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CM-13-11-229ROUND ROCK, TEXAS PURPOSE N.WON %MAMMY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider Execution of a CDBG 2013-2014 Sub -recipient Agreement with Austin Tenants Council In -House Counseling and Fair Housing Education and Outreach Program Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/22/2013 Dept Director: Cheryl Delaney Cost: $5,000.00 Indexes: CDBG HUD Entitlement Grants Attachments: LAF ATC PUBLIC SERVICES.pdf, ATC PUBLIC SERVICES AGREEMENT.pdf Department: Finance Department Text of Legislative File CM -13-11-229 The Community Development Block Grant Program (CDBG) was developed in 1974 and works to ensure decent affordable housing and to provide services to the most vulnerable in our communities . CDBG is an important tool for helping tackle serious challenges facing our community. To be eligible for CDBG funding, activities must meet one of the three national objectives of the program which are 1) benefit low to moderate income persons 2) prevention of slums or blight 3) meet an urgent need. Consider the execution of a 2013-2014 Community Development Block Grant Sub- recipient Agreement with the Austin Tenants Council in the amount of $5,000. Austin Tenants Council will use the funds to pay for overhead, educational materials and the cost of counseling at $15 per client. The Austin Tenants Council In-house Counseling and Fair Housing Education and Outreach Program meets a "High" priority need of public services as identified in the 2009-2013 Consolidated Plan and meets the National Objective of benefitting low to moderate income persons in Round Rock. CDBG and Finance staff recommended approval of the 2013-2014 CDBG Annual Action Plan which included the funding of the Austin Tenants Council In-house Counseling and Fair Housing Education and Outreach Program in the amount of $5,000 and City Council approved this plan by Resolution No. R -13-07-25-F8 on July 25, 2013. Staff recommends funding. City of Round Rock Page 1 Printed on 11/21/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Finance Project Mgr/Resource: Liz Alvarado Council Action: ORDINANCE Agenda Wording Project Name: Agreement for Fair Housing Services ContractorNendor: Austin Tenants Council n RESOLUTION []City Manager Approval CMA Wording Consider executing an Agreement for Fair Housing Services with Austin Tenants Council. Attorney Approval Attorney Notes/Comments Date IC11113 O:\wdox\SCCInts\0179\1300\MUNICIPAL\00284541.XLS Updated 6/3/08 CITY OF ROUND ROCK AGREEMENT FOR FAIR HOUSING SERVICES WITH AUSTIN TENANTS COUNCIL This Agreement shall recite the contractual terms whereby the City of Round Rock engages Austin Tenants Council to perform, by way of illustration and not limitation, the following: Conduct a Fair Housing Workshop for lenders and landlords in Round Rock during Fair Housing Month, April 2014. This Agreement (hereinafter referred to as the "Agreement") is made by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as the "City") and Austin Tenants Council (hereinafter referred to as the "Tenants Council"). RECITALS: WHEREAS, City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383 under a Community Development Block Grant ("CDBG"); and WHEREAS, CITY wishes to engage Tenants Council to assist City in utilizing such funds as part of City's administration of its CDBG program; and WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. 00281961.doc C»-13-11- -z z- The initial term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, but in no event later than the end of City's fiscal year ending September 30, 2014. City reserves the right to review the Agreement and contractual relationship at any time, and may elect to terminate same with or without cause or may elect to continue. 1.02 CONTRACT AMOUNT; AND SCOPE OF SERVICES DELINEATION In consideration for the services to be performed by Tenants Council, City agrees to pay Tenants Council a total sum not to exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00) in payment for services and the Scope of Services deliverables as delineated hereafter. For purposes of this Agreement, Tenants Council shall perform all work described in the following Scope of Services ("Scope of Services"): Conduct a Fair Housing Workshop for lenders and landlords in Round Rock during Fair Housing Month, April 2014. Provide materials related to Fair Housing for the Fair Housing Workshop participants. All other services related to the Fair Housing Workshop as may be reasonably requested by City. This Agreement, including all exhibits, shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Tenants Council shall satisfactorily provide all services described under the attached Scope of Services within the contract term specified in Section 1.01. All funds expended by Tenants Council pursuant to this agreement shall be expended in accordance with the following budget: Line Item Amount Staff salaries $350.00 Office supplies $50.00 Transportation $100.00 Total $500.00. In addition, City may require a more detailed budget breakdown than the one contained herein, and Tenants Council shall provide such supplementary budget information in a timely 2 fashion in the form and content prescribed by City. Tenants Council may reallocate funds from one budget line -item above to another budget line -item provided that the level of program services does not decrease and provided that the City's Director of Finance approves such reallocation in writing. 