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R-81-376 - 4/23/1981STATE OF TEXAS COUNTY OF TRAVIS SECTION I. SECTION II. SECTION IV. AMENDMENT N0. 1 to YCC CONTRACT NO. 00025206381 BETWEEN TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF ROUND ROCK Page 1 of 2 The Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and the City of Round Rock, hereinafter referred to as "Contractor ", do hereby agree and contract to amend their original contract as initially executed by the Executive Director of the Department on May 1, 1981, for the operation of a Youth Conservation Corps project during the period of May 1, 1981 to August 31, 1981. The total of all payments and other obligations incurred by the Department as given in Section IV of such contract was not to exceed Twenty -Four Thousand and No /100 Dollars ($24,000.00). The parties hereto agree to amend Attachment 11 of the contract identified above in Section I by deleting in its entirety and substituting in lieu thereof Exhibit I of this amendment, which is attached hereto and hereby made a part of this amendment. SECTION III. The parties hereto agree that this amendment shall become effective this 7th day of August, 1981. The parties hereto contract and agree that all the terms of the above named contract and all amendments thereto executed prior to the effective date of this amendment shall remain in effect and shall continue to govern except to the extent that they conflict with this amendment. Nothing in the amendment shall be construed as authorizing a violation of federal, state or local laws or regulations as they pertain to such contract identified above in Section I. — ..-- - - By signing this amendment, the parties expressly understand and agree that this amendment is hereby made a part of the contract identified in Section 1 above as though it were .set forth word for word therein. t WITNESS OUR HAND EFFECTIVE THIS 7th day of Augus 1981. Approved and accepted on behalf of, the Texas Department of Community Affairs, an agency of the State of Texas. Page 2 of 2 y yor City of Round Rock, Texas Executi - 'Director Department of Community Affairs This contract is not effective unless signed by the Executive Director of the Department. REVIEWED: Division Director: Legal Counsel: Fiscal Director: • —. 1. Personnel 2. Fringe Benefits 3. Travel 4. Egillp.kr.1 5. SLIT lies 6. Contractual 7. Construcl ion 8: Other 9. Toro! Direct Charges 10. Indirect Charges 11. TOTAL 12. federal Share 13. Non Federal Share 14. Program Income IS. Detail on Indirect Costs: Type of Rate (Mark one box) R 110 EXHIL311 1 OF AFILNUILit I 1 nmon•ell APPLICATION FOR FEDERAL. ASSISTANCE (Short Form) PART II -- 01.11.tiET DA I"A FEDERAL NON-FEDERAL J 1 $17,775.00 3,146.00 -0- - 0- 2,079.00 -0- - 0- 1,000.00_ 24,000.00 7 $24,000.00 Li Final $: 742.00 - 0- 2,475.00 - 0- 2,583.0O - 0- -0- 200.00 6,000.00 -0- $6,000.00 r f'rootial 1 f'redeterritina1 ri Fixed % Base Total knot I la. Enrollee Pay lb. Staff Pay 2a. Enrollee Fringe Benefits 2b. Staff Fringe Benefits Page 1 of 1 PART 111 Program lietretive Stool-nom (Mt.ch widet 11 rror•••myl FEDERAL NONFEDERAL 14,175.00 -0- 3,600.00 742.00 2,509.00 -0- 637.00 -0- Z. 0 11 ToTAL (0 $18,517.00 3,146.00 2 475.00 - o- 4.662 - 0- -0- 1,200.00 30,000.00 -0- $30,000.00 ;l Texas Department Of Community Affairs Sidney M. Wieser, Executive Director The Honorable Larry Tonn Mayor City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Dear Mayor Tonn: Enclosed is your executed copy of Amendment #1 to the Youth Conservation Corps (YCC) contract #00025206381 between the City of Round Rock and the Texas Department of Community Affairs. Should you have any questions concerning this amendment, please do not hesitate to contact this Division at 512/475 -5833. /ml Enclosure cc: Sharon Prete Lori Henderson MAILING ADDRESS: BOX 13166, CAPITOL STATION AUSTIN, TEXAS 78711 TELEPHONE: 1 -800- 252 -9642 or 512 -475 -2431 September 2, 1981 Sincerely, vd� Bill Orman, Director Children fi Youth Services Division AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER BUILDING LOCATION: 210 BARTON SPRINGS ROAD AUSTIN, TEXAS 78704 Texas Department Of Community Affairs Sidney M. Wieser, Executive Director May 11, 1981 The Honorable Larry Tonn Mayor City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Dear Mayor Tonn: Enclosed is your executed copy of the 1981 Youth Conservation Corps (YCC) contract between the City of Round Rock and the Texas Department of Community Affairs, for the 1981 YCC program. Should you have any questions concerning this contract, please do not hesitate to contact this Division at 512/475 -5833. Sincerely, Bill Orman, Director Children & Youth Services Division /ml cc: Sharon Prete Enclosure MAILING ADDRESS: BOX 13166, CAPITOL STATION AUSTIN, TEXAS 78711 TELEPHONE: 1 -800- 252 -9642 or 512.475.2431 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER BUILDING LOCATION: 210 BARTON SPRINGS ROAD AUSTIN, TEXAS 78704 STATE OF TEXAS § COUNTY OF TRAVIS § TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CHILDREN AND YOUTH SERVICES DIVISION CONTRACT FOR YOUTH CONSERVATION CORPS PROGRAM OPSRATION 1981 SECTION I. Parties to Contract This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as "Department" and the City of hound Rock, hereinafter referred to as "Contractor." The parties hereto have severally and collectively agreed and by exception hereof are bound to the mutual obligation and to performance and accomplishment of the task hereinafter described. SECTION II. Contractor Performance Contractor will operate a Youth Conservation Corps project in accordance with the Youth Conservation Corps Act, hereinafter referred to as "the Act," 16 U.S.C.A. §§ 1701 - 1706 (Supp. 1977), and federal program regulations. Contractor shall render the performances specified by, and shall render such Performances in accordance with, Attachment I hereby made a part of this contract. Such Youth Conservation Corps project shall be hereinafter referred to as the YCC Project. SECTION III. Contract Period This contract and agreement shall commence May 1, 1981 and shall terminate August 31, 1981. SECTION IV. Department Funding Obligations A. Measure of Liability In consideration of full and satisfactory performance hereunder, the Department shall be liable to the Contractor in an amount equal to eighty percent (80 %) of the actual costs incurred by the Contractor for performances rendered hereunder subject to the following limitations: 1. The Department shall not be liable to the Contractor for expenditures made in violation of Sections 214.5 (j)(1) and (m) of the regulations promul- gated under the Act, 53 Fed. Reg. 40998 -41008 (1978), or in violation of any other regulations promulgated pursuant to the Act. 2. The Department shall not be liable to the Contractor for expenditures for construction of residential facilities except for necessary renovation or modification of existing facilities and their necessary basic infrastructure. The Department shall be liable to the Contractor for its capital outlays only when the Contractor has exerted its best effort to keep capital outlays to a minimum. Any single purchase of a capital asset hereunder in excess of One hundred dollars ($100.00) shall require prior written approval of Depart- ment as a requirement in addition to that requirement imposed by the preceding sentence. 