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R-02-11-14-13A7 - 11/14/2002.. ODMA\ WORL DOX\ OAWDCX \RESOLUTI \R2111 /ec RESOLUTION NO. R- 02- 11- 14 -13A7 WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, and WHEREAS, the City of Round Rock wishes to engage The Round Rock Volunteer Center to assist the City in utilizing said funds, and WHEREAS, the City Council desires to enter into a Community Development Block Grant Program Agreement with The Round Rock Voluneer Center for the 2002 Coats for Kids Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a Community Development Block Grant Program Agreement with The Round Rock Volunteer Center for the 2002 Coats for Kids Project, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of November, 2002. CHRISTINE R. MARTINEZ, City Secre -r 2 it WELL, Mayor City of Round Rock, Texas THE STATE OF TEXAS COUNTY OF WILLIAMSON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (B- 02 -MC-48 -0514) THIS AGREEMENT, entered into this 14th day of November 2002 by and between the City of Round Rock (herein called the "GRANTEE) and Round Rock Volunteer Center (herein called the "SUBRECIPIENT "). WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93- 383; and WHEREAS, the City of Round Rock wishes to engage the Subrecipient to assist the City of Round Rock in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; A. Activities and Beneficiaries B. Level of Accomplishments SECTION I: SCOPE OF SERVICES The Subrecipient will be responsible for administering a Community Development Block Grant ( "CDBG ") Year 2002/2003 program in a manner satisfactory to the City of Round Rock 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: Coats for Kids 2002 Project. Under this program, the subrecipient agrees to provide these services for: Total Persons 50 Low to Moderate Income Persons 50 In addition to normal administrative services required as part of this Agreement, the Subrecipient agrees to provide the households /persons the following program services: 1 Persons Assisted EXHIBIT s "A" Activity Client Served Coat Distribution 1 Coats X 50 Clients = 50 Units of service To undertake the activities described above and accomplish the levels of service described above, the Subrecipient will allocate staff time in support of the program funded under this agreement as follows: C. Staffing Position: Program Director October, 2002 through October, 2002 through D. Performance Monitoring 120 Hrs X 1 1 1 Weeks = 1 20 Hours November, 2002 Minus vacation/time off Position: Executive Director 1 10 1 Hrs X j 1 1 Weeks = J 10 1 Hours October, 2002 through November, 2002 Minus vacation/time off Position: Executive Assistant 1 10 1 Hrs X 0 Weeks = November, 2002 Minus vacation/time off The City of Round Rock will monitor the performance of the Subrecipient against the goals and performance standards required herein. Substandard performance as determined by the City of Round Rock will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within thirty (30) days after being notified by the City of Round Rock, contract suspension or termination procedures will be initiated in accordance with Section VI of this agreement. 2 110 1 Hours City of Round Rock Subrecipient: Mona Ryan, Community Development Coordinator Pat Patterson Executive Director City of Round Rock Round Rock Volunteer Center 101 East Old Settlers Blvd., Suite 200 1701 S. Mays, Suite H Round Rock, Texas 78664 Round Rock, TX 78664 SECTION II: TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of October, 2002 and end on the 30th day of September, 2003. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets including program income. SECTION III: PAYMENT It is expressly agreed the total amount to be paid by the City of Round Rock under this contract shall not exceed $1,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph I.B. herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph I.B. and in accordance with performance. Payments will be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in OMB Circular A -110, Attachment F. SECTION IV: NOTICES Notices made pursuant to this contract shall be directed to the following representatives: SECTION V: SPECIAL CONDITIONS , The Subrecipient shall agree to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development (HUD) regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3 A. General Compliance B. Independent Contract C. Hold Harmless D. Amendments SECTION VI: GENERAL CONDITIONS The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. It is understood and agreed that Subrecipient is an independent contractor and shall not be considered an employee of the City. Subrecipient shall not be within protection or coverage of the City's Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance that the City from time to time may have in force and effect. The Subrecipient shall indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses , attorney fees and any and all other costs or fees incident to any work done as result of this Agreement and arising out of a willful or negligent act or omission of the Subrecipient, its officers, agents, servants, and employees ; provided, however, that the 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 the City, its officers, agents, servants and employees, or third parties. The term and conditions of this Agreement, including the attachments listed below, constitute the entire agreement between the parties and superseded all previous communications, representations, or agreements, either written or oral, with respect to the subject matter hereof. No modification or amendment of this Agreement will be binding on either party unless acknowledged in written by their duly authorized representatives. Attachments: a. Exhibit A — Client Data Form b. Exhibit B — Beneficiary Report Form c. Exhibit C — Project Budget d. Exhibit D Self Declaration of Income e. Appendix A — OMB Circular A -110 f. Appendix B — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities g. Appendix C — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration h. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Other Program Requirements 4 E. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service in Paragraph I.A. above may only be undertaken with the prior approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by Subrecipient under this Agreement shall, at the option of the City, become property of the City. The City may also suspend or terminate this Agreement, in whole or in part, if the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Subrecipient ineligible for any further participation in City contracts, in addition to other remedies as provided by law. Should the Subrecipient fail to cure or correct such defects or failures identified by the City within the 15 days after notification of deficiencies, and such breach of contract relate to a violation of federal law or regulations which results in a demand for reimbursement from the Department of Housing and Urban Development (HUD) or its successor, the City may seek reimbursement of all funds from the City to the Subrecipient under this Agreement. Subrecipient shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Subrecipient and the City may withhold any payments to the Subrecipient for the purpose as set out and until such time as the exact amount of damages due the City from the Subrecipient is determined. Should the City become aware of any activity by the Subrecipient which would jeopardize the City's position with HUD which would cause a payback of CDBG funds or other City federal funds then the City may take appropriate action including injunctive relief against Subrecipient to prevent the transaction as aforesaid. The failure of the City to exercise this right shall in no way constitute a waiver by the City to demand payment or seek any other relief in law or in equity to which it may be justly entitled. F. Reversion of Assets Pursuant to 24 CFR 570.503, Subrecipient agrees that should it discontinue the services as provided for herein, then all unexpended CDBG funds shall be returned within 10 days to the City. The funds remaining will be appropriated to eligible CDBG activities in keeping with the City's budgetary process. A. Records and Reports 1. Recordkeeping SECTION VII: ADMINISTRATIVE REQUIREMENTS 5 The subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program under 24 CFR Part 570.208; c. Records required to determine the eligibility of activities under 24 CFR Part 570.201 - 570.206; d. Financial records as required by 24 CFR Part 570.502, and OMB CircularA -110; and e. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Retention The Subrecipient shall retain all records pertinent to expenditures under this Agreement for a period of four (4) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, which ever occurs later. 3. Client Data The 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 "A ". Any other basis for determining eligibility must be approved by the Grantee in advance in writing, and description of services provided. Such information shall be made available to Grantee monitors or their designees upon request. 4. Progress Reports The Subrecipient shall submit regular Quarterly Progress Reports to the City of Round Rock in the form, content, and frequency as required by the City of Round Rock. These shall include but not be limited to summary of expenditures, list of beneficiaries and a brief narrative of accomplishments. Beneficiary reports should be submitted on Exhibit "B" unless an alternative report is approved by Grantee in advance in writing. 5. Disclosure The 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 the City of Round Rock's or the 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. 6. Property Records 6 The subrecipient shall maintain real property inventory records, which clearly identifies any properties purchased, improved or sold using funds provided under this Agreement. Property retained shall continue to meet eligibility criteria and shall conform to the "changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8). 7. Close -Outs Subrecipient obligation to the City of Round Rock shall not end until all closeout requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the City of Round Rock, and determining custodianship of records). 8. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City of Round Rock, grantor agency, their designees or the Federal Government. At any time during normal business hours, as often as the City of Round Rock or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure by the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current city policy concerning subrecipient audits. B. Financial Management 1. Budgets A detailed contract budget is attached as Exhibit "C ". The City of Round Rock and the Subrecipient may agree to revise the budget from time to time in accordance with existing city policies. 2. Program Income The Subrecipient shall report quarterly all program income as defined at 24 CFR 570.504 generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with requirements set forth in 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the City of Round Rock at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the Grantee. Reporting of any such program income shall, at minimum, be included in quarterly reports under Section VI of this 7 agreement. Information on program income provided in these reports will include, but not be limited to, summaries of program income generated; a summary of expenditures of these funds; and a description of the use of program income sufficient for determining eligibility of these expenses under CDBG guidelines. 3. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate City of Round Rock's share of administrative costs and shall submit such plan to the City of Round Rock for approval. 4. Pavment Procedures The City of Round Rock will pay to the Subrecipient funds available under this contract based on information submitted by the Subrecipient and consistent with an approved budget and city policies conceming payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the City of Round Rock in accordance with advance fund and program income balances available under this contract for costs incurred by the City of Round Rock on the behalf of the Subrecipient. C. Procurement 1. Compliance All program assets (unexpended advanced funds) shall revert to the City upon termination of this Agreement. The only authorized expenditures of funds shall be travel vouchers or prepaid bus tickets as described herein. 2. OMB Standards The subrecipient shall procure materials in accordance with the requirements of Attachment 0 of OMB Circular A -110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. These requirements are referenced in 24 CFR Part 84, titled "Common Rule". 3. Travel The Subrecipient shall obtain written approval from the City of Round Rock for any travel outside the metropolitan area with funds provided under this contract. The City shall determine that such travel is necessary and reasonable according to applicable standards outlined in OMB CircularA87. SECTION VIII: PERSONNEL & PARTICIPANT CONDITIONS 8 A. Civil Rights 1. Compliance The Subrecipient agrees to comply with (city and state civil rights ordinance referenced here) and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The 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 the City to monitor non - discrimination, the 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. The 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. The Subrecipient will take affirmative action to insure all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The 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. B. Conduct 3. Section 504 The 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 the handicapped in any federally assisted program. The City of Round Rock shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this contract. 1. Assignability 9 The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City. 2. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this contract, 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. 3. Conflict of Interest The Subrecipient understands and agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official of the City, or of any designated public agencies or subrecipient which are receiving funds under the CDBG Entitlement program. 4. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without written consent of the City of Round Rock prior to the execution of such Agreement. b. Monitoring of Subcontractors The 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. c. Content The 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. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City of Round Rock along with documentation conceming the selection process. 10 5. Religious Organization The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). 6. Pending Litigation The Subrecipient agrees to inform the City about any litigation the Subrecipient is or becomes in involved in. 7. Background Checks The Subrecipient agrees to conduct a criminal background check on all employees working directly with youth. IN WITNESS WHEREOF, this Agreement is executed on this day of , 2002. CITY OF ROUND ROCK Nyle Maxwell Mayor ATTEST: Christine R. Martinez City Secretary Round Rock Volunteer Center Pat Patterson Executive Director ATTEST: 714 1. AuLarZu E tyflJttt/ Title: _ 11 Reporting Agency Information: Name: Address: Contact Person: Phone No. Date of Service Name Address City Zip Code Annual Family Income Family Size Female Head of Household Yes or No G: /Community Development/Public Services/Client Data EXHIBIT A Client Data Date: Reporting Agency Information: Name: Address: Contact Person: Phone No. Date of Service Name Address City Zip Code Amount Expended CDBG Activity G:/Community Development/Public Services/Beneficiary Report EXHIBIT B Beneficiary Report Date: EXHIBIT C Round Rock Volunteer Center's Budget Community Development Block Grant Program Round Rock Coats for Kids Program Income: Round Rock CDBG $1000.00 Expenses New coats purchased (50) $1000.00 Total Gain /loss -0- r s " . l ,;C s -k ,+ ,:50-i •:`k, t - , Family Size . v:.'s ,, , 'v ', : - i , 7 „ ::,w ,1. -.s,• , 8 , t,1 :ii; i:%..:z. • ;otl ." .1 '2,;: '3. t1 A4.'; y..:'5 .. .6r Extremely low Income 14,950 17,050 19,200 21,350 23,050 24,750 26,450 28,150 46,950 Very low Income 24,900 28,450 32,000 35,550 38,400 41,250 44,100 Low Income 38,100 43,500 48,950 54,400 58,750 63,100 67,450 71,800 Self Declaration of Income Exhibit D This activity may be funded with federal Community Development Block Grant (CDBG) funds and is designed to primarily benefit low to moderate- income households (LMI). This requires that the Applicant meet and certify the amount of their annual household income in order to participate in the program. Applicant should not provide his /her signature unless he /she has read and understands the income in formation they are certifying under penalty of law. At the discretion of the program, Applicant may be required to provide documentation to support the self - declaration of income. Applicant Information Applicant Name: SSN #: Co- Applicant Name: SSN #: Applicant Address: City: Zip: Tel No.: Ethnicity (check one) _ Anglo; _ Afro- American; _Latino; Asian; Native American; Pacific Islander; Other Applicant Household Income Information Estimate the annual income of the household by projecting the prevailing rate of income of each person at the time assistance is provided for the individual, family, or household (as applicable). Estimated annual income shall include income from all sources of household members as applicable. Income or asset enhancement derived from the CDBG- assisted activity shall not be considered in calculating estimated annual income. Family income cannot exceed the amounts listed below. Annual Household Income: < $ Number of persons living in household: _ Applicant Self Declaration Certification Evidenced by the signature below, Applicant certifies his or her annual household income. Applicant certifies that the information herein provided is true and accurate. Applicant further acknowledges that any inaccuracy and /or misrepresentation provided herein may constitute fraud, which is punishable by law. Applicant certifies that all information provided herein and any attachments hereto, are true and correct as of the date set forth opposite signature. Applicant acknowledges that Title 18, Section 1001 of the U.S. Code states that any person that makes intentional or negligent statements to any department of the United States Government is guilty of a felony that could result in but not be limited to a fine, imprisonment, or both. Applicant Signature Date Program Use Only: Program /Activity Name: Coats for Kids HUD Income guidelines used to certify client dated: March 4. 2002 HUD maximum income allowance based upon the size of household is: $ Based upon client information provided, client household: (check one) ['Does meet income qualifications ['Does not meet income qualifications Reviewer's Signature: Date: CDBG/Community DevelopmentfEligblity Forms/Self Dedaraaon of Income.doc DATE: November 7, 2002 SUBJECT: City Council Meeting — November 14, 2002 ITEM: * 13.A.7. Consider a resolution authorizing the Mayor to execute a Community Development Block Grant Program Agreement with The Round Rock Volunteer Center for the Coats for Kids 2002 Project for $1,000.00. Resource: Joe Vining, Planning Director Mona Ryan, Community Development Coordinator History: This agency will purchase 50 coats for children of low- income families. The coats will be distributed to families identified through the Any Baby Can agency. Funding: Cost: $1,000 Source of Funds: Community Development Block Grant Outside Resources: US Department of Housing and Urban Development Benefit: Approximately 50 children of low and moderate income persons will receive winter coats through this program. Public Comment: All requirements for public input were met through the five hearings held for community needs. Sponsor: Planning and Community Development Department t,. 1 a � THE STATE OF TEXAS COUNTY OF WILLIAMSON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (B- 02 -MC-48 -0514) THIS AGREEMENT, entered into this 14th day of November 2002 by and between the City of Round Rock (herein called the "GRANTEE") and Round Rock Volunteer Center (herein called the "SUBRECIPIENT "). WHEREAS, the City of Round Rock has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93- 383; and WHEREAS, the City of Round Rock wishes to engage the Subrecipient to assist the City of Round Rock in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; A. Activities and Beneficiaries SECTION I: SCOPE OF SERVICES The Subrecipient will be responsible for administering a Community Development Block Grant ( "CDBG ") Year 2002/2003 program in a manner satisfactory to the City of Round Rock 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: Coats for Kids 2002 Project. Under this program, the subrecipient agrees to provide these services for: Total Persons 50 Low to Moderate Income Persons 50 B. Level of Accomplishments g- oa -11- X14- J3/ 7 In addition to normal administrative services required as part of this Agreement, the Subrecipient agrees to provide the households /persons the following program services: 1 Persons Assisted Activ Client Served Coat Distribution 1 Coats X 50 Clients = 50 Units of service To undertake the activities described above and accomplish the levels of service described above, the Subrecipient will allocate staff time in support of the program funded under this agreement as follows: C. Staffing Position: Program Director . October, 2002 through Position: Executive Director 1 10 1 Hrs X 1 1 1 Weeks = 1 10 1 Hours October, 2002 through Position: Executive Assistant 1 10 1 Hrs X 1 1 1 Weeks = 1 10 Hours October, 2002 through D. Performance Monitoring 120 1 Hrs X 0 Weeks = 1 20 1 Hours November, 2002 Minus vacation /time off November, 2002 Minus vacation /time off November, 2002 Minus vacation /time off The City of Round Rock will monitor the performance of the Subrecipient against the goals and performance standards required herein. Substandard performance as determined by the City of Round Rock will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within thirty (30) days after being notified by the City of Round Rock, contract suspension or termination procedures will be initiated in accordance with Section VI of this agreement. 2 City of Round Rock Subrecipient: Mona Ryan, Community Development Coordinator Pat Patterson Executive Director City of Round Rock Round Rock Volunteer Center 101 East Old Settlers Blvd., Suite 200 1701 S. Mays, Suite H Round Rock, Texas 78664 Round Rock, TX 78664 SECTION II: TIME OF PERFORMANCE Services of the Subrecipient shall start on the 1st day of October, 2002 and end on the 30th day of September, 2003. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets including program income. SECTION III: PAYMENT It is expressly agreed the total amount to be paid by the City of Round Rock under this contract shall not exceed $1,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph I.B. herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph I.B. and in accordance with performance. Payments will be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in OMB Circular A -110, Attachment F. SECTION IV: NOTICES Notices made pursuant to this contract shall be directed to the following representatives: SECTION V: SPECIAL CONDITIONS The Subrecipient shall agree to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development (HUD) regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3 A. General Compliance B. Independent Contract SECTION VI: GENERAL CONDITIONS The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this contract. It is understood and agreed that Subrecipient is an independent contractor and shall not be considered an employee of the City. Subrecipient shall not be within protection or coverage of the City's Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance that the City from time to time may have in force and effect. C. Hold Harmless The Subrecipient shall indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses , attorney fees and any and all other costs or fees incident to any work done as result of this Agreement and arising out of a willful or negligent act or omission of the Subrecipient, its officers, agents, servants, and employees ; provided, however, that the 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 the City, its officers, agents, servants and employees, or third parties. D. Amendments The term and conditions of this Agreement, including the attachments listed below, constitute the entire agreement between the parties and superseded all previous communications, representations, or agreements, either written or oral, with respect to the subject matter hereof. No modification or amendment of this Agreement will be binding on either party unless acknowledged in written by their duly authorized representatives. Attachments: a. Exhibit A — Client Data Form b. Exhibit B — Beneficiary Report Form c. Exhibit C — Project Budget d. Exhibit D Self Declaration of Income e. Appendix A — OMB Circular A -I10 f. Appendix B - 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities g. Appendix C - 24 CFR 570 CDBG Regulations Subpart J, Grant Administration h. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Other Program Requirements 4 E. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service in Paragraph I.A. above may only be undertaken with the prior approval of the City. In the event of any termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by Subrecipient under this Agreement shall, at the option of the City, become property of the City. The City may also suspend or terminate this Agreement, in whole or in part, if the Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Subrecipient ineligible for any further participation in City contracts, in addition to other remedies as provided by law. Should the Subrecipient fail to cure or correct such defects or failures identified by the City within the 15 days after notification of deficiencies, and such breach of contract relate to a violation of federal law or regulations which results in a demand for reimbursement from the Department of Housing and Urban Development (HUD) or its successor, the City may seek reimbursement of all funds from the City to the Subrecipient under this Agreement. Subrecipient shall not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Subrecipient and the City may withhold any payments to the Subrecipient for the purpose as set out and until such time as the exact amount of damages due the City from the Subrecipient is determined. Should the City become aware of any activity by the Subrecipient which would jeopardize the City's position with HUD which would cause a payback of CDBG funds or other City federal funds then the City may take appropriate action including injunctive relief against Subrecipient to prevent the transaction as aforesaid. The failure of the City to exercise this right shall in no way constitute a waiver by the City to demand payment or seek any other relief in law or in equity to which it may be justly entitled. F. Reversion of Assets Pursuant to 24 CFR 570.503, Subrecipient agrees that should it discontinue the services as provided for herein, then all unexpended CDBG funds shall be returned within 10 days to the City. The funds remaining will be appropriated to eligible CDBG activities in keeping with the City's budgetary process. A. Records and Reports 1. Recordkeeping SECTION VII: ADMINISTRATIVE REQUIREMENTS 5 The subrecipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program under 24 CFR Part 570.208; c. Records required to determine the eligibility of activities under 24 CFR Part 570.201 - 570.206; d. Financial records as required by 24 CFR Part 570.502, and OMB Circular A -110; and e. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Retention The Subrecipient shall retain all records pertinent to expenditures under this Agreement for a period of four (4) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, which ever occurs later. 3. Client Data The 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 "A ". Any other basis for determining eligibility must be approved by the Grantee in advance in writing, and description of services provided. Such information shall be made available to Grantee monitors or their designees upon request. 4. Progress Reports The Subrecipient shall submit regular Quarterly Progress Reports to the City of Round Rock in the form, content, and frequency as required by the City of Round Rock. These shall include but not be limited to summary of expenditures, list of beneficiaries and a brief narrative of accomplishments. Beneficiary reports should be submitted on Exhibit "B" unless an alternative report is approved by Grantee in advance in writing. 5. Disclosure The 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 the City of Round Rock's or the 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. 6. Property Records 6 The subrecipient shall maintain real property inventory records, which clearly identifies any properties purchased, improved or sold using funds provided under this Agreement. Property retained shall continue to meet eligibility criteria and shall conform to the "changes in use restrictions specified in 24 CFR Parts 570.503(b)(8). 7. Close -Outs Subrecipient obligation to the City of Round Rock shall not end until all closeout requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the City of Round Rock, and determining custodianship of records). 8. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the City of Round Rock, grantor agency, their designees or the Federal Government. At any time during normal business hours, as often as the City of Round Rock or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 clays after receipt by the Subrecipient. Failure by the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current city policy concerning subrecipient audits. B. Financial Management 1. Budgets A detailed contract budget is attached as Exhibit "C ". The City of Round Rock and the Subrecipient may agree to revise the budget from time to time in accordance with existing city policies. 2. Program Income The Subrecipient shall report quarterly all program income as defined at 24 CFR 570.504 generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with requirements set forth in 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the City of Round Rock at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the Grantee. Reporting of any such program income shall, at minimum, be included in quarterly reports under Section VI of this 7 agreement. Information on program income provided in these reports will include, but not be limited to, summaries of program income generated; a summary of expenditures of these funds; and a description of the use of program income sufficient for determining eligibility of these expenses under CDBG guidelines. 3. Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate City of Round Rock's share of administrative costs and shall submit such plan to the City of Round Rock for approval. 4. Payment Procedures The City of Round Rock will pay to the Subrecipient funds available under this contract based on information submitted by the 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 the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the City of Round Rock in accordance with advance fund and program income balances available under this contract for costs incurred by the City of Round Rock on the behalf of the Subrecipient. C. Procurement 1. Compliance All program assets (unexpended advanced funds) shall revert to the City upon termination of this Agreement. The only authorized expenditures of funds shall be travel vouchers or prepaid bus tickets as described herein. 2. OMB Standards The subrecipient shall procure materials in accordance with the requirements of Attachment 0 of OMB Circular A -110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. These requirements are referenced in 24 CFR Part 84, titled "Common Rule ". 3. Travel The Subrecipient shall obtain written approval from the City of Round Rock for any travel outside the metropolitan area with funds provided under this contract. The City shall determine that such travel is necessary and reasonable according to applicable standards outlined in OMB Circular A87. SECTION VIII: PERSONNEL & PARTICIPANT CONDITIONS 8 A. Civil Rights 1. Compliance The Subrecipient agrees to comply with (city and state civil rights ordinance referenced here) and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The 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 the City to monitor non - discrimination, the 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. The 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. The Subrecipient will take affirmative action to insure all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The 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. The 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 the handicapped in any federally assisted program. The City of Round Rock shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this contract. B. Conduct 3. Section 504 1. Assignability 9 The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the City. 2. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this contract, 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. 3. Conflict of Interest The Subrecipient understands and agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official of the City, or of any designated public agencies or subrecipient which are receiving funds under the CDBG Entitlement program. 4. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without written consent of the City of Round Rock prior to the execution of such Agreement. b. Monitoring of Subcontractors The 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. c. Content The 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. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the City of Round Rock along with documentation concerning the selection process. 10 The Subrecipient agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). The Subrecipient agrees to inform the City about any litigation the Subrecipient is or becomes in involved in. 7. Background Checks The Subrecipient agrees to conduct a criminal background check on all employees working directly with youth. IN WITNESS WHEREOF, this Agreement is executed on this I 7 day of 710V`e/ l at l_/ , 2002. CITY OF ROUND ROCK Round Rock Volunteer Center y �Taxwe 1 Mayor A ITEST: 5. Religious Organization 6. Pending Litigation Christine R. Martinez City Secretary Pat Patterson Executive Director Al LEST: ALA 11 Reporting Agency Information: Name: Address: Contact Person: Phone No. Date of Service Name Address City Zip Code Annual Family Income Family Size Female Head of Household Yes or No G:/Community Development/Public Services/Client Data EXHIBIT A Client Data Date: Reporting Agency Information: Name: Address: Contact Person: Phone No. Date of Service Name Address City Zip Code Amount Expended CDBG Activity G: /Community Development/Public Services/Beneficiary Report EXHIBIT B Beneficiary Report Date: EXHIBIT C Round Rock Volunteer Center's Budget Community Development Block Grant Program Round Rock Coats for Kids Program Income: Round Rock CDBG $1000.00 Expenses New coats purchased (50) $1000.00 Total Gain /loss -0- Self Declaration of Income Exhibit D This activity may be funded with federal Community Development Block Grant (CDBG) funds and is designed to pornanly benefit low to moderate- income households (LMI) This requires that the Applicant meet and certify the amount of their annual household mcome in order to participate in the program. Applicant should not provide his /her signature unless he /she has read and understands the income information they are certifying under penalty of law. At the discretion of the program, Apphcant may be required to provide documentation to support the self - declaration of income. Applicant Information Applicant Name: SSN #: Co- Applicant Name: SSN #: Applicant Address: - City: Zip: Tel No . Ethnicity (check one): Anglo; _ Afro- Amencan; _ Latino; _ Asian; Native American; Pacific Islander; Other Applicant Household Income Infoniiation Estimate the annual income of the household by projecting the prevailing rate of income of each person at the time assistance is provided for the individual, family, or household (as applicable). Estimated annual income shall include income from all sources of household members as apphcable. Income or asset enhancement derived from the CDBG- assisted activity shall not be considered in calculating estimated annual income. Family income cannot exceed the amounts fisted below: Family Size Extremely low Income Very low Income Low Income 1 14,950 24,900 38,100 2 17,050 28,450 43,500 3 19,200 32,000 48,950 4 21,350 35,550 54,400 5 23,050 38,400 58,750 6 24,750 41,250 63,100 7 26,450 44,100 67,450 8 28,150 46,950 71,800 Annual Household Income• < $ Number of persons living in household: _ Applicant Self Declaration Certification Evidenced by the signature below, Applicant certifies his or her annual household income. Applicant certifies that the information herein provided is true and accurate. Applicant further acknowledges that any inaccuracy and /or misrepresentation provided herein may constitute fraud, which is punishable by law. Applicant certifies that all information provided herein and any attachments hereto, are true and correct as of the date set forth opposite signature. Apphcant acknowledges that Title 18, Section 1001 of the U.S. Code states that any person that makes intentional or negligent statements to any department of the United States Government is guilty of a felony that could result in but not be limited to a fine, imprisonment, or both. Applicant Signature Date Program Use Only: Program /Activity Name: Coats for Kids HUD Income guidelines used to certify client dated: March 4, 2002 HUD maximum income allowance based upon the sue of household is: $ Based upon client information provided, client household: (check one) ❑Does meet income qualifications DDoes not meet income qualifications Reviewer's Signature. Date: CDBG/Community DevelopmentEtyibility Forms/Self Declaration of Income,doc