1.03 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS It is expressly agreed the total amount to be paid by City under this Agreement shall not exceed $500.00. Draw -downs for the payment of eligible expenses shall be made against the line item budgets provided above and incorporated herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets provided above and in accordance with performance. 1.04 REQUIRED REPORTS Tenants Council agrees to provide City with any necessary detailed final written reports, together with all information gathered and materials developed during the course of the project. Additionally, Tenants Council agrees to provide City with any necessary oral presentations of such detailed final written reports, at City's designation and at no additional cost to City. 1.05 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to the other party not less than thirty (30) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter by paid to Tenants Council. City shall pay Tenants Council for all uncontested services performed to date of notice of termination. Upon termination of this Agreement, Tenants Council shall return all CDBG funds in Tenants Council's possession within 10 days of such termination. If either party defaults in performance of this Agreement or if City terminates this Agreement for default on the part of the other party, then City shall give consideration to the actual costs incurred by Tenants Council in performing the work to the date of default. The cost 3 of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as set forth above shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. 1.06 INDEPENDENT CONTRACTOR STATUS Tenants Council is an independent contractor, and is not City's employee. Tenants Council's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Tenants Council and City agree to the following rights consistent with an independent contractor relationship: (1) hereof. Tenants Council has the right to perform services for others during the term (2) Tenants Council has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed. (3) Tenants Council has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Tenants Council or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Tenants Council. (5) Neither Tenants Council nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) Neither Tenants Council nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.07 NON -SOLICITATION All parties hereto agree that they shall not directly or indirectly solicit for employment, employ, or otherwise retain staff of the other during the term of this Agreement. 1.08 CONFIDENTIALITY; AND MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth 4 hereunder. All parties agree to hold all confidential information in the strictest confidence and not make any use thereof other than for the performance of this Agreement. Notwithstanding the foregoing, the parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. Any and all materials created and developed by Consultant in connection with services performed under this Agreement, including all trademark and copyright rights, shall be the sole property of City at the expiration of this Agreement. 1.09 WARRANTIES Consultant warrants that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re -perform any work not in compliance with this warranty. 1.10 INDEMNIFICATION Tenants Council agrees to hold harmless, exempt, and indemnify City, its officers, agents, directors, servants, representatives and employees, from and against any and all suits, actions, legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and claims of any character, type, or description, including but not limited to any and all expenses of litigation, court costs, attorneys fees and all other costs and fees incident to any work done as a result hereof. 1.11 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties hereunder without the other's prior written approval. 1.12 LOCAL, STATE AND FEDERAL TAXES Tenants Council shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) Withhold FICA from Tenants Council's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Tenants Council's behalf; or Withhold state or federal income tax from any of Tenants Council's payments. (3) If requested, City shall provide Tenants Council with a certificate from the Texas State Comptroller indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 5 1.13 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Tenants Council, its consultants, agents, employees and subcontractors shall comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Tenants Council shall further obtain all permits, licenses, trademarks, copyrights, and the like required in the performance of the services contracted for herein, and same shall belong solely to City at the expiration of the term of this Agreement. 1.14 DESIGNATION OF CITY REPRESENTATIVE City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Cheryl Delaney, Finance Director 221 East Main Street Round Rock, Texas 78664 Telephone: 512-218-5445 Facsimile: 512-341-3301 Email: cdelaney@roundrocktexas.gov 1.15 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to recipient's address as stated herein; or Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Tenants Council: Austin Tenants Council 1640 East 2nd Street, Suite B150 Austin, Texas 78702 Notice to City: Elizabeth Alvarado Community Development Coordinator 221 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Tenants Council. 6 1.16 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 1.17 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including any appended exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.18 DISPUTE RESOLUTION City and Tenants Council hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 1.19 ATTORNEYS FEES In the event that any lawsuit is brought by one party against any of the other parties in connection with this Agreement, the prevailing party shall be entitled to seek to recover its reasonable costs and reasonable attorneys' fees. 1.20 FORCE MAJEURE Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Tenants Council shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary for Tenants Council to perform its obligations hereunder. 7 1.21 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.22 STANDARD OF CARE Tenants Council represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Tenants Council or designated subconsultants, in a manner according to generally accepted business attraction practices. 1.23 FEDERAL COMPLIANCE In performing its obligations under this Agreement, Tenants Council shall comply with all rules and regulations in Exhibit "A", attached hereto and incorporated herein for all purposes. 1.24 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. The failure of a party to exercise any right hereunder shall not operate as a waiver of said party's right to exercise such right or any other right in the future. Time is of the essence to this Agreement. Tenants Council understands and agrees that any failure of Tenants Council to complete the services due under this Agreement within the agreed term as delineated in Section 1.01 herein will constitute a material breach of this Agreement. City agrees to provide Tenants Council with one (1) fully executed original of this Agreement. This Agreement may be executed in multiple counterparts, which taken together shall be considered as one original. 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. AUSTIN TENANTS COUNCIL By: Printed Name: Title: CCC. £-r) Date Signed: /0- /-yaQ) 3 CITY OF ROUND ROCK, TEXAS By: Steve Norwood, City Manager Date Signed:1//2---� 9 n1Tn ao fDa N � o• o o m -A = 111 O 0 3 c (D 1 • O rt 0 1-7)3a _m A0 4fD m O < o • fl1 • c 'O A • Ca fD • 3 a N zie r� 3 0 0 SD �, 5 O CD k = fD • _Q o 3 v Cos s A o° 0-a) rA 30 E Et 3 CD CU Q _ 10 O 1 tD 0 A O 3 fD r 3 cn 000 C • c scam x Ani mN0 d H 7 O p31 0 3 A 3 S63. •G XXO m N 0, < a� a• l - 0s = > X; i) 0 O O c c O. O. XI O0 co3 Pr O 01 = 7 3 0 3 -' 30 o XXX 3 aD 0 0 7 � N o CD m O ▪ 0 O 3 ia =tn co CD CD 0. N COCD N 1n� o � 0 0 5• - Xa • CD c rn v CA IV O O EE O 0. Ca) r r� 0 3 0 - 3a0 EA o o 0 -EA C31 :A 0 N C.31 im al 0 6 a, 0 7 v 0) 0 O CO -000 O N CO O N CO w 0 0 0) N i0 cn 0 N CA v 0 -1 v O) 01 0 O� O O Cn 0 0 v v 0) 0 0 03 CO to Cn O N IV Cr 0 Eft CJ1 O O Eft CO 0 0 0 Cn 0 0 {fl 03 W Cn 0 0 sexej `Illuno3 uos , 1 -n o 0 CA) w kiewwnS %Run awoou n O 3 ✓ 3 O CD 0 0 H D EXHIBIT "B" ■ [ } R 0 03 2 $ 0 0 0 0 0 0 0 0 000000 0 0 2 0 0 > \ ueouawy ueoply Jo xoela :sauo6a;eo aoeu \ E m -on»> 7 a O0�(0 o��. E ; qfgo $] ':q. 9 TT... Hispanic or Latino (Y); or Not Hispanic or Latino (N) (0COV0� >> z » 3 3 ■ ± 3 mm5o {{/\/ EY m if 0 99,g 0 leioei-!N s;uauI3 pa;e3lldnpun 2 -I EXHIBIT "C" CITY OF ROUND ROCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME POLICY This policy is implemented to comply with applicable federal, state and local laws, regulations and policies goveming the disposition of program income. Applicable laws and regulations include, but are not limited to, Title 24 Code of Federal Regulations, Chapter V, Subchapter C, Part 570, Subpart J and Subpart K. 1. DEFINITIONS: 1.1 Program Income means gross income received by the Recipient or Sub -recipient directly generated from the use of CDBG funds. 1.2 Recipient means the City of Round Rock, Texas. 1.3 Sub -recipient means any entity that receives CDBG funding from the Recipient. 1.4 CDBG means a Community Development Block Grant received by the Recipient pursuant to Title 24 Code of Federal Regulations, Chapter V, Subchapter C, Part 570. 1.5 Income Report means an accounting and report prepared by the Sub -recipient setting forth the amount of Program Income generated by the Sub -recipients activities and the method by which such Program Income was generated. 2. INCOME: Program Income includes, but is not limited to, the following: 2.1 Proceeds from the disposition by sale or Tong -term lease of real property purchased or improved with CDBG funds, including but not limited to, a pro rata share of mortgage payments, principal and interest, or lease payments received by a Sub -recipient as a result of such sale or long-term lease; such pro rata share being calculated pursuant to Section 5, below. 2.2 Gross income from the use or rental of real property owned by the Recipient or by a Sub - recipient that was constructed or improved with CDBG funds, Tess costs incidental to generation of the income. 2.3 Proceeds from the sale of obligations (mortgages) secured by loans made where CDBG funds were used. 2.4 Interest earned on program income pending its disposition. 3. DISPOSITION OF INCOME AND REPORTS: Sub -recipients shall: 3.1 Annually remit to Recipient Program Income received by Sub -recipient together with an Income Report on or before the tenth (10th) day of the month following the end of the program year. 3.2 Submit an Income Report for each quarter of the program year by the 10th day of the month following the end of the quarter. 3.3 Allocate each Income Report to each program year in which funding was received. 3.4 Allocate each Income Report to each source generating the income. 3.5 Continue the reporting and remittance under this Section until five (5) years from the date funds were last spent in each program year or until five (5) years after the expiration of the relevant agreement between the City and the Sub -recipient, whichever is later. 4. INCOME MORE THAN $25,000 OR LESS THAN $25,000: 4.1 Recipient shall have on file appropriate supporting documentation necessary to support the Recipient's determination of the total Program Income generated from all of the activities of the Recipient and all Sub -recipients. 4.2 If the annual amount of Program Income does not exceed $25,000, the Recipient may transfer the funds to the Recipient's General Fund and use the funds as authorized by the Annual Operating Budget. 4.3 If the total annual amount exceeds $25,000, then the Program Income will be handled in accordance with regulatory requirements. 5. CALCULATION OF PROGRAM INCOME: 5.1 The amount of Program Income resulting from a sale of property acquired using CDBG funds by a Sub -recipient is calculated by multiplying the sales price of such property by a fraction, the numerator of which is the amount of CDBG funds used to purchase such property and the denominator of which is the total contract price of such property (the "Sale Income Ratio"). In the event the Sub -recipient will receive partial or periodic payments as a result of a sale of property acquired using CDBG funds, the Program Income derived from each payment is the amount of such partial or periodic payments multiplied by the Sale Income Ratio. Once the Sale Income Ratio has been determined, it shall not change. 5.2 EXAMPLE: Land purchase with CDBG funds $25,000 Contract Price $60,000 The Sale Income Ratio is $25,000 + $60,000 = 41.667% The Sale Income Ratio is applied to all dispositions of property, including but not limited to: ■ sale by the homeowner. foreclosure by Sub -recipient and sale to another homeowner. the rental or lease payments if Sub -recipient forecloses and rents or leases the property any profit realized from any sale of the property principal and interest payments received to satisfy the mortgage any other event that would create Program Income. 5.3 If the real property acquired with CDBG funds is posted for foreclosure, and a third party purchases the property, Program Income from such third -party purchase is the amount of funds in excess of the mortgage balance multiplied by the Sale Income Ratio. 5.4 Program Income resulting from a rental or lease of property by a Sub -recipient that was acquired using CDBG funds is calculated by multiplying the rental or lease payment of such property by a fraction, the numerator of which is the amount of CDBG funds used to purchase such property and the denominator of which is the value of such property (the "Rental Income Ratio"). In the case of personal property, the value is the total purchase price paid by Sub -recipient. In the case of real property, the value of such real property is the total of the amount of CDBG funds used to acquire the real property plus the amount of additional funds expended by a Sub -recipient for the acquisition of such real property or the construction of improvements thereon. 6. SUB -RECIPIENTS RETAIN INCOME: Sub -recipients may retain Program Income provided: 6.1 The Program Income was generated before March 8, 2011; 6.2 A report is provided to Recipient allocating the Program Income to each activity for each program year; 6.3 The Program Income is used to support the activities authorized by the agreement for that program year; and 6.4 Sub -recipient complies with paragraph 3 above for all income generated after March 8, 2011. EXHIBIT "D" MONTHLY PROGRESS REPORT Month: , 20 Summary of Expenditures: List of Beneficiaries: Narrative of Accomplishments: