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CM-2019-0034 - 2/1/2019CDBG Grant No. B -18 -MC -48-0514 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AGREEMENT BETWEEN ROUND ROC' f EXAS, AND HOPE ALLIANCE THIS AGREEMENT, entered into this Hay of , 2019 by and between the City of Round Rock, a Texas home -rule municipality (herein called "Grantee") and the Hope Alliance (herein called "Subrecipient"). WHEREAS, Grantee has applied for and received funds fi-om the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and funds; WHEREAS, Grantee wishes to engage Subrecipient to assist Grantee in utilizing such NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein the parties agree as follows: SECTION I: SCOPE OF SERVICES 1.1. Activities Subrecipient will be responsible for administering a Community Development Block Grant ("CDBG") Year 2018-2019 program known as the ADA Playground for Family Violence Shelter in a manner satisfactory to Grantee 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: To replace the existing playground at the shelter run by Subrecipient with a commercial, ADA compliant playground with overhead shading for the benefit of the residents of the shelter who are presumed to be principally low -and moderate -income people. General Administration The Chief Executive Officer of Subrecipient ("Executive Director") will provide administrative oversight for the program. 412508 TRC 1! k,1_2 2 p�Gav� 1 /� Subrecipient Agreement with Hope Af innec �`- 1.2 National Obiecdves Subrecipient certifies that the activities carried out under this Agreement shall meet the national objective of benefiting low -and moderate -income persons, including abused children and battered spouses by improving their access to safe, outdoor spaces for play and development. 1.3. Levels of Accomplishment- 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 Unduplicated Clients Receiving Program Services Per Year To replace the existing 300 individuals playground at the shelter run by Subrecipient with a commercial, ADA compliant playground with overhead shading for the benefit of the residents of the shelter who are presumed to be principally low -and moderate -income people. 1.4. Staffing 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 Hrs. per Week # of Weeks = Estimated Hours Shelter Director .5 3 = 15 Timeframe: October 1, 2018 through September 30, 2019 Any changes in the key personnel assigned or their general responsibilities under this program are subject to the prior approval of Grantee. SECTION 11: TIME OF PERFORMANCE 2.1 Services of Subrecipient shall start on the October 1, 2018. This Agreement shall expire on September 30, 2019, unless extended in writing by Subrecipient and Grantee, except as provided below. Subrecipient shall complete all services contemplated by this Agreement prior to its expiration. 2 2.2 Notwithstanding Section 2. 1, the term of this Agreement shall automatically be extended for as long as Subrecipient has control over CDBG fiends, including program income. 2.3 If the term of tills 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 Grantee by Subrecipient. SECTION III: BUDGET All funds expended by Subrecipient pursuant to this agreement shall be expended in accordance with the following budget: Line Item Amount Purchase of playground and shade structure to include $32,700 demolition and installation Total $32,700 Any indirect costs charged must be consistent with the conditions of Paragraph 8.3(B) of this Agreement. In addition, Grantee 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 Grantee. 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 Grantee's Chief Financial Officer approves such reallocation in writing. SECTION IV: PAYMENT It is expressly agreed the total amount to be paid by Grantee under this Agreement shall not exceed $32,700. 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. 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 Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21. l] 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, e-mail or other trackable electronic means. Any notice delivered or sent as required by this paragraph shall be effective on the date of sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Notices made pursuant to this Agreement shall be directed to the following representatives: Grantee: Subrecipient: EIizabeth Alvarado Corrununity Development Coordinator Hope Alliance Dr. Richard M. Brown Ed. D. City of Round Rock Chief Executive Officer 22t East Main Street 1011 Gattis School Road Ste. 106 Round Rock TX 78664 Round Rock Texas 78664 Telephone: 512-341-3328 Telephone: 512-255-1212 Fax: 512-341-3328 Fax: 512-255-7331 e-mail: ealvarado oundrocktexas. ov e-mail: rick.brown ho ealliancetx.or 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 does not assume Grantee's environmental responsibilities, if any, described in 24 CFR § 570.604; and (2) Subrecipient does not assume Grantee'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 funds otherwise available. 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. 4 7.2. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. It is understood and agreed that Subrecipient is an independent contractor and shall not be considered an employee of Grantee. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Grantee 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 Grantee's Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance that Grantee from time to time may have in force and effect. 7.3. Hold Harmless Subrecipient shall indemnify, hold harmless and exempt Grantee, 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 onussion of Grantee, its officers, agents, servants and employees, or thud parties. 