CM-13-11-231ROUND ROCK, TEXAS
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider Execution of a CDBG 2013-2014 Sub -recipient Agreement with
the Austin Tenants Council Fair Housing Administration
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/22/2013
Dept Director: Cheryl Delaney
Cost: $500.00
Indexes: CDBG HUD Entitlement Grants
Attachments: LAF ATC WORKSHOP.pdf, CONTRACT ATC FH WORKSHOP.pdf
Department: Finance Department
Text of Legislative File CM -13-11-231
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 $500. Austin Tenants Council will use the funds to provide a Fair
Housing Workshop to lenders and landlords in Round Rock during April Fair Housing Month 2014.
The Austin Tenants Council Fair Housing Administration 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 Fair Housing Adminstration in the
amount of $500 and City Council approved this plan by Resolution No. R -13-07-25-F8 on July 25, 2013.
Staff recommends approval.
City of Round Rock Page 1 Printed on 11/21/2013
T
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
Community Development Block Grant
Project Name: Agreement
ContractorNendor: Austin Tenants Council
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing an Agreement for Community Development Block Grant with Austin Tenants Council.
Attorney Approval
Attorney
Notes/Comments
Date WI 1. 113
O:\wdox\SCCInts\0179\1300\MUNICIPAL\00284549.XLS Updated 6/3/08
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
( )
THIS AGREEMENT, entered into this aJ day of 1\ 4.,rnbe,Q , 2013 by and
between the City of Round Rock, a Texas home -rule municipality (herein called "CITY") and the
Austin Tenants Council (herein called "TENANTS COUNCIL").
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; and
WHEREAS, CITY wishes to engage TENANTS COUNCIL to assist CITY in utilizing
such funds;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein
the parties agree as follows:
SECTION I:
SCOPE OF SERVICES
1.1. Activities
TENANTS COUNCIL will be responsible for administering a Community Development
Block Grant ("CDBG") Year 2013-2014 program known as the Fair Housing Education and
Outreach Program in a manner satisfactory to CITY and consistent with any standards required
as a condition of providing these funds. Such program will include the following activities
eligible under the CDBG Program:
Program Delivery
Activity: Provide fair housing education and outreach and tenant -landlord
counseling for low -and moderate -income persons.
General Administration
The Executive Director of TENANTS COUNCIL ("Executive Director") will provide
administrative oversight for the program.
1.2 National Objectives
TENANTS COUNCIL certifies that the activities carried out under this Agreement shall
meet the national objective of benefiting low -and moderate -income persons by providing low-
00281962.doc/jmr 1
CM- 13-t t-231
and moderate -income individuals with education related to fair housing and tenant -landlord
counseling.
1.3. Levels of Accomplishment — Goals and Performance Measures
In addition to normal administrative services required as part of this Agreement,
TENANTS COUNCIL agrees to provide the following program services:
Activity
Unduplicated Clients Receiving
Program Services Per Year
Provide fair housing
education and outreach,
including tenant -landlord
counseling
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1.4. Staffing
To undertake the activity described above and accomplish the levels of service described
above, TENANTS COUNCIL will allocate staff time in support of the program funded under
this Agreement as follows:
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Outreach Staff
5
39
=
195
Timeframe: October 1, 2013 through July 1, 2014
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Executive Director
5
39
=
195
Timeframe: October 1, 2013 through July 1, 2014
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of CITY.
SECTION II:
TIME OF PERFORMANCE
2.1 Services of TENANTS COUNCIL shall start on the October 1, 2013. This Agreement
shall expire on July 1, 2014, unless extended in writing by TENANTS COUNCIL and CITY,
except as provided below. TENANTS COUNCIL shall complete all services contemplated by
this Agreement prior to its expiration.
2.2 Notwithstanding Section 2.1, the term of this Agreement shall automatically be extended
for as long as TENANTS COUNCIL has control over CDBG funds, including program income.
2.3 If the term of this Agreement is extended pursuant to Section 2.2, the term of this
Agreement shall expire upon the disposition of the CDBG funds by TENANTS COUNCIL, or
remittance of the CDBG funds, including program income, to CITY by TENANTS COUNCIL.
