R-12-12-20-E6 - 12/20/2012RESOLUTION NO. R -12-12-20-E6
WHEREAS, the City of Round Rock has previously entered into a Community Development
Block Grant Agreement ("Agreement") with Williamson -Burnet County Opportunities, Inc.
("WBCO") for the Sidewalk, Curb and Gutter Program; and
WHEREAS, WBCO has submitted Amendment No. 1 to the Agreement to provide for a
change in the scope, amount, and expiration term of the Agreement; and
WHEREAS, the City Council desires to enter into said Amendment No. 1 with WBCO, Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City Amendment
No. 1 to Community Development Block Grant Agreement with Williamson -Burnet County
Opportunities, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 20th day of December, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
- <2X4W-,,,
SARA L. WHITE, City Clerk
O:\wdox\SCCI nt s\0112\ 1204\MUNICIPAL\00264138. DOC/mc
EXHIBIT
"A»
AMENDMENT NO. 1
TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN CITY OF ROUND ROCK
AND WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC.
This Amendment No. 1 to the Community Development Block Grant Agreement
between the City of Round Rock and Williamson -Burnet County Opportunities, Inc., hereinafter
called "Amendment No. I" is made by and between the City of Round Rock, a Texas home -rule
municipal corporation (the "City") and Williamson -Burnet County Opportunities, Inc.
("WBCO").
WHEREAS, the City and WBCO executed that Community Development Block Grant
Agreement on the 12th day of January, 2012 (the "Agreement"); and
WHEREAS, the scope of the Agreement is for the Sidewalk, Curb and Gutter Program
in the amount of $58,708.00, whereby WBCO will construct, or cause to be constructed,
sidewalks, curbs, gutters and related appurtenances or improvements at or near WBCO facilities
located at 1001 E. Main Street, Round Rock, Texas 78664; and
WHEREAS, the Agreement shall expire on the 12`h day of January, 2013; and
WHEREAS, in accordance with Section 7.6 of the Agreement, the Agreement may be
amended by the execution of an amendment by both parties within the period specified as the
term of the Agreement; and
WHEREAS, it has become necessary to amend the Agreement to provide for a change in
the scope, amount, and expiration term of the Agreement;
NOW THEREFORE, 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, the City and WBCO agree that said Agreement is amended as follows:
Agreement:
Section I.I. Activities and Beneficiaries, shall be amended to read as follows:
Activity #l: Construct, or cause to be constructed, lighting, dumpster enclosures,
playground fence, and related appurtenances or improvements (the
"Improvements") at or near WBCO facilities located at 1001 E. Main
Street, Round Rock, Texas 78664 (the "Project").
2. Section 2.1 shall be amended to read as follows:
2.1 Services of WBCO shall start on the Effective Date. This Agreement shall expire
eighteen (18) months after the Effective Date, unless extended in writing by WBCO and
00263843.doc/jmr
CITY, except as provided below. WBCO shall complete all services contemplated by
this Agreement prior to its expiration.
3. Section III: Budget, shall be amended to read as follows:
SECTION III:
BUDGET
Line Item
Amount
Construction of lighting, dumpster enclosures, $69,440.24
playground fence, and related appurtenances or
improvements at or near WBCO facilities
located at 1001 E. Main Street, Round Rock,
Texas 78664.
4. The Agreement is amended to replace all instances of $58,708.00 with $69,440.24.
5. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the
meanings ascribed to them in the Agreement.
6. Except as amended hereby, the Agreement as originally written remains in full force and
effect.
7. This Amendment No. I may be executed in multiple counterparts, which, when
combined together, shall constitute an original of this Amendment No. 1. In addition, facsimile
signatures of the parties shall be effective on all counterparts of this Amendment No. 1.
8. This, Amendment No. 1 together with the Agreement, embodies the entire agreement of
the parties hereto, and is binding upon and inures to the benefit of the parties to this Amendment
No. l and their respective heirs, executors, administrators, personal representatives, legal
representatives, successors and assigns and incorporates all previous correspondence or
communication, whether written or oral. The Agreement, as amended hereby, can only be
further modified or varied by written instrument subscribed to by the parties hereto.
IN WITNESS WHEREOF, the City and WBCO have executed this Amendment No. 1 on the
dates indicated.
2
Approved as to form:
Stephan L. Sheets, City Attorney
CITY:
City of Round Rock
ALAN MCGRAW, Mayor
ATTEST:
SARA WHITE
City Clerk
WBCO:
Williamson -Burnet County Opportunities,
Inc.
Name: Andrew Shell
Title: Executive Director
ROUND ROCK, TEXAS City Council Agenda Summary Sheet
PURPOSE. PASSION. PROSPERITY.
Agenda Item No. E6. — CONSENT
Consider a resolution authorizing the Mayor to execute Amendment No. 1 to the
Community Development Block Grant (CDBG) Agreement between the City of Round Rock
Agenda Caption: and Williamson -Burnet County Opportunities, Inc.
MeetinK Date: December 20. 2012
Department: Finance
Staff Person making presentation: Cheryl Delan
Finance Director
Item Summary:
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 and urgent need.
This item is an amendment that extends the 2011 CDBG Williamson -Burnet Counties Opportunities sub -recipient
agreement for an additional six months and change the scope of work and additional funding in the amount of
$10,732.24. The sub -recipient agreement was approved by city council on January 12, 2012 by Resolution No. R -12-
01-12-10B in the amount of $58,708. Due to construction delays WBCO was unable to expend the funds on the
original scope of work. The original scope of work was for the construction of sidewalks, curb and gutter at the new
Head Start building. The new scope of work consists of the purchase of lighting, dumpster enclosures and a
playground fence at the new Head Start building and the new contract amount is $69,440.24.
Cost: $10,732.24
Source of Funds: CDBG HUD Entitlement Grants
Recommended Action: Approval
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AMENDMENT NO. 1
TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN CITY OF ROUND ROCK
AND WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC.
This Amendment No. 1 to the Community Development Block Grant Agreement
between the City of Round Rock and Williamson -Burnet County Opportunities, Inc., hereinafter
called "Amendment No. l" is made by and between the City of Round Rock, a Texas home -rule
municipal corporation (the "City") and Williamson -Burnet County Opportunities, Inc.
("WBCO").
WHEREAS, the City and WBCO executed that Community Development Block Grant
Agreement on the 12th day of January, 2012 (the "Agreement"); and
WHEREAS, the scope of the Agreement is for the Sidewalk, Curb and Gutter Program
in the amount of $58,708.00, whereby WBCO will construct, or cause to be constructed,
sidewalks, curbs, gutters and related appurtenances or improvements at or near WBCO facilities
located at 1001 E. Main Street, Round Rock, Texas 78664; and
WHEREAS, the Agreement shall expire on the 12th day of January, 2013; and
WHEREAS, in accordance with Section 7.6 of the Agreement, the Agreement may be
amended by the execution of an amendment by both parties within the period specified as the
term of the Agreement; and
WHEREAS, it has become necessary to amend the Agreement to provide for a change in
the scope, amount, and expiration term of the Agreement;
NOW THEREFORE, 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, the City and WBCO agree that said Agreement is amended as follows:
Agreement:
Section 1.1. Activities and Beneficiaries, shall be amended to read as follows:
Activity #1: Construct, or cause to be constructed, lighting, dumpster enclosures,
playground fence, and related appurtenances or