7.4. Worker's Compensation Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 7.5. Insurance and Bondine Subrecipient 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 Grantee. 7.6. Amendments The terns 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 1.1 above may only be undertaken with the prior approval of Grantee. The award made pursuant to this agreement may be terminated for convenience in accordance with 24 CFR § 85.44 by either Grantee or Subrecipient by setting forth the reasons for such termination, the effective date, and in the case of paitial termination, the portion to be terminated. However, if in the case of a partial termination, Subrecipient determines, in its sole discretion, that the remaining portion of the award will not accomplish the purpose for which the award was made, Grantee 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 Grantee, become property of Grantee. In accordance with 24 GFR § 85.43, the Grantee 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 funds provided under this Agreement; or D. Submission by Subrecipient to Grantee reports that are incorrect or incomplete in any material respect. Grantee may declare Subrecipicnt ineligible for any further participation in Grantee contracts, in addition to any other remedies as provided by law. Should Subrecipient fail to cure or correct such defects or failures identified by Grantee within 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 (IND) or its successor, Grantee may seek reimbursement of all funds paid from Grantee to Subrecipient under this Agreement. Subrecipient shall not be relieved of the liability to Grantee for damages sustained by Grantee by virtue of any breach of this Agreement by Subrecipient and Grantee may withhold any payments to Subrecipient for the purpose as set out and until such time as the exact amount of damages due Grantee from Subrecipient is determined. Should Grantee become aware of any activity by Subrecipient which would jeopardize Grantee's position with IND which would cause a payback of CDBG funds or other Grantee federal funds then Grantee may take appropriate action including injunctive relief against Subrecipient to prevent the transaction as aforesaid. The failure of Grantee to exercise this right shall in no way constitute a waiver by Grantee to demand payment or seek any other relief in law or in equity to which it may be justly entitled. 7.8. Pending Litigation Subrecipient agrees to inform Grantee 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 Eligibility Subrecipient shall only provide services that benefit from this Agreement to families that qualify as a "low -arid moderate -income household," as that term is defined in 24 CFR § 570.3 or to people and families presumed to be "Iow-and moderate -income households." Subrecipient shall require all families served by Subrecipient pursuant to this Agreement to establish that such families are a low -and moderate4ncome 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 having 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 determine participant eligibility under this Agreement. SECTION VIII: ADMINISTRATIVE RE' QUIRE,MENTS 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 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. VA 8.2. Documentation and Record Keeping 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: 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 CPR § 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 §§ 84.21-28 and OMB Circular A-110; and 5. Other records necessary to document compl fiance 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 Grantee in advance in writing, and description of services provided. Such information shall be made available to Grantee monitors or their designees upon request. 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 Grantee'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 fiom such person receiving service and, in the case of a minor, that of a responsible parent/guardian. E. Close -Outs Subrecipient's obligation to Grantee 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 Grantee), and determining custodianship of records. Not withstanding 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 & Inspections All Subrecipient's records with respect to any matters covered by this Agreement shall be made available to Grantee, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as Grantee 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 Grantee policy concerning Subrecipient's audits and Subpart F of 2 CFR Part 200 (Previously OMB Circular A-133). If Subrecipient expends less than Seven Hundred Fifty Thousand Dollars ($750,000.00) a year in federal awards, then they may be 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 Grantee with an audit of revenues and expenditures conducted by a certified public accountant. Grant funds will automatically be forfeited to Grantee 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 CFR § 570.500(a), to the Grantee in accordance with the City of Round Rock Community Development Block Grant Program 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 Grantee. Pursuant to 24 CFR § 570.500(a)(5) and 24 CFR § 9 570.503(b)(7), program income does not include proceeds fiom 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 11, or termination of this Agreement. B. Indirect Costs If indirect costs are charged, Subrecipient will develop an indirect cost allocation plan for determining Subrecipient's appropriate share of administrative costs and shall submit such plan to Grantee for approval. C. Payment Procedures Grantee will pay to Subrecipient funds available under this Agreement based on information submitted by Subrecipient and consistent with an approved budget and Grantee policies concerning payments. With khe 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 Grantee in accordance with advance fund and program income balances available under this contract for costs incurred by Grantee on the behalf of Subrecipient. D. Progressports Subrecipient shall submit regular Monthly Progress Reports to Grantee in the form, content, and frequency as required by Grantee. 