironmental 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), SUBRECIPIENT 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
SUBRECIPIENT 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 paint out the hazards of lead-based paint and explain the
symptoms, treatment and precautions that should be taken when dealing with Iead-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
SUBRECIPIENT 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
7
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 perforniance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
SECTION XII:
SEVERABILITY
12.1. If an} 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 ne%ertheless 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
con-, enience only and shall not limit or other«-ise affect the terms of this Agreement.
SECTION XIV:
WAIVER
14.1. CITY's failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The failure of CITY to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
IN WITNESS WHEREOF, this Agreement is executed to be effective as of the date
indicated above.
CITY:
I r of Round Rock
�PauWrie Ha ey, City _M16 -ger
App ved as to Form:
'ktu-L ZA'
Steph L. Sheets, City Attorney
RRASC:
Round Rock Area Serving Center
By:
( Z)R,.
Name: L 0 1
r
23
EXHIBIT "A"
Iminj FY 2018 INCOME LIMITS DOCUMENTATION SYSTEM
�Lsoq
HLID gov_ HUp User Hogg Data Sets Fair Market Rents Section 8 Income Limits MTSP income Limits HUD LIUM Database
FY 2018 Income Limits Summary
Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for
each of the various parameters.
Fy 2018
MedianFY
2018
Prins in Family
Income
Family
Limit
Income
Income Limit
Area
Explanation
Category 1 2 3
4 5
6
7 8
Very Low
(50%)
Income 30,100 34,400 38,700
43,000 46,450
49,900
53,350 56,800
Limits ($)
Explanation
Austin -
Round
Extremely
Rock,
$86,000
Low Income
TX
Limits ($)* 18,100 20,650 23,250
25,800 29,420
33,740
38,060 42,380
MSA
Explanation
Low (80%)
Income
Limits ($) 48,200 55,050 61,950
68,800 74,350
79,850
85,350 90,850
Explanation
NOTE: Williamson County is part of the Austin -Round Rock, TX MSA, so all information
presented
here applies to all of the Austin -Round Rock, TX MSA.
The Austin -Round Rock, TX MSA contains the following areas: Bastrop County, TX; Caldwell County,
TX; Hays County, TX; Travis County, TX; and Williamson County, TX.
* The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be
the greater of 30/50ths (60 percent) of the Section 8 very low-income limit or the poverty guideline as
established by the Department Qf Health and Human S-ervices (HH51 provided that this amount is not
greater than the Section 8 50% very low-income limit. Consequently, the extremely low Income limits
may equal the very low (50%) Income limits.
Income Limit areas are based on FY 2018 Fair Market Rent (FMR) areas. For Information on FMRs,
please see our associated FY 2018 Fair Market Rent documentation system.
For last year's Median Family Income and Income Limits, please see here:
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EXHIBIT "C"
CITY OF ROUND ROCK
COMMUNITY BLOCK GRANT
PROGRAM INCOME POLICY
This policy is implemented to comply with applicable federal, state and local laws, regulations and
policies governing the disposition of program income. Applicable laws and regulations include
but not limited to 24 Code of Federal Regulations Chapter V Subpart J and Subpart K.
1. DEFINITIONS:
1.1 Program income means gross income received by the recipient or sub -recipient
directly generated from the use of CDBG funds.
1.2 Recipient is the City of Round Rock
1.3 Sub -recipient is any entity that receives CDBG funding from the Recipient.
2. INCOME: Income includes, but not limited to the following:
2.1 Proceeds from the disposition by sale or long-term lease of real property
purchased or improved with CDBG funds.
2.2 Gross income from the use or rental of real property, owned by the recipient of by
a sub -recipient that was constructed or improved with CDBG funds, less costs
incidental to generation of the income.
2.3 A prorata share of the mortgage payments (principal and interest) associated
with the financing or real property where CDBG funds were used to purchase the
land or the construction of housing built on the land.
2.4 Proceeds from sale of obligations (mortgages) secured by loans made where
CDBG funds were used.
2.5 Interest earned on program income pending its disposition.
2.6 All income generated in a program year from use of CDBG funds by the recipient
and all its sub -recipients.
3. DISPOSITION OF INCOME AND REPORTS: Sub -recipients shall:
3.1 Annually remit to recipient the recipient's prorata share of the income together
with an accounting and report of how the income was generated.
3.2 Submit the annual requirement to recipient on or before the tenth (10`h) day of the
month following the end of the program year.
3.3 Submit an income report for each quarter of the program year by the 10`h day of
the month following the end of the quarter.
3.3 Allocate each income report to each program year in which funding was
received.
3.4 Allocate each income report to each source generating the income.
3.5 Continue the reporting and remittance until five (5) years from the date funds
were last spent in each program year or until five (5) years after closeout of the
funding for which the assistance to the property was provided, whichever is later.
CITY OF ROUND ROCK
COMMUNITY BLOCK GRANT
PROGRAM INCOME POLICY
4. INCOME MORE THAN $25.000 OR LESS THAN $25,000:
4.1 Recipient shall have on file appropriate supporting documentation necessary to
support the recipient's determination of the total income generated directly from
CDBG funds from all of the activities of the recipient and all sub -recipients.
4.2 If the annual amount does not exceed $25,000 the recipient may transfer the
funds to the recipient's a General Fund and use the funds as authorized by the
Annual Operating Budget.
4.3 If the total annual amount exceeds $25,000 then the income is considered
program income and will be handled in accordance with regulatory requirements.
CALCULATION OF PRORATA SHARE OF PROGRAM INCOME:
5.1 The recipient's prorata share of program income generated by transfer of real
property to a homeowner shall be based on the total sales price (mortgage note)
to include the price of the land purchased with CDBG funds. Once the prorata
share has been determined, it shall not change. In no case shall the recipient's
prorata share be less than the CDBG funds used in the project.
5.2 EXAM PLE:
Land purchase with CDBG funds $25,000
Mortgage Note $60,000
Recipient's prorata share is $25,000 _ $60,000 = 41.667%
This percentage would remain the same to include but not limited to the
following:
■ in the event the property is sold by the homeowner
• foreclosed by sub -recipient and sold to another homeowner
• the rental or lease payments if sub -recipient forecloses and rents or leases
the property
■ any profit realized from any sale of the property
■ principal and interest payments received to satisfy the mortgage
■ any other event that would create program income.
5.3 If the property is posted for foreclosure and a third party purchases the property,
the funds in excess of the mortgage balance shall be subject to the same
percentage.
6. SUB -RECIPIENTS RETAIN INCOME: Sub -recipients may retain income provided:
6.1 The income was generated before March 8, 2011, and.
6.2 A report is provided to recipient allocating the income to each activity for each
program year, and
6.3 The income is used to support the activities authorized by the agreement for that
program year, and
6.4 Sub -recipient complies with paragraph 3 above for all income generated after
March 8, 2011.
Month 20
Summary of Expenditures:
List of Beneficiaries:
Narrative of Accomplishments:
EXHIBIT "D"
MONTHLY PROGRESS REPORT
29
City of Round Rock
a
ROUN
f TEXAS oCw,
'I`CM�S Agenda Item Summary
Agenda Number:
Title: Consider executing a CDBG 2018 Sub -recipient Agreement with the Round
Rock Area Serving Center in the amount of $25,000 for the Housing
Assistance Program.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/16/2018
Dept Director: Brad Wiseman
Cost:
Indexes:
Attachments: RRASC HSG ASST LAF, RRASC SR Agreement Hsg Asst CDBG 2018
Department: Planninq and Development Services Department
Text of Legislative File CM -2018-1946
Consider executing a CDBG 2018 Sub -recipient Agreement with the Round Rock Area
Serving Center in the amount of $25,000 for the Housing Assistance Program.
Consider executing a CDBG 2018 Sub -recipient Agreement with the Round Rock Area
Serving Center for the Housing Assistance Program in the amount of $25,000. Funds will
be used to assist 250 unduplicated low income Round Rock residents with rent or
mortgage assistance. This project was included in the CDBG 2018 Annual Action Plan
which was approved by City Council August 12, 2018 by Resolution R-2018-5713.
Cost: $25,000
Source of Funds: CDBG 2018-2019 Grant Funds
01y of Round Rock Page f Printed on 44/45/2048