3. The Department shall not be liable to the Contractor for any expendi- tures which are not allowable costs defined in FMC 74 - 34 C.F.h. 255 (1970), or which have not been made in accordance with the requirements for program management in OMB Circular A -102, 42 Fed. Reg. 45828 -91 (1977). S / -D8H'J Page 1 of 16 4. Thee Department shall not be liable to the Contractor for costs incurred or performances rendered unless such coats and performances are atrictly in accordance with the terms of this contract, including, but not limited to, terms governing the Contractor's promised performance, the description of that performance as specified in Attachment I, the budget set forth in Attach- ment II, and all written amendments hereto signed and agreed to by both the Department and the Contractor or resulting from the Contractor's acceptance of proposed amendments in the manner prescribed in Subsection C of Section XV. 5. The Department shall not be liable to the Contractor for expenditures that do not satisfy any of the following cost descriptions: a. Personnel - Includes staff and enrollee pay. b. Fringe Benefits - For enrollees, includes only FICA, accidental injury compensation, and tort claims coverage, and is subject to the limitations stated in 43 C.F.R. Subsection 214.5 (S). Staff costs include employer's share of fringe benefits such as Social Security, health insurance, worker's compensation, etc. c. Travel - Includes transportation of enrollees and staff to and from project sites and staff transportation to and from training sites and for enrollee selection and recruitment. Travel cost shall include rate per mile, per diem, and other types of travel expenses authorized by the Department, pursuant to Section XXXI of the contract. d. Equipment - Includes the purchase of any equipment necessary to carry out the project,.but subject to the limitations set forth in the paragraph below. Includes required items such as safety equipment. e. Supplies - Includes supplies necessary to carry out the pro- ject both in the field and administratively. Includes such items as work and environmental awareness materials, vehicle operation and maintenance, equipment operation and maintenance. f. Contractual - Includes any items that are contracted for, leased or rented by the Contractor to carry out the YCC project, but sub- ject to the limitations set forth in the paragraph below. g. Other - Includes all costs necessary for operation of the project, but subject to the limitations set forth in the paragraph below. h. Indirect Costs - Includes indirect cost to operate program. Con- tractor must have an approved indirect cost plan. i. Program Income - Includes any income arising from the project. Contractor's expenditures for single items of "Equipment" with a purchase price of One Hundred Dollars ($100.00) or more as specified in cost category number four of Attachment II (Budget) and any Contractor's expenditures, regardless of amount, for "Contractual" and "Other" as specified by cost categories numbers six (6) and eight (8), respectively, of Attachment II (Budget) shall be limited to those expenditures which either have been ap- proved in advance in writing by Department or are enumerated as'follows: Equipment - Gardening tools, power saws and drills, post hole drills, grass mowers, hand tools, safety equipment. Contractual - Transportation vehicles, heavy earth moving equipment, re- production equipment. Other - Start -up expenses, program planning, training, postage, utilities, telephone, audit, medical, first aid, printing, advertising, office space, camp opening and closing costs. Page 2 of 16 Furthermore, the Department shall in no event be liable to the Contractor in any amount properly allocable to one of the cost descriptions hereinabove specified that exceeds the amount set forth in the budget schedule for that coat description as is set forth in Attachment II of this contract. 6. Notwithstanding Subsection D of this Section, it is understood and agreed by the parties hereto that - the Department's obligations under this Section are contingent upon actual receipt of adequate funds from the United States Department of Agriculture and'the United States Department of Interior to meet putative liabilities under this Subsection, provided that if the United States Departments of Agriculture and Interior give the Department written and specific notice that the Department will not receive adequate funds to make payments to the Contractor under this contract, the Department shall notify the Contractor in writing to that effect within a reasonable time thereafter. 7. Department shall not be liable for any costs incurred by,Contractor in the performance of this contract which have not been billed to Department within ninety (90) days following the termination of this contract. - S. Department shall not be liable to Contractor for coats incurred by Con— tractor before the commencement of this contract or after the termination of this contract. 9. Department shall not be liable to Contractor for any cost incurred by Contractor, or portion thereof which: (a) has been paid to Contractor or is subject to payment to Contractor, or (b) has been reimbursed to Contractor or is subject to reim— bursement to Contractor, by any source other than Department or Contractor. B. Method of Payment 1. The Contractor hereby elects to receive payments from the Department hereunder as provided in the provision checked below: /_/ Monthly Reimbursement Basis. The Contractor shall submit a requisition for payment not more than twice per month on a form prescribed by the Department. Within a reasonable time after receipt of the Contractor's re— quisition for payment, the Department shall pay to Contractor an amount equal to Departmental liabilities accrued as specified in Subsection A of this Section. / X / Advance Payment Basis. a. The Contractor shall request an advance payment in an amount equal to Contractor's reasonable estimate of one average month's needs for funds but not exceeding thirty percent (30%) of the maximum Department Liability specified by Subsection D of this Section. The request for advance shall be submitted on a form prescribed by the Department and shall be received by Department's Children and Youth Services Division at least three (3) weeks prior to the date upon which Contractor wishes to receive the advance. b. Following Department's receipt of the request for advance from Contractor made in accordance with Subsection B(1)(a) of this Section IV, Department shall pay to the Contractor the amount so requested against Departmental liabilities accrued or to be accrued as specified in Subsection A of this Section IV. Page 3 of 16 c. Following receipt by Contractor of Department's payment pursuant to Subsection B(1)(b) of this Section IV, Contractor shall bill (according to Department's reasonable billing instructions) De- partment periodically, but no more than twice in any monthly per- iod, in the amount of Departmental liabilities actually accrued (pursuant to Subsection A of this Section IV) but not previously billed by Contractor. Department shall pay to Contractor an amount equalling Departmental liabilities actually accrued (pur- suant to Subsection A of this Section) but not previously billed and paid pursuant to this Subsection B(1)(c) against Departmental liabilities accrued or to be accrued as specified in Subsection A of this Section. 2. Notwithstanding the provisions of Paragraph 1 of this Subsection B, it is expressly understood and agreed by the parties hereto that payments under this contract are conditioned upon Contractor's full and satis- factory performance of its obligations under this contract. 3. It is further expressly understood and agreed by the parties hereto that Contractor's performance upon which final payment is conditioned shall include, but not be limited to, the following: a. Contractor's complete and satisfactory performance of its obligations for which final payment is sought; b. timely submission to the Department of the final close -out or expenditure report required under this contract, and c. timely submission of the audit report required under this contract. Prior to Contractor's performance of the above - listed obligations, the De- partment may, at its sole option and in its sole discretion, withhold the final payment, in whole or in part, until such time as Department has deter- mined from such final report and /or audit the final amount owing under this contract. Within a reasonable time following the determination by the De- partment of the final amount owing under this contract, the Department shall pay to Contractor the amount determined by Department to be the final amount owing under this contract. 4. Notwithstanding any other provision of this contract, it is expressly understood and agreed by the parties hereto that the Department may, at its sole option and in its sole discretion, offset any amounts with- held or otherwise owing to the Contractor hereunder against any amount owing but unpaid by Contractor to Department arising from this or any other contract between' Department and Contractor. 5. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Subsection B or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. C. Excess Payments Contractor shall refund to Department any sum of money which has been paid by Department which Department determines (1) has resulted in overpayment to Contractor or (2) has not been spent strictly in accordance with the terms of this contract within ten (10) working days after the refund is requested by Department. Page 4 of 16 D. Limit of Liability Notwithstanding any other provision of this contract, the total of all pay- ments, liabilities and other obligations made or incurred by the Department hereunder shall not exceed the sum of Twenty -Four Thousand Dollars ($24,000.00). SECTION V. Enrollee Selection A. The Department shall provide the Contractor with a list of qualified ap- plicants for its YCC Project. From this list and from qualified youth who have participated in prior YCC projects (returnees) Contractor shall select and hire at least twenty (20) enrollees for at least seven (7) weeks for its YCC project. The Contractor shall be responsible for screening the list of qualified applicants provided by the Department to determine whether such applicants have participated in previous YCC Projects. Contractor shall insure that no more than ten percent (10 %) of the enrollees employed shall have been enrollees in previous years. All returnees shall be designated as Enrollee Youth Leaders. B. The Contractor assures that all enrollees in the YCC Project have attained the age of fifteen (15) by June 1, 1981, but have not attained the age of nineteen (19) by August 30, 1981, are permanent residents of the United States or its territories, possessions, or Trust Territory of the Pacific Islands; shall be employed without regard to personnel laws, rules, and regulations applicable to full -time employees of the Contractor; shall be employed for a period not to exceed ninety (90) days in any calendar year; and shall be em- ployed without regard to their sex or social, economic, or racial classifica- tion. C. The Contractor shall operate the YCC Project so that enrollees' participa- tion is required only during summer months. SECTION VI. Non - Federal /Non - Departmental Employee It is understood and agreed by the parties hereto that the YCC Project en- rollees are employees of the Contractor and shall be insured accordingly. The Contractor shall pay enrollees Federal or State minimum wage, whichever is higher. The Contractor shall exert its best effort to assure that its YCC en- rollees receive the same hourly wage as Federal YCC enrollees. The Contractor shall employ enrollees for forty (40) hours of work - learning activities per week of which twenty -five percent (25 %) shall be integrated environmental awareness. Enrollees shall be paid for thirty (30) hours of work per week, or seventy -five percent (75 %) of the total number of hours in the Contractor's established work week (if less than 40 hours), whichever is less. Enrollee Youth Leaders shall be paid $1.50 per day above the normal enrollee wage. SECTION VII. Safety Standards A. The Contractor shall provide to the Department by May 29, 1981, a written accident control, health, and safety program. As a minimum, the Contractor shall comply with United States Department of Labor bulletin No. 101, "A Guide to Child Labor Provisions of the Fair Labor Standards Act ", and "Safety and Health Regulations" provided by the Department. B. Contractor shall provide on -site adult supervision of enrollees at all, times during which the work activities are being performed, based on the num- ber of enrollees in Section V. The Contractor shall provide on -site supervi- sory personnel in the ratio of at least one adult supervisor for every ten enrollees. Page 5 of 16 SECTION VIII. Reporting Requirements A. The Contractor shall submit a Financial Status Report on a form prescribed by the Department. The Contractor shall prepare these reports on an accrual accounting basis using the functional headings with appropriate items under each as listed in Section IV, Subsection A, Paragraph 5 of this contract. The Contractor shall submit this report to the Department's Children and Youth Services Division on a monthly basis within five (5) working days after the end of the month covered by the report, except that where the Contractor bills the Department more than once per month, the Contractor shall submit a report to the Department's Children and Youth Services Division together with its submission of each requisition for payment. B. The Contractor shall maintain fiscal records and supporting documents for all expenditures of funds under this contract. The Contractor shall submit a final Financial Status Report to the Department's Children and Youth Services Division within thirty (30) days after the end of the contract period. C. The Contractor shall submit a final Program Narrative Statement which shall include: (1) location of project including mailing address, street address, and county; (2) distance to and name of nearest town; (3) number of enrollees in the project; (4) enrollee loss rate; (5) type of project (7-day residential, 5-day residential, nonresidential, or other); (6) length of session including number of weeks and beginning and ending dates; (7) de- scription of living conditions including types, age, and condition of tents, cabins, dormitories, or other facilities; (8) project staff including number of staff and their position titles; (9) complete calculation for daily rate of enrollee pay including deduction for food and lodging, if any; (10) de- scription of health and safety program; (11) description of enrollee and staff recruiting and selection systems including description of affirmative action measures taken to assure that minority and other disadvantaged persons re- ceive equal opportunity and consideration; (12) description and hours of en- rollee integrated environmental work - learning experience by resource category, and value of work supplies and materials by resource category; (13) descrip- tion and value of.work accomplished by resource category (for example, a tim- ber management, recreation, etc.); (14) the Contractor's agreement to adminis- ter tests, conduct interviews, or otherwise assist the Department and the Federal Government in collecting data on the YCC program. The Contractor shall submit this final Program Narrative Statement to the Children and Youth Services Division of the Department within twenty (20) days after the end of the contract period. D. ,The Contractor shall submit such other reports on the operation and per- formance of this contract as may be required by the Department. The Depart- ment may use any reports submitted by the Contractor to measure accomplish- ments in achieving objectives stated in this contract. E. The Contractor shall maintain a written inventory list'of all items of equipment purchased with funds provided under this contract'and with a pur- chase price of One Hundred Dollars ($100.00) or more. This'inventory list shall be maintained in accordance with the requirements for property management in OMB Circular A -102, Attachment N, 42 Fed. Reg. 45889 (1977). At the time Contractor submits to Department its Financial Status Report covering expenditures for the month of June, it shall also submit to Department a copy of its inventory list. Contractor shall also submit a final inventory list at the time it submits its final Financial Status Report. Contractor shall comply with the instructions of the Department, the United States Department of Agriculture, or the United States Department of the Interior concerning the disposition of inventoried items. Page 6 of 16 SECTION IX. Audit The Contractor shall arrange for an independent audit by the local government audit staff, a certified public accountant, or an audit firm of funds re- ceived under this contract. The Contractor assures that the audit shall be conducted in compliance with the requirements of Attachment P of OMB Circular A -102 Revised, 42 Fed. Reg. 45831 -45832 (1977) as if such requirements were directly applicable to the Contractor. Said audit shall include schedules reflecting total receipt and disbursements by contract budget cost categories of the federal and non - federal funds involved in performances funded under this contract, indicate any questioned costs, and must be consistent with gen- erally accepted audit procedures. A copy of this audit shall be submitted to the Department's Children and Youth Services Division within ninety (90) days after termination of this contract. SECTION X. Maintenance of Records The Contractor agrees to maintain all books, records, documents, reports and accounting procedures pertaining to the operation of programs and expenditures of funds under this contract for three (3) years from the date of final pay- meat under this contract or four (4) years, whichever period expires first. Records shall be retained beyond this period if audit findings have not been resolved. In this event, the records shall be retained by the Contractor for a period of three (3) years from the time when the audit findings are resolv- ed. The Contractor shall keep these records, documents, and reports in good and accessible condition. SECTION XI. Department Monitoring The Contractor shall give the Department and the United States Departments of Agriculture and Interior, through their authorized representatives, access to and the right to examine any or all pertinent records, files, books, or other written materials relating to this contract and maintained by the Contractor or any person or other entity with whom any portion of -the performance here- under has been subcontracted. The Contractor shall give the Department and the United States Departments of Agriculture and Interior the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. SECTION XII. Independent Contractor It is expressly understood and agreed by both parties hereto that the Depart- ment is contracting with the Contractor as an Independent Contractor and that the Contractor, as such, agrees to hold the Department harmless and to indem- nify from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by the Contractor under this contract. SECTION XIII. Subcontracts A. Contractor shall subcontract for the performances specified herein only where such subcontracts and the subcontractors are expressly specified here- in or with the prior written approval of such subcontracts and subcontractors by the Department. Contractor, in subcontracting $ny of the performances hereunder shall legally bind subcontractors to perform subject to all the duties, requirements, and obligations specified of Contractor herein with respect to such performance or any portion thereof. Page 7 of 16 B. In no event shall any provision of this Section, specifically including the requirement that Contractor obtain the prior approval of Department on Contractor's subcontracts, be construed as relieving Contractor of the re- sponsibility for insuring that the performances rendered under all subcon- tracts are rendered so as to comply with all the terms and provisions of this contract as if the performances rendered were rendered by Contractor hereunder. C. The Contractor agrees that it will not execute any subcontract for per- formances hereunder pursuant to which the funds and resources provided the subcontractor under the terms of the subcontract would be substituted for funds and resources from other sources or would in any way serve to reduce the resources, services or other benefits which would have been available to, or provided through, the Contractor or subcontractor had such subcontract not been executed. D. The Contractor agrees that in all subcontracts it executes for perform- ances hereunder the contractual relationship shall be governed by the princi- ples stated in the "Conflict of Interest" and "Nepotism" provisions and that all subcontracts shall contractually bind Contractor and its subcontractor to abide by such principles. E. Departmental approval under this Section does not constitute adoption, ratification, or acceptance of Contractor's or subcontractor's performance under this contract. Department maintains the right to insist upon Contract- or's full compliance with the terms of this contract, and by the act of approval under this Section, Department does not waive any right of action which may exist or which may subsequently accrue to Department under this contract. SECTION XIV. Compliance with Laws A. The Contractor shall comply with the requirements of the Act and with the rules and regulations promulgated thereunder. B. The Contractor shall conduct its activities under this contract and shall comply with the terms of this contract in such a manner as to prevent or to correct a breach of the Department's contract with the United States Depart- ments of Agriculture and Interior to operate the YCC projects under the Act. C. The Contractor shall comply with Federal Management Circular (FMC) 74 -4 and Office of Management and Budget Circular (OMB) No. A -102 Revised, 42 Fed. Reg. 45828 -45891 (1977), Office of Management and Budget Circular (OMB) Circular No. A -95, 38 Fed. Reg. 32874 (1973), and all revisions thereof, to the extent and in the manner determined by the United States Departments of Agriculture and the Interior to be applicable to the Contractor and which concern the utilization of funds, the procurement of goods and services, the operation of projects, and the maintenance of records, books, accounts and other documents under the Act. D. The Contractor shall comply with all applicable statutes, ordinances, codes, regulations, rules, and other laws of the state and local governments. SECTION XV. Amendments and Changes A. Any alteration or addition to, or deletion from the terms of this contract which are required by changes in Federal laws, or Federal regulations promul- gated pursuant thereto, are automatically incorporated into this contract without written amendment hereto and are effective on the date designated by the law or regulation. B. If the Contractor cannot conform to the changes required by Federal laws or Federal regulations promulgated pursuant thereto, the Contractor shall notify the Department in writing no later than the effective date of such law or regulation that it cannot conform. The Department shall then establish the standards for the termination of Contractor's YCC Project and shall term- inate the contract as soon as possible. Page 8 of 16 C. Any alteration, addition, or deletion to the terms of this contract shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in some other manner by the terms of this contract. SECTION XVI. Order of Precedence In the event that there are conflicts among the provisions of this contract, the conflicts shall be resolved by giving precedence to the sections appear- ing on the first sixteen (16) pages of this contract and all amendment's thereto. SECTION XVII. Non- Discrimination and Equal Opportunity The Contractor agrees that it shall comply with the following Equal Employment Opportunity (EEO) Requirements: A. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that participants are treated during employment without regard to their race, religion, color, sex, age, or national origin. Such action shall include, but,not.be limited to, the following: employment, upgrading, demotion or transfers; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forma of compensation; and selection for training, including apprenticeship. The Contractor agrees to poet, in con- spicuous places available to participants and applicants for employment, notices setting forth the requirements of these non - discrimination provisions. B. The Contractor shall state in all solicitations or advertisements for par- ticipants and employees placed by or on behalf of the Contractor that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, or national origin. C. The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice, advising the labor union of workers' representative of the Contractor's commitments to equal employment opportunity and affirmative action, and shall post copies of the notice in conspicuous places available to participants and applicants for employment. D. The Contractor shall comply with all applicable equal opportunity laws, other employment laws, rules, regulations and orders, on federal, state, and local levels. E. The Contractor shall furnish all information and reports and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with equal opportunity and affirmative action. F. In the event of the Contractor's non - compliance with equal opportunity conditions of this contract, the Department may cancel, terminate, or suspend this contract in whble or in part; the Contractor may be declared ineligible for further contracts and auch other sanctions may be imposed and remedies invoked as otherwise provided by law. G. The Contractor shall include all of Subsections (A) through (G) in every eligible subcontract or purchase order so that such provisions shall be bind- ing upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract as the Department may direct to enforce such provisions, including action for non - compliance. Page 9 of 16 H. The Contractor covenants that no person with responsibilities in the operation of any program funded under this contract will discriminate with respect to any employee, program participant, or any applicant for participa- tion in such program, because of race, color, religion, sex, national origin, handicap, or political affiliation or belief. I. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000[d]), as amended, which is incorporated herein by this refer- ence as if fully rewritten, and covenants that no person in the United States shall, on the grounds of race, color, sex, national origin, age, handicap, or political affiliation or belief be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Contractor herein receives financial assistance, and will immediately take any measures necessary to effectuate this requirement. J. The Contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000[e]), as amended, and Executive Orders 11246 and 11375, which are incorporated herein by this reference as if fully rewritten, and covenants that no employee or applicant for employment will be discriminated against because of race, color, sex, religion, or national origin. K. The Contractor shall comply with the Equal Pay Act of 1963 (29 U.S.C. § 201 through 219), as amended, which is incorporated herein by this refer- ence as if fully rewritten, and covenants that it will not practice wage differentiation in employment based on sex. L. The Contractor shall comply with the Age Discrimination In Employment Act (29 U.S.C. § 621 through 634), as amended, and Executive Order 11141, which are incorporated herein by this reference as if fully rewritten, and covenants that it will not practice discrimination against any employee or applicant for employment on the basin of age. The Contractor shall not discriminate in employment against any person because of his or her age or specify in solici- tations or advertisements a maximum age limit except and unless it is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. M. The Contractor shall take Affirmative Action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, religion, national origin, or condition of physical or mental handicaps, provided, however, in the instance of a handicapped per- son, that the person's handicap does not prevent that person from doing the job that person would be required to perform. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or trans- fer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation;' and selection for training, including apprenticeship. The Contractor also covenants to post in conspicuous places, available to em ployees and applicants for employment, notices to be provided by the Depart- ment's EEO Officer setting forth the provisions of this non - discrimination clause. SECTION XVIII. Affirmative Action for Disabled Veterans of the Vietnam Era (This Section is applicable pursuant to 41 C.F.R. § 60 -250 (1977) only if the Department's maximum funding obligation under Subsection (D) of Section IV is $10,000.00 or more. The application of this Section shall be governed by the regulations found at 41 C.F.R. § 60 - 250.) A. The Contractor agrees that it shall comply with Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the rules, regulations and orders relating thereto which are incorporated herein by this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified veterans and disabled veterans of the Vietnam era and will not discriminate in an employment situation against mentally or physically handicapped or disabled veterans or against otherwise qualified Vietnam Era Veterans, if such individuals are capable of performing the work involved in the employment situation. Page 10 of 16 the work involved in the employment situation. B. The Contractor will include the provisions of this Section in every sub- contract or purchase order of $10,000.00 or more unless exempted by rules, regulations, or orders of the Secretary of the United States Department of Labor, so that such provisions will be binding upon each subcontractor or ven- dor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct to enforce such provisions, in- cluding action for non - compliance. SECTION XIX. Affirmative Action for Handicapped (This Section is applicable pursuant to 41 C.F.R. ,§ 60 -471 (1978), if the De- $ artment's maximum funding obligation under Subsection (D) of Section IV is 2,500.00 or more. The application of this Section shall be governed by the regulations found at 41 C.F.R. §60471.) A. Contractor agrees that it shall comply with Section 503 of the Rehabil- itation Act of 1973, Pub. L. 93 -112, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 43-516, and the rules, regulations, and orders relating thereto, which are incorporated herein this reference as if fully rewritten, and covenants that it will take affirmative action to employ and advance in employment qualified handicapped individuals and will not discrim- inate in an employment situation against handicapped individuals if such in- dividuals are capable of performing the work involved in the employment sit- uation. B. The Contractor will include the provisions of this Section in every sub- contract or purchase order of $2,500.00 or more unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 503 of the Rehabilitation Act of 1973, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase as the Department may direct to enforce such provisions, including action for noncompliance. SECTION XX. Environmental Protection A. The Contractor certifies that no owner or operator of a facility which is utilized in connection with this contract, has been notified that the facility has been listed on the EPA List of Violating Facilities pursuant to 40 C.F.R. §15.20 (1976). In the event that the Contractor fails to comply with clean air or water standards at such facilities, the grant may be cancelled, termi- nated for default or suspended for such failure, in whole or in part,,and the Department may refrain from further contracting with the Contractor. B. The Contractor agrees to comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, mon- itoring, entry, reports, and information as well as all other requirements specified in Section 114 and Section 308, respectively, and all regulations and guidelines issued thereunder. C. The Contractor agrees to notify the Department promptly of the receipt of any notice from the Director, Office of Federal Activities, Environmental Protection Agency, indicating that any facility utilized or to be utilized under this contract is under consideration for listing on the EPA List of 'Violating Facilities. Page 11 of 16 • SECTION XXI. Uniform Relocation The Contractor shall comply with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, 42 U.S.C.A. § 1415, 2473, 3307, 4601, 4602, 4621 -38, 4651 -465, 49 U.S.C.A. § 1606 (1976, 1977 and Supps. 1978) and with OMB Circular No. A -102 Revised, 42 Fed. Reg. 45845 -45887 (1977), Attachment M of which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. SECTION XXII. Flood Disaster Protection Insurance If Contractor chooses pursuant to Section IV(A) (2) of this contract to expend funds for necessary renovation or modification of existing facilities or their basic infrastructure, and if the facilities renovated or modified are located in a community where flood insurance has been made available under the Flood Disaster Protection Act of 1973, 12 U.S.C.A. § 24, 1709 -1 (Supp. 1977); 42 U.S.C.A. § 4001 -4003, 4012a, 4013 -4016, 4026, 4054, 4056, 4101, 4104 - 4107, 4121, 4128 (1977), and if the location of the facilities has been identified the Secretary of the Department of Housing and Urban Development as an area having special flood hazards, the Contractor shall purchase flood insurance in an amount sufficient to cover the sums expended or to be expended in renova- tion or modification of the aforementioned facilities. SECTION XXIII. Non Personal Property Procurement Standards The Contractor shall comply with Attachments N and 0 of OMB Circular No. A -102 Revised, 42 Fed. Reg. 45888 -45891 (1977), in regard to non - expendable personal property and procurement standards, as if the Contractor were a "grantee" for purposes of those attachments. SECTION XXIV. Political Activity None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall be used for any partisan political activity (including, but not limited to an activity to further the election or defeat of any candidate for public office) or any activity under- taken to influence the passage, defeat or final content of legislation. SECTION XXV. Conflict of Interest A. The Contractor covenants that neither it nor any member of its governing body presently has any interest or shall acquire any interest, direct or in- direct, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract no person having such in- terest shall be employed or appointed as a member of its governing body. B. The Contractor shall establish safeguards to prevent members of its governing body or its staff members, subcontractors or employees from using their positions for a purpose that is or gives the appearance of being moti- vated by desire for private gain for themselves, or others; particularly those with which they have family, business or other ties. C. No officer, member, or employee of the Department and no member of its governing body, and no other public official of the governing body of the state or locality or localities in which the contract is being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract, shall (1) participate in any decision relating to thiaycontract which affects his personal interest or the interest of any corporation, partnership, or association in which he has a _direct or indirect interest; or (2) have any interest, direct or indirect, in this contract or the proceeds thereof. Page 12 of 16 D. No members of or Delegate to the Congress of the United States of America, and no resident commissioner shall be admitted to any share or part hereof or to any benefit to arise therefrom. SECTION XXVI. Nepotism A. Neither the Contractor nor any of its subcontractors shall hire any per- son in an administrative capacity, staff position, or enrollee position funded under this contract if a member of such person's immediate family is employed in an administrative capacity for the Contractor or any of its subcontractors. 1. For the purposes of this Section, the term "member of the immediate family" includes: wife, husband, son, daughter, mother, father, brother, brother -in -law, sister, sister-in- law. son -in -law, daughter -in -law, mother -in -law, father -in- law, aunt, uncle, niece, nephew, stepparent, and stepchild. 2. For the purposes of this Section, the term "administrative capacity" includes those persons who have overall adminis- trative responsibility for the YCC Project including all elected and appointed officials who have any responsibility for the obtaining of and /or approval of the YCC Project, as well as other officials who have influence or control over the administration of the YCC Project, such as the project director, deputy director, or any persons having selection, hiring, placement, or supervisory responsibilities for the project. 3. For the purposes of this Section, the term "staff position" means any project position of Enrollee Leader, Assistant Enrollee Leader, instructor, counselor, or other YCC Project staff involved in administrative, training, or services activities. B. The Contractor assures that it shall in no way exercise its hiring authority used in the performance of this contract to confer any monetary or other benefits arising directly or indirectly from this contract upon any member of its immediate family. C. The Contractor assures that it shall in no way exercise its hiring authority used in the performance of this contract in a manner that would violate the State law relating to nepotism (Article 5996a, TEX, REV. CIV. STAT. ANN.). SECTION XXVII. Sectarian Activities A. No funds received hereunder shall be used directly or indirectly to aid in the construction, operation or maintenance of that part of any facility which is used or will be used for sectarian instruction or as a place of religious worship. B. None of the performances rendered hereunder shall involve, and no portion of the funds received by the Contractor hereunder shall be used for, any sectarian or religious activity, nor shall any facilities used in the per- formance of this contract be used for sectarian instruction or as a place of religious worship. Page 13 of 16 SECTION XXVIII. Maintenance of Effort The Contractor agrees that the funds and resources provided the Contractor under the terms of this contract will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the re- sources, services, or other benefits which would have been available to, or provided through, the Contractor had this contract not been executed. SECTION XXIX. Legal Authority A. The Contractor assures and guarantees that it possesses the legal author- ity, pursuant to currently valid and effective articles of incorporation, by- laws and action taken by Contractor's Governing Board or body giving the Contractor legal authority, to enter into this contract, receive the funds authorized by this contract and to perform the services the Contractor has obligated itself to perform under this contract. B. The person or persons signing and executing this contract on behalf of the Contractor, or representing themselves as signing and executing this contract on behalf of the Contractor, do hereby warrant and guarantee that he or they have been duly authorized by the Contractor to execute this con- tract on behalf of the Contractor and to validly and legally bind the Con- tractor to all the terms, performances, and provisions herein set forth. C. The Department shall have the right, at its option, to either temporarily suspend or permanently terminate this contract, if there is a dispute as to the legal authority of either the Contractor or the person signing the con- tract to enter into this contract. The Contractor is liable to the Depart- ment for any money it has received from the Department for performance of the provisions of this contract, if the Department has suspended or terminat- ed this contract for the reasons enumerated in this Section. SECTION XXX. Oral and Written Agreements A. All oral or written agreements, relating to the subject matter of this contract and which were made prior to the date of commencement specified in Section III, between the Contractor and the Department have been reduced to writing and are contained herein. B. The below enumerated and denominated attachments of the number of pages indicated are hereby made a part of this contract: 1. Attachment I, Contractor's Performance Statement (1 page) 2. Attachment II, Contractor's Budget (1 page) SECTION XXXI. Travel A. Except as otherwise provided herein, the Department shall reimburse the Contractor for travel and per diem expenses at the rates established by law for the Department's employees in classified positions. At the Contractor's option, it may submit to the Department a "Local Travel Policy" for use in lieu of the Department's policy for travel and per diem. The Contractor's "Local Travel Policy" shall consist of a written statement delineating the rates which the Contractor shall use in computing travel and per diem expenses of its employees. The Department shall review any "Local Travel Policy" submitted by the Contractor and shall approve it only in the event that the Department determines that such "Local Travel Policy" is reasonable and otherwise acceptable for the purposes of this contract. Upon approval, the Department shall reimburse -the Contractor for travel and per diem expenses at rates which are in accordance with the Contractor's "Local Travel Policy." Page 14 of 16 max.,. >.. During the period, if any, subsequent to the commencement date of this con- tract, but before approval of the "Local Travel Policy" by the Department, the Department shall reimburse the Contractor for travel and per diem ex- penses at the rates established by law for the Department's employees in classified positions. B. The Contractor must have the prior written approval of the Department before it may use funds under this contract to pay for travel and per diem, except that travel within Williamson County,.which is necessary for the performance of this contract by Contractor shall not require prior Departmental approval. Payment for travel shall be made only for those personnel in budgeted staff positions. In no event shall the aggregate of all payments from Department to Contractor exceed the amount specified for travel in Attachment II (Budget) of this contract. SECTION XXXII. Termination A. Under the terms of the Department's grant from the United States Depart- ments of Agriculture and Interior, the Secretaries of those Departments have the power to terminate Department's grant effective upon notice of termina- tion, if activities that are funded by the grant have not been carried out in compliance with the grant. This contract shall terminate in the event that the Secretaries of Agriculture and Interior so terminate the Depart- ment's grant; the termination of the contract shall occur on the same date as the termination of the Department's grant. Upon receipt of notice of termination from Department, the Contractor shall discontinue further commitments of funds pursuant to this contract, cancel all subcontracts scheduled for payment with funds received pursuant hereto, and within ten (10) days after receipt of notice of termination supply the Department with a final financial statement, and repayment of any unused portion of funds advanced or a request for reimbursement for allowable ex- penditures incurred in the program before termination, in accordance with Section IV(B) of this contract. B. Either of the parties hereto shall have the right, in such party's sole discretion and at each party's sole option, to immediately terminate and bring to an end all performances to be rendered under this contract by noti- fying the other party hereto in writing of such termination. Should neither party exercise its right to terminate, this contract shall terminate in ac- cordance with Section III, IV or XV, whichever first results in termination. C. Upon termination or receipt of notice to terminate, whichever occurs first, the Contractor shall cancel, withdraw or otherwise terminate any out- standing orders or subcontracts which relate to the performance of this con- tract and shall otherwise cease to incur costs hereunder. D. In no event shall the Department be liable to the Contractor or the Con- tractor's creditors for expenses incurred after the termination date. E. In the event that the Contractor has not exhausted the amount of money allocated to it in Section IV(D) at the date of termination, the Contractor shall return to the Department within thirty (30) days and in the manner prescribed by the Department all unexpended and uncommitted funds. Page 15 of 16 SECTION XXXIII. Copyright Where activities supported by this contract produce original books, manuals, films, computer programs (including executable computer programs and support- ing data in any form), or other copyrightable material, the Contractor may copyright such, but Department reserves a royalty -free, non - exclusive, and irrevocable license to produce, publish and use such materials, and to authorize others to do so. Disposition of royalties will be determined by Department. Provisions appropriate to effectuate the purposes of this Sec- tion must be in all employment contracts, consultants' agreements, and other contracts in which funds received under this contract are involved. WITNESS OUR HAND EFFECTIVE THIS 1st day of May •z . `-- 4 • // Ty L. To �n Mayor City of Round Hock, Texas Contractor: Approved and accepted on behalf of the Texas Department of Community Affairs, an agency of the State of Texas. This contract is not effective unless signed by the Executive Director of the Department. Reviewed by: Division Director: Legal Counsel: Fiscal Division: Page 16 of 16 r, Executive xas Department _ . munity Affairs City of Round Rock YCC Attachment I I. Round Rock West Park A. Engineering and Construction 1. Construct one (1) hiking tail 1 1/4 miles long and 3 feet wide. 2. Construct one (1) foot bridge 16 feet long and 2 feet wide spanning the Round Rock West spillway. B. Wildlife Manages nt 1. Construct; paint, and erect four (4) Martin birdhouses. C. Recreation Development and Maintenance 1. Assemble and anchor ten (10) picnic tables and twenty (20) benches. 2. Level and spread sand on a 1,500 square foot area of the beach. 3. Clear vegetation and undergrowth along a 1 1/4 mile perimeter of the lake waterline, not to exceed 10 feet from the waterline. D. Visitor Service 1. Construct, paint, and install three (3) YCC and interpretive signs. 2. Plant and care for (5) tree saplings. 3. Construct and install ten (10) small vegetation identification markers. 4. Landscape park area with two (2) flower beds of 250 square feet each. E. Inclement Weather Activities — 1. Sign construction and painting Location Park Pavillion or City Yard, Round Rock F. Environmental Awareness Activities 1. Park planning, vegetation control, soil analysis, erosion control, and insect control. 2. Prepare a report indicating environmental impact of project. 3. Environmental learning will be integrated into each work learning activity. At least 25% of the week's work hours will be integrated environmental awareness learning. Page 1 of 1 APPLICATION FOR FEDERAL ASSISTANCE PART 11 — BUDGET DATA (Short Form) os;.et ere.. conga.,.. FEDERAL •tot N011— FEDERAL Lei TOTAL c 1. Personnel 17, 775.00 742.00 18 517.00 2. Fringe Benefits 1,249.00 —0— 1 249.00 3. Travel -0- 2 475.00 2 11 4. Equipment -0- -0- -0- 5. Supplies 3,176.00 -0- 2,.583.00 . 5.9_..11.0 -0 L Contractual -0- 7. Construction —0— -0- -0- 8. oft.er 1,,000.00 24,000.00 200.00 I I S I 9. Total Direct Charges 6,000.00 30,000.00 10. Indirect Charges —0— —0— —0- 11. TOTAL 24,000.000 6,000.00 30,000.00 12. Federal Share 13. Non Federal Share 14. Program Income 15. Detail on Indirect Costs: Type ql Rate (Mark one bor.) Rate % Base S :7 Provisional (: 1 Predetermined [J Final 0 Fixed Total Amount S Program (An la. Enrollee Pay lb. Staff Pay 2a. Enrollee Fringe Benefits 2b. Staff Fringe Benefits PART III Narrative Statement «h eddnronal •h..,., If n.ee..s,) Federal Non — Federal 14,175.00 —0— • 3,600.00 742.00 1,003.00 —0- 246.00 —0— •RounctRock YCC STATE GRANT v.a, r e p ro -ol no. - - I " 0220 ATTACHMENT II _� - _37� _�%�c - - - -- - -- �_�-�3_�/__ - - i .� On the 23rd day of April, 1981, at a duly called meeting of the City Council of the City of Round Rock, Texas, with a quorum for transaction of business in attendance, and upon motion made, seconded and duly passed, the following Resolu- tion was adopted: WHEREAS the City Council of the City of Round Rock, Texas, contemplates the execution of a contract with the Texas Department of Community Affairs for an approximate maximum amount of TDCA liability of Twenty - Four Thousand Dollars ($24,000.00) and for the provision of general park development during the approximate period of June 15, 1981, to July 31, 1981, and WHEREAS, it has been duly that the City of Round Rock has the legal authority to render the afore - described contractual performance, therefore, BE IT RESOLVED that the City Council of the City of Round Rock, Texas, does hereby approve and authorize the City's execution of the aforedescribed contract and does hereby authorize Larry L. Tonn, Mayor, to sign and execute the aforedescribed contract on behalf of the City so as to legally obligate and bind the City to all the performances, obligations, terms, and provisions set forth therein. r r r RESOLVED this 23rd day of Apr, 1981. R RY LdP Mayor City of Round Rock, Texas ATTEST:` NE LAND, Cat Secretary RESOLUTION NO. ,jr,koR