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SECTION III:
BUDGET
All funds expended by TENANTS COUNCIL pursuant to this agreement shall be
expended in accordance with the following budget:
Line Item Amount
Agency personnel $4,333.00
Telephone service $24.00
Supplies $32.00
Rent $140.00
Insurance $30.00
Accounting/audit services $91.00
Postage $35.00
Staff Travel $200.00
Printing $20.00
Miscellaneous expenses $20.00
Subscriptions $75.00
Total $5,000.00
Any indirect costs charged must be consistent with the conditions of Paragraph 8.3(B) of this
Agreement. 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 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.
SECTION IV:
PAYMENT
It is expressly agreed the total amount to be paid by CITY under this Agreement shall not
exceed $5,000.00. 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.
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Expenses for general administration shall also be paid against the line item budgets provided
above and in accordance with performance.
Payments will be contingent upon certification of TENANTS COUNCIL's financial
management system in accordance with the standards specified in OMB Circular 122.
SECTION V:
NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of sending. All notices
and other written communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written notice.
Notices made pursuant to this Agreement shall be directed to the following
representatives:
CITY:
TENANTS COUNCIL:
Elizabeth Alvarado
Community Development Coordinator
Katherine Stark
Executive Director
City of Round Rock
1640 East 2nd Street, #B 150
221 East Main Street
Austin, Texas 78702
Round Rock, Texas 78664
Telephone: 512-341-3328
Telephone: 512-474-7006
Fax: 512-341-3301
Fax: 512-474-0197
e-mail: Ialvaradordroundrocktexas.com
e-mail: kathvra housintt-riahts.ora
SECTION VI:
SPECIAL CONDITIONS
TENANTS COUNCIL agrees to comply with the requirements of Title 24 Code of
Federal Regulations, Part 570 of the Housing and Urban Development (HUD) regulations
concerning Community Development Block Grants and all federal regulations and policies
issued pursuant to these regulations, except that: (1) TENANTS COUNCIL does not assume
CITY's environmental responsibilities, if any, described in 24 CFR § 570.604; and (2)
TENANTS COUNCIL does not assume CITY'S responsibility, if any, for initiating the review
process under the provision of 24 CFR Part 52. TENANTS COUNCIL further agrees to utilize
funds available under this Agreement to supplement rather than supplant funds otherwise
available.
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SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
TENANTS COUNCIL agrees to comply with all applicable federal, state and local laws,
regulations and policies governing the funds provided under this Agreement.
7.2. Independent Contractor
It is understood and agreed that TENANTS COUNCIL is an independent contractor and
shall not be considered an employee of CITY. TENANTS COUNCIL shall at all times remain
an independent contractor with respect to the services to be performed under this Agreement.
CITY shall be exempt from payment of all unemployment compensation, FICA and retirement
benefits to TENANTS COUNCIL, its employees, officers, or other agents, as TENANTS
COUNCIL is an independent contractor. TENANTS COUNCIL shall not be within protection
or coverage of CITY'S Workers' Compensation insurance, Health Insurance, Liability Insurance
or any other Insurance that CITY from time to time may have in force and effect.
7.3. Hold Harmless
TENANTS COUNCIL shall indemnify, save harmless and exempt 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 TENANTS COUNCIL, its officers, agents, servants, and employees; provided,
however, that TENANTS COUNCIL 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 CITY, its officers, agents, servants and employees, or third parties.
7.4. Worker's Compensation
TENANTS COUNCIL shall provide Workers' Compensation Insurance coverage for all of
its employees involved in the performance of this Agreement.
7.5. Insurance and Bonding
TENANTS COUNCIL shall carry sufficient insurance coverage to protect contract assets
from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a
blanket fidelity bond covering all employees in an amount equal to cash advances from CITY.
7.6. Amendments
The terms and conditions of this Agreement constitute the entire agreement between the
parties and supersede all previous communications, representations, or agreements, either written
or oral, with respect to the subject matter hereof. No modification or amendment to this
5
Agreement will be binding on either party unless acknowledged in writing by their duly
authorized representatives.
7.7. Suspension or Termination
Partial terminations of the Scope of Services in Paragraph 1.1 above may only be
undertaken with the prior approval of CITY. The award made pursuant to this agreement may be
terminated for convenience in accordance with 24 CFR § 85.44 by either CITY or TENANTS
COUNCIL by setting forth the reasons for such termination, the effective date, and in the case of
partial termination, the portion to be terminated. However, if in the case of a partial termination,
CITY determines that the remaining portion of the award will not accomplish the purpose for
which the award was made, CITY may terminate the award in its entirety. In the event of any
termination for convenience, all finished or unfinished documents, data, reports or other
materials prepared by TENANTS COUNCIL under this Agreement shall, at the option of CITY,
become property of CITY.
In accordance with 24 CFR § 85.43, the CITY may also suspend or terminate this
Agreement, in whole or in part, if TENANTS COUNCIL materially fails to comply with any
term of this Agreement, such material failures include, but are not limited to the following:
A. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
B. Failure, for any reason, of TENANTS COUNCIL to fulfill in a timely and proper
manner its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by TENANTS COUNCIL to CITY reports that are incorrect or
incomplete in any material respect.
CITY may declare TENANTS COUNCIL ineligible for any further participation in CITY
contracts, in addition to other remedies as provided by law. Should TENANTS COUNCIL fail
to cure or correct such defects or failures identified by CITY within the fifteen (15) days after
notification of deficiencies, and such breach of contract relate to a violation of federal law or
regulations which results in a demand for reimbursement from the Department of Housing and
Urban Development (HUD) or its successor, CITY may seek reimbursement of all funds paid
from CITY to TENANTS COUNCIL under this Agreement.
TENANTS COUNCIL shall not be relieved of the liability to CITY for damages
sustained by CITY by virtue of any breach of this Agreement by TENANTS COUNCIL and
CITY may withhold any payments to TENANTS COUNCIL for the purpose as set out and until
such time as the exact amount of damages due CITY from TENANTS COUNCIL is determined.
Should CITY become aware of any activity by TENANTS COUNCIL which would jeopardize
CITY's position with HUD which would cause a payback of CDBG funds or other CITY federal
6
funds then CITY may take appropriate action including injunctive relief against TENANTS
COUNCIL to prevent the transaction as aforesaid. The failure of CITY to exercise this right
shall in no way constitute a waiver by CITY to demand payment or seek any other relief in law
or in equity to which it may be justly entitled.
7.8. Pending Litigation
TENANTS COUNCIL agrees to inform CITY about any litigation TENANTS
COUNCIL is, or becomes, involved in.
7.9. Background Checks
TENANTS COUNCIL agrees to conduct a criminal background check on all employees
working directly with youth.
7.10 Participant Eligibility
TENANTS COUNCIL shall only provide services that benefit from this Agreement to
families that qualify as a "low -and moderate -income household," as that term is defined in 24
CFR § 570.3. TENANTS COUNCIL shall require all families served by TENANTS COUNCIL
pursuant to this Agreement to establish that such families are a low -and moderate -income
household through the use of documentation such as pay stubs, tax returns, social security
statements or other readily verifiable financial documentation. Pursuant to 24 CFR § 570.3, a
low -and moderate -income household is a household having an income equal to or less than the
Section 8 low-income limit established from time to time by HUD. The current Section 8
income limits are contained in Exhibit "A", attached hereto and incorporated herein for all
purposes. TENANTS COUNCIL acknowledges that the Section 8 income limits are subject to
amendment from time to time and that the income limits in place at the time TENANTS
COUNCIL receives an application for service determine participant eligibility under this
Agreement.
SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
TENANTS COUNCIL agrees to comply with 24 CFR § 84.21-28 and agrees to adhere to
the accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
B. Cost Principles
TENANTS COUNCIL shall administer its program in conformance with OMB Circulars
A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational
7
Institutions," as applicable. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
8.2. Documentation and Record Keeping
A. Record Keeping
TENANTS COUNCIL shall maintain all records required by the federal regulations
specified in 24 CFR § 570.506 and that are pertinent to the activities to be funded under this
Agreement. Such records shall include, but are not be limited to:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program under 24 CFR § 570.208;
3. Records required to determine the eligibility of activities under 24 CFR §§
570.201 - 570.206;
4. Financial records as required by 24 CFR § 570.502, 24 CFR §§ 84.21-28
and OMB Circular A-110; and
5. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
B. Retention
TENANTS COUNCIL shall retain all financial records, supporting documents, statistical
records and all other records pertinent to this Agreement for a period of five (5) years after the
termination of all activities funded under this Agreement. Notwithstanding the above, if there is
litigation, claims, audits, negotiations or other actions that involve any of the records cited and
that have started before the expiration of the four-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-year
period, whichever occurs later.
C. Client Data
TENANTS COUNCIL shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name, address and annual
household income level as shown in Exhibit "B", attached hereto and incorporated herein. Any
other basis for determining eligibility must be approved by CITY in advance in writing, and
description of services provided. Such information shall be made available to CITY monitors or
their designees upon request.
D. Disclosure
TENANTS COUNCIL 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 CITY's or TENANTS COUNCIL's responsibilities with respect to services
provided under this contract is prohibited by the U.S. Privacy Act of 1974 unless written consent
8
is obtained from such person receiving service and, in the case of a minor, that of a responsible
parent/guardian.
E. Close -Outs
TENANTS COUNCIL's obligation to CITY 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 CITY),
and determining custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that TENANTS COUNCIL has control over
CDBG funds, including program income.
F. Audits & Inspections
All TENANTS COUNCIL's records with respect to any matters covered by this
Agreement shall be made available to CITY, grantor agency, their designees or the Federal
Government, at any time during normal business hours, as often as CITY 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 TENANTS COUNCIL within thirty
(30) days after receipt by TENANTS COUNCIL. Failure of TENANTS COUNCIL to comply
with the above audit requirements will constitute a violation of this contract and may result in the
withholding of future payments. TENANTS COUNCIL hereby agrees to have an annual agency
audit conducted in accordance with current CITY policy concerning TENANTS COUNCIL's
audits and OMB Circular A-133.
8.3. Reporting and Payment Procedures
A. Program Income
TENANTS COUNCIL shall report and remit all program income, as that term is defined
in 24 CFR § 570.500(a), to the CITY in accordance with the City of Round Rock Community
Development Block Grant Program Income Policy, attached hereto as Exhibit "C", and
incorporated herein for all purposes.
Any interest earned on cash advances from the U.S. Treasury is not program income and
shall be remitted promptly to the CITY. Pursuant to 24 CFR § 570.500(a)(5) and 24 CFR §
570.503(b)(7), program income does not include proceeds from the disposition of real property
acquired or improved with CDBG funds when the disposition occurs after five (5) years after the
expiration of this Agreement. TENANTS COUNCIL agrees that the obligations of TENANTS
COUNCIL under this Section 8.3 shall survive the expiration or termination of this agreement
and shall continue for a period of five (5) years following the expiration of this Agreement
pursuant to Section II, or termination of this Agreement.
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B. Indirect Costs
If indirect costs are charged, TENANTS COUNCIL will develop an indirect cost
allocation plan for determining TENANTS COUNCIL's appropriate share of administrative
costs and shall submit such plan to CITY for approval.
C. Payment Procedures
CITY will pay to TENANTS COUNCIL funds available under this Agreement based on
information submitted by TENANTS COUNCIL 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 TENANTS COUNCIL, and not to exceed actual
cash requirements. Payments will be adjusted by CITY in accordance with advance fund and
program income balances available under this contract for costs incurred by CITY on the behalf
of TENANTS COUNCIL.
D. Progress Reports
TENANTS COUNCIL shall submit regular Monthly Progress Reports to CITY in the
form, content, and frequency as required by CITY. These shall include but not be limited to
summary of expenditures, list of beneficiaries and a brief narrative of accomplishments.
Monthly Progress Reports should be submitted on Exhibit "D", attached hereto and incorporated
herein unless an alternative report is approved by CITY in advance and in writing.
E. Budgets
CITY and TENANTS COUNCIL may agree to revise the budget, provided in Section III
above, from time to time in accordance with existing CITY policies. Any amendments to the
budget must be approved in writing by both CITY and TENANTS COUNCIL.
8.4. Procurement
A. Compliance
TENANTS COUNCIL shall maintain inventory records, which clearly identifies any real
or personal property purchased, improved or sold using funds provided under this Agreement.
Property retained shall continue to meet eligibility criteria and shall conform to the "changes in
use" restrictions specified in 24 CFR § 570.503(b)(8). All program assets (unexpended advanced
funds) shall revert to CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be those items and indirect costs provided in Section III of this
Agreement.
B. OMB Standards
TENANTS COUNCIL shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
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Attachment N, Property Management Standards, covering utilization and disposal of property.
These requirements are referenced in 24 CFR Part 84, titled "Common Rule".
C. Travel
TENANTS COUNCIL shall obtain written approval from CITY for any travel outside
the metropolitan area with funds provided under this Agreement. CITY shall determine that
such travel is necessary and reasonable according to applicable standards outlined in OMB
Circular A87.
8.5. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502, 570.503 and
570.504, as applicable, which include but are not limited to the following:
A. TENANTS COUNCIL agrees that should it discontinue the services as provided
for herein, or upon the expiration or termination of this Agreement, then TENANTS COUNCIL
shall transfer to CITY all unexpended CDBG• funds on hand and any accounts receivable
attributable to the use of funds under this Agreement, as determined at the time of the expiration,
discontinuance or termination of this Agreement, within ten (10) days from the time of
expiration, discontinuance, or termination of services. The funds remaining will be appropriated
to eligible CDBG activities in keeping with CITY's budgetary process.
B. Real property under TENANTS COUNCIL's control that was acquired or
improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be
used to meet one of the CDBG National Objectives pursuant to 24 CFR § 570.208 until five (5)
years after expiration of this Agreement. If TENANTS COUNCIL fails to use CDBG-assisted
real property in a manner that meets a CDBG National Objective for the prescribed period of
time, TENANTS COUNCIL shall pay CITY an amount equal to the current fair market value of
the property less any portion of the value attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property. Such payment shall constitute program income
to CITY. TENANTS COUNCIL may retain real property acquired or improved under this
Agreement after the expiration of the five-year period.
C. In all cases in which equipment acquired, in whole or in part, with funds under
this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to
that funds received under this Agreement were used to acquire the equipment). Equipment not
needed by TENANTS COUNCIL for activities under this Agreement shall be (a) transferred to
CITY for the CDBG program or (b) retained after compensating CITY an amount equal to the
current fair market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment.
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SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. TENANTS COUNCIL agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 CFR Part 24 and 24 CFR § 570.606(b): (b) the requirements of 24 CFR §
570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under
section 104(d) of the HCD Act; and 9c) the requirements in 24 CFR § 570.606(d) governing
optional relocation policies. TENANTS COUNCIL shall provide relocation assistance to
displaced persons as defined by 24 CFR § 570.606(b)(2) that are displaced as a direct result of
acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. TENANTS
COUNCIL also agrees to comply with applicable CITY ordinances, resolutions and policies
concerning the displacement of persons from their residences.
SECTION X:
PERSONNEL & PARTICIPANT CONDITIONS
10.1. Civil Rights
A. Compliance
TENANTS COUNCIL agrees to comply with city and state civil rights acts and
ordinances, and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil
Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
B. Nondiscrimination
TENANTS COUNCIL 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 CITY to monitor non-discrimination,
TENANTS COUNCIL 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.
TENANTS COUNCIL 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. TENANTS COUNCIL will take
affirmative action to ensure 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. TENANTS COUNCIL
12
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.
TENANTS COUNCIL agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulation, and executive orders referenced in 24 CFR § 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section
109 of the Housing and Community Development Act (42 U.S.C. 5301 et seq.).
C. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964
(P.L. 88-352) and 24 CFR §§ 570.601 and 570.602. In regard to the sale, lease, or other transfer
of land acquired, cleared or improved with assistance provided under this Agreement,
TENANTS COUNCIL shall cause or require a covenant running with the land to be inserted in
the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease
or rental, or in the use or occupancy of such land, or in any improvements erected or to be
erected thereon, providing that CITY and the United States are beneficiaries of and entitled to
enforce such covenants. TENANTS COUNCIL, in undertaking its obligation to carry out the
program assisted hereunder, agrees to take such measures as are necessary to enforce such
covenant, and will not itself so discriminate.
D. Compliance with Section 504
TENANTS COUNCIL 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. CITY shall provide TENANTS COUNCIL with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this Agreement.
10.2. Affirmative Action
A. Approved Plan
TENANTS COUNCIL agrees that it shall be committed to carry out pursuant to CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
Presidents Executive Order 11246 of September 24, 1966. CITY shall provide Affirmative
Action guidelines to TENANTS COUNCIL to assist in the formulation of such program.
TENANTS COUNCIL shall submit a plan for an Affirmative Action Program for approval prior
to the award of funds.
B. Women- and Minority -Owned Businesses (W/MBE)
TENANTS COUNCIL will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms "small
business' means a business that meets the criteria set forth in section 3(a) of the Small Business
13
Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a
business at least fifty-one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and
American Indians. TENANTS COUNCIL may rely on written representations by businesses
regarding their status as minority and female business enterprises in lieu of an independent
investigation.
C. Access to Records
TENANTS COUNCIL shall furnish and cause each of its own subcontractors to furnish
all information and reports required hereunder and will permit access to its books, records and
accounts by CITY, HUD or its agent, or other authorized Federal officials for purposes of
investigation to ascertain compliance with the rules, regulations and provisions stated herein.
D. Notifications
TENANTS COUNCIL will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or worker's representative
of TENANTS COUNCIL's commitments hereunder, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
E. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement
TENANTS COUNCIL will, in all solicitations or advertisements for employees placed
by or on behalf of TENANTS COUNCIL, state that it is an Equal Opportunity or Affirmative
Action employer.
F. Subcontract Provisions
TENANTS COUNCIL will include the provisions of Paragraphs X.A, Civil Rights, and
B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so
that such provisions will be binding upon each of its own subcontractors.
10.3. Employment Restrictions
A. Prohibited Activity
TENANTS COUNCIL is prohibited from using funds provided herein or personnel
employed in the administration of the program for: political activities; inherently religious
activities; lobbying; political patronage; and nepotism activities.
14
B. Labor Standards
TENANTS COUNCIL agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and
Safety Standards Act as amended, the provisions of Contract Work Hours and Safety Standards
Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this Agreement.
TENANTS COUNCIL agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874
et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5.
TENANTS COUNCIL shall maintain documentation that demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be made available to CITY for
review upon request.
TENANTS COUNCIL agrees that, except with respect to the rehabilitation or
construction of residential property containing less than eight (8) units, all contractors engaged
under contracts in excess of $2,000.00 for construction, renovation or repair work financed in
whole or in part with assistance provided under this Agreement, shall comply with Federal
requirements adopted by CITY pertaining to such contracts and with the applicable requirements
of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers; provided that, if
wage rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve TENANTS COUNCIL of its obligation, if any, to
require payment of the higher wage. TENANTS COUNCIL shall cause or require to be inserted
in full, in all such contracts subject to such regulations, provisions meeting the requirement of
this paragraph.
C. "Section 3" Clause
1. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR Part 135, and all applicable
rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition
of the Federal financial assistance provided under this Agreement and binding upon CITY,
TENANTS COUNCIL and any of TENANTS COUNCIL's subcontractors. Failure to fulfill
these requirements shall subject CITY, TENANTS COUNCIL and any of TENANTS
COUNCIL's subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. TENANTS COUNCIL certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
TENANTS COUNCIL further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts executed under this
Agreement:
15
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very low-
income residents of the project area, and that contracts for work in connection
with the project be awarded to business concerns that provide economic
opportunities for low- and very low-income persons residing in the metropolitan
area in which the project is located."
TENANTS COUNCIL further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan area in
which the CDBG-funded project is located; where feasible, priority should be given to low -and
very law -income persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD programs; and
award contracts for work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead-based pain hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for low -and very
low-income persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low-income residents within the service area or the neighborhood
in which the project is located, and to low- and very low-income participants in other HUD
programs.
TENANTS COUNCIL certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
2. Notifications
TENANTS COUNCIL agrees to send to each labor organization or representative
of workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor organization or worker's representative of its
commitments under this Section 3 clause and shall post copies of the notice in conspicuous
places to employees and applicants for employment or training.
3. Subcontracts
TENANTS COUNCIL will include this Section 3 clause in every subcontract and
will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the grantor agency. TENANTS COUNCIL will not
subcontract with any entity where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity
has first provided it with a preliminary statement of ability to comply with the requirements of
these regulations.
16
10.4. Conduct
A. Assignability
TENANTS COUNCIL shall not assign or transfer any interest in this Agreement without
the prior written consent of CITY.
B. Subcontracts
1. Approvals
TENANTS COUNCIL shall not enter into any subcontracts with any agency or
individual in the performance of this contract without written consent of CITY prior to the
execution of such Agreement.
2. Monitoring of Subcontractors
TENANTS COUNCIL 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.
3. Content
TENANTS COUNCIL shall cause all of the provisions of this contract in its entirety to
be included in and made a part of any subcontract executed in the performance of this
Agreement.
4. Selection Process
TENANTS COUNCIL shall undertake to ensure that all subcontracts let in the
performance of this agreement shall be awarded on a fair and open competition basis in
accordance with applicable procurement requirements. Executed copies of all subcontracts shall
be forwarded to CITY along with documentation concerning the selection process.
C. Hatch Act
TENANTS COUNCIL agrees that no funds provided, nor personnel employed under this
Agreement, shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V United States Code.
D. Conflict of Interest
TENANTS COUNCIL understands and agrees to abide by the provisions of 24 CFR §§
84.42 and 570.611, which include, but are not limited to the following:
17
1. TENANTS COUNCIL shall maintain a written code or standards of
conduct that shall govern the performance of its officers, employees or agents engaged in the
award and administration of contracts supported by Federal funds.
2. No employee, officer or agent of TENANTS COUNCIL shall participate
in the selection, or in the award, or administration of, a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved.
3. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a position to participate
in a decision-making process or gain inside information with regard to such activities, may
obtain a financial interest in any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBD-assisted activity, or with respect to the proceeds from the
CDBG-assisted activity, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to "covered persons" which shall include any
person who is an employee, agent, consultant, officer, or elected official of CITY, TENANTS
COUNCIL or any designated public agencies which are receiving funds under the CDBG
Entitlement program.
E. Lobbying
TENANTS COUNCIL hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph (4) of this certification be
included in the award documents for all subawards at all tiers including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements and that all subrecipients shall
certify and disclose accordingly:
18
4. Lobbying Certification
This certification is a material representation of a fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C.
Any person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
F. Copyright
If this Agreement results in any copyrightable material or inventions, CITY and/or
grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use and to authorize others to use, the work or materials for
governmental purposes.
G. Religious Organization
TENANTS COUNCIL agrees that funds provided under this Agreement will not be
utilized for inherently religious activities, such as worship, religious instruction, or
proselytization; to promote religious interests; or for the benefit of a religious organization as
specified in 24 CFR § 570.200(j).
SECTION XI:
ENVIRONMENTAL CONDITIONS
11.1. Air and Water
TENANTS COUNCIL agrees to comply with the following requirements insofar as they
apply to the performance of this Agreement:
A. Clean Air Act, 42 U.S.C., 7401, et seq.;
B. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as
other requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder; and
C. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50,
as amended.
11.2. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), TENANTS COUNCIL shall assure that for activities located in an area identified
by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood
19
insurance under the National Flood Insurance Program is obtained and maintained as a condition
of financial assistance for acquisition or construction purposes including rehabilitation.
11.3. Lead -Based Paint
TENANTS COUNCIL agrees that any construction or rehabilitation of residential
structures with assistance provided under this Agreement shall be subject to HUD Lead -Based
Paint Regulations at 24 CFR § 570.608, and 24 CFR Part 35, Subpart B. Such regulations
pertain to all CDBG-assisted housing and require that all owners, prospective owners, and
tenants of properties constructed prior to 1978 be properly notified that such properties may
include lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken when dealing with lead-
based paint poisoning and the advisability and availability of blood lead level screening for
children under seven. The notice should also point out that if lead-based paint is found on the
property, abatement measures may be undertaken. The regulations further require that,
depending on the amount of Federal funds applied to a property, paint testing, risk assessment,
treatment and/or abatement may be conducted.
11.4. Historic Preservation
TENANTS COUNCIL agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures
for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
SECTION XII:
SEVERABILITY
12.1. If any provision of this Agreement is held invalid, the remainder of the Agreement shall
not be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
SECTION XIII:
SECTION HEADINGS AND SUBHEADINGS
13.1. The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
20
SECTION XIV:
WAIVER
14.1. CITY's failure to act with respect to a breach by TENANTS COUNCIL does not waive
its right to act with respect to subsequent or similar breaches. The failure of CITY to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
IN WITNESS WHEREOF, this Agreement is executed to be effective as of the date first
indicated above.
CITY:
City of Round
TENANTS COUNCIL:
ock Austin Tenants Council
Steve Norwood, City Manager
ame:
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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 -recipient's 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 long-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 Tong -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, less 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: