R-02-11-14-13A8 - 11/14/2002RESOLUTION NO. R- 02- 11- 14 -13A8
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 Williamson
County Crisis 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 Williamson County
Crisis Center for the Williamson County Crisis Center Shelter 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 Williamson County Crisis Center for the Williamson
County Crisis Center Shelter 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
�� ODMA\ WORLOOX\ 0 ∎ \WOOX\RRSOLDTI \R21119A8.WPD /sc
Government Code, as amended.
A T ST:
RESOLVED this 14th day of November, 2002.
CHRISTINE R. MARTINEZ, City Secret(4r
2
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 Williamson County Crisis 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: Williamson County Crisis
Center Shelter Project. Under this program, the subrecipient agrees to provide these services for:
Total Persons 628
Low to Moderate Income Persons 500
B. Level of Accomplishments
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
Activity
Client Served
Construction of Fence Estimated number of Clients to benefit: 628
ADA Compliant Exit Doors Estimated number of Clients to benefit: 10
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: DIRECTOR
December 1, 2002 through
Position: SHELTER DIRECTOR
December 1, 2002 through
Position: VICTIM'S ADVOCATE
December 1, 2002 through
Position: CHILDREN'S ADVOCATE
December 1, 2002 through
D. Performance Monitoring
8
1 40
Hrs X 139 1 Weeks = 1 312 1 Hours
September 30, 2003 Minus vacation/time off
Hrs X 39 Weeks = 1 1,560 1 Hours
September 30, 2003 Minus vacation /time off
40
September 30, 2003 Minus vacation/time off
I40
Hrs X m Weeks = 1 1,560 I Hours
Hrs X 139 1 Weeks = 1 1,560 1 Hours
September 30, 2003 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
Theresa Bullard
Executive Director
City of Round Rock
Williamson Country Crisis Center
101 East Old Settlers Blvd., Suite 200
211 Commerce, Suite 103
Round Rock, Texas 78664
Round Rock, TX 78664
SECTION II:
TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of December, 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 $8,000. 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
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.
B. Independent 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 Hannless
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 -110
f. Appendix B — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
S. Appendix C — 24 CFR 570 CDBG Regulations Subpart 7, 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 (:I'R 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. 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 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.
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
ATTEST:
Nyle Maxwell
Mayor
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
Williamson County Crisis Center
Christine R. Martinez
City Secretary
Theresa Bullard
Executive Director
ATTEST:
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/Cllent 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:
American Fence & Supply Company:
Cowart Door Systems:
EXHIBIT C
WILLIAMSON COUNTY CRISIS CENTER SHELTER PROJECT
6' wood picket fence 166' @$14.50 $2,407
8' wood picket fence 378' @ $19.50 $7,371
$9,778
Cost includes labor to remove old fencing and install new fencing
Hollow Metal Door leafs 4 @ $375 $1,500
36" Rim Style panic devict4 @$225 $900
36" Outside Trim with thumb
latch and pull handle 4 @ $200 $800
Heavy duty hydraulic door
closer, surface applied 4 @ $85 $340
Labor for each door, 2.5 hours
@ $88 =$220 4 @ $220 $880
$4,420
TOTAL $14,198
*Please note that these are initial bids and according to state and federal guidelines and agency policy, w
we will solicit a minimum of three bids before contracting for the work to be completed.
• -r ' .''"- 7 :ii.'vr.. , ,_ta "s'. Family Size,: <. ..x., r7 ", . , i- ,AI
_
'.2 .
. 1n? 3 „',w
-WA +
i';'5 "
:6
7 , :• x
;8
Extremelylowlncome
14,950
17,050
19,200
21,350
23,050
24,750
26,450
28,150
Very low income
24,900
28,450
32,000
35,550
38,400
41,250
44,100
46,950
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 information they are certifying under penalty of law. At
the discretion of the program, Applicant may be required to provide documentation to support the self - declaration of
income.
Applicant Information
Applicant Name: SSN #:
Co- Applicant Name: SSN #:
Applicant Address: Cit 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: Crisis Center Shelter Program
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: (cloak one)
['Does meet income qualifications ❑Does not meet income qualifications
Reviewer's Signature: Date:
CDBG/Commumty Development/Eligie:aty Forms/Self Declaration of Income.doc
DATE: November 7, 2002
SUBJECT: City Council Meeting — November 14, 2002
ITEM: * 13.A.8. Consider a resolution authorizing the Mayor to execute a
Community Development Block Grant Program Agreement
with The Williamson County Crisis Center Shelter Project for
$8,000.00.
Resource: Joe Vining, Planning Director
Mona Ryan, Community Development Coordinator
History: This agency provides temporary shelter to victims of domestic violence. The
grant money will be used to build security perimeter fencing and add ADA
compliant exit doors.
Funding:
Cost: $8,000
Source of Funds:
Community Development Block Grant
Outside Resources: US Department of Housing and Urban Development
Benefit: Approximately 600 persons utilize the shelter program annually, of which 500
are low and moderate income.
Public Comment: All requirements for public input were met through the five
hearings held for community needs.
Sponsor: Planning and Community Development Department
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 Williamson County Crisis 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: Williamson County Crisis
Center Shelter Project. Under this program, the subrecipient agrees to provide these services for:
Total Persons 628
Low to Moderate Income Persons 500
B. Level of Accomplishments
In addition to normal administrative services required as part of this Agreement, the Subrecipient
agrees to provide the households /persons the following program services:
f. oa- ii- iy -1
1
Persons Assisted
Activity
Construction of Fence Estimated number of Clients to benefit: 628
ADA Compliant Exit Doors Estimated number of Clients to benefit: 10
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: DIRECTOR 1 8 1 Hrs X 139 1 Weeks = 1 312 1 Hours
December 1, 2002 through September 30, 2003 Minus vacation /time off
Position: SHELTER DIRECTOR 1 40 I Hrs X 139 1 Weeks = ( 1,560 I Hours
December 1, 2002 through September 30, 2003 Minus vacation /time off
Position: VICTIM'S ADVOCATE 140 I Hrs X 139 I Weeks = I 1,560 I Hours
December 1, 2002 through September 30, 2003 Minus vacation/time off
D. Performance Monitoring
Position: CHILDREN'S ADVOCATE 140 1 Hrs X 39 Weeks = 1 1,560 I Hours
December 1, 2002 through September 30, 2003 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
Client Served
City of Round Rock
Subrecipient:
Mona Ryan,
Community Development Coordinator
Theresa Bullard
Executive Director
City of Round Rock
Williamson Country Crisis Center
101 East Old Settlers Blvd., Suite 200
211 Commerce, Suite 103
Round Rock, Texas 78664
Round Rock, TX 78664
SECTION II:
TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of December, 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 $8,000. 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.
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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 attomeys' 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
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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
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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
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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(6)(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
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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
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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.
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.
B. Conduct
1. Assignability
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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.
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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 day of i ' (�J �J �J i t2L1I�L
, 2002.
CITY OF ROUND RO
Mayor
5. Religious Organization
6. Pending Litigation
axwell
Christine R. Martinez
City Secretary
R
Williamson County Crisis Center
Theresa Bullard
Executive Director
Al 1
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Reporting Agency Information:
Name:
Address:
Contact Person:
Phone No.
EXHIBIT A
Client Data
Date:
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
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 ServicesBeneficiary Report
EXHIBIT B
Beneficiary Report
Date:
American Fence & Supply Company:
Cowart Door Systems:
EXHIBIT C
WILLIAMSON COUNTY CRISIS CENTER SHELTER PROJECT
6' wood picket fence 166' @$14.50 $2,407
8' wood picket fence 378' @ $19.50 $7,371
$9,778
Cost includes labor to remove old fencing and install new fencing
Hollow Metal Door leafs 4 @ $375 $1,500
36" Rim Style panic devici4 @$225 $900
36" Outside Trim with thumb
latch and pull handle 4 @ $200 $800
Heavy duty hydraulic door
closer, surface applied 4 @ $85 $340
Labor for each door, 2.5 hours
@ $88 =$220 4 @ $220 $880
$4,420
TOTAL $14,198
*Please note that these are initial bids and according to state and federal guidelines and agency policy, w
we will solicit a minimum of three bids before contracting for the work to be completed.
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. Apphcant should not provide his /her
signature unless he /she has read and understands the income information they are certifying wider 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 apphcable). Estimated annual income shall include
income from all sources of household members as applicable. Income or asset enhancement denved from the CDBG-
assisted activity shall not be considered in calculating estimated annual income. Family income cannot exceed the
amounts listed 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 m 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, impnsonment, or both.
Apphcant Signature
Date
Program Use Only:
Program /Activity Name: Crisis Center Shelter Program
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 oxe)
❑Does meet income qualifications ❑Does not meet income quahfications
Reviewer's Signature: Date:
CDBGICommunity Development/Eligibility Forms/Self Declaration of Income doc