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 Grantee in advance and in writing. E. Budgets Grantee and Subrecipient may agree to revise the budget, provided in Section III above, from time to time in accordance with existing Grantee policies. Any amendments to the budget must be approved in writing by both Grantee and Subrecipient. 8.4. Procurement A. Compliance 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 CPR § 570.503(b)(8). All program assets (unexpended advanced funds) 10 shall revert to Grantee upon termination of flys Agreement. The only authorized expenditures of funds shall be those items and indirect costs provided in Section III of this Agreement. B. OMB Standards Subrecipient shall procure materials in accordance with the requirements of 24 CFR 84.40- 48 (Previously attachment O of OMB Circular A-110, Procurement Standards), and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. 'hese requirements are referenced in 24 CFR Part 84, titled "Common Rule". C. Travel Subrecipient shall obtain written approval fiom Grantee for any travel outside the metropolitan area with funds provided under this Agreement. Cnantee shall determine that such travel is necessary and reasonable according to applicable standards outlined in 2 CFR Part 225 (Previously OMB Circular A87). 8.5. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall comply 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 Grantee 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 Grantee'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 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 Grantee 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 Grantee. 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 funds 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 Grantee for the ll CDBG program or (b) retained after compensating Grantee 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 PIan 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 Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. SECTION X: PERSONNEL & PARTICIPANT CONDITIONS I0.1. Civil Rights 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 1975, Executive Order 11053, and with Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. B. Nondiscrimination Subrecipient will not cause any person to be excluded fiom participation in, denied the benefits of, orsubjected to discrimination under any of theprogram's activities receiving assistance under this Agreement based on the grounds of race, color, religion, sex, ancestry, national origin or disability. In order to allow Grantee 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, disability, age, marital status, or status with regard to public assistance. Subrecipient will take affirmative action to ensure all 12 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 Executivc Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (42 U.S.C. 5301 et seg.). 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 Grantee and the United States are beneficiaries of and entitled to enforce such covenants. Subrccipient, 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. 706) or applicable updates which prohibits discrimination against people with disabilities in any federally assisted program. Grantee shall provide Subrecipient 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. Appioyed_Plan Subrecipient agrees that it shall be committed to carry out pursuant to Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in Presidents Executive Order 11246 of September 24, 1966. Grantee shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. B. Women- and Minority -Owned Businesses /MBE Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate 13 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 1) 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 suinained 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 permit access to its books, records and accounts by Grantee, IIUD 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. Equal Employment Opportunity 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. F. Subcontract Provisions Subrecipient 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 Subrecipient 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, 14 B. Labor Standards Subrecipient 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. 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 Grantee 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 Grantee 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. 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 Grantee, Subrecipient and any of Subrecipient's subcontractors. Failure to fulfill these requirements shall subject Grantee, 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 prevent compliance with these requirements. Subrecipient father 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 15 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 Iocated." Subrecipient fiufther 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 set -vice area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other Iegal incapacity exists that would prevent compliance with these requirements, 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 Subrecipient 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 24 CFR fart 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. 16 10.4. Conduct A. Assignability Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of Grantee. 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 Grantee 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 fallow 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 subcontract executed in the performance of this Agreement. 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 Grantee 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 Iimited to the following: 17 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 suppoi ted 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 -malting 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 Grantee, 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 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 fiends 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: 18 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. Col2yright If this Agreement results in any copyrightable material or inventions, Grantee 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 Subrecipient 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 § 570.2000). 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. 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), Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood 19 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 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 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 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 Iocal historic property list. SECTION XII: SEVERABILITY 12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIII: SECTION HE, 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. 20 SECTION XIV: WAIVER 14.1. Grantee'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 Grantee 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 fust indicated above. Grantee: City of Round Rock 10, Subrecipient: Hope Alliance By: N ..�L---- Name: /Zj Cl4.'r2 t7 44. Fr�wi,l Title: C11,0G' 9C,eCIA rrVe—r- CrFiCC-X EXHIBIT "A" Imiml FY 2018 INCOME LIMITS DOCUMENTATION SYSTEM • ..• .•u ._ �. ,_ •, , •s, u u •a- in, • 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 Median FY 2018 persons In Family Income Family Income Limit Limit Income 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, $86,000 Low Income Limits ($)* 18,100 20,650 23,250 25,600 29,420 33,740 38,050 42,380 TX MSA Explanation Low (80%) Income Limits ($) 48,200 55,050 61,950 68,800 74,350 79,850 85,350 90,850 Explanation MOTE: 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 theDepartment of Health and Human Services (HHS), 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: 0 Agency: Address; Contact: Phone: Program: Ethnicity: Hispanic or Latino (Y); or Not Hispanic or Latino (N) Race Categories: 1 White 2 Black or African American 3 Asian a Black or African American and White EXHIBIT "B" Unduplicated Clients 2048-2019 U 5 American Indian or Alaska Native B Asian and White T Native Hawaiian or Other Pacific Islander 8 American Indian or Alaska Native and White 9 American Indian or Alaska Native and Black a ice®IN �� i•��1• Illlll�lillllll.�i imp �� 1•��1• Il�ii� � �.� ��i•i•��1• � ��. ��� 1��� lllll�illlll�._.1.�11�11�..1•a �� 1■■�1_■l.l•■ Ilrl��l.11���.l� ��1111�>•1��>• il•�.I.�I�.�It ���1•��>• III�III��I.I.�I�.IN•� ��1� ��� �111111���1.111.1111�11�11111.. ����il•�1111� - �111��1.1.�1�.�. ���1•��1• N•�����1•.� ���1.1•�1• Illl�i•�LL�i•.�� Program Year 201 B -20i 0 City of Round Rock 25 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. 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 ollowing: 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 (117�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 101h 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. 5. 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 EXAMPLE: 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. 2 Month 20 Summary of Expenditures: List of Beneficiaries: Narrative of Accomplishments: EXHIBIT "D" MONTHLY PROGRESS REPORT mel City of Round Rock e ROUND ROCK L7�F�� Agenda Item Summary f Agenda Number: Title: Consider a resolution authorizing the City Manager to execute a Community Development Block Grant (CDBG) 2018-2019 Agreement between the City of Round Rock and Hope Alliance for the ADA Playground and Shade Structure Program in the amount of $32,700. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 2/1/2019 Dept Director: Brad Wiseman Cost: $32,700.00 Indexes: CDBG HUD Entitlement Grants Attachments: LAF CDBG Hope Alliance Subrecipient (01.24.2019) (00417209xA08F8), 19.01.22 RR CDBG 2019 HOPE ALLIANCE PLAYGROUND AGREEMENT Department: Planning and Development Services Department Text of legislative File CM -2019.0034 The Community Development Block Grant Program (CDBG) was developed in 1974 and works to ensure decent affordable housing and to provide services to the most vulnerable in our communities. CDBG is an important tool for helping tackle serious challenges facing our community. To be eligible for CDBG funding, activities must meet one of the three national objectives of the program which are: 1) benefit low to moderate income persons 2) prevention of slum or blight 3) meet an urgent need. Consider executing a 2018-2019 Agreement with Hope Alliance in the amount of $32,700. These funds will be used for the purchase and installation of an ADA Playground and Shade Structure at the domestic violence shelter. Council approved the 2018-2019 Annual Action Plan which included the funding of the Hope Alliance ADA Playground and Shade Structure Project by Resolution Number 2018-5713 on August 9, 2018. Cost: $32,700.00 Source of Funds: Community Development Block Grant (CDBG) 2018-2019 Funds City o1 Round Rock Page ! Printed on 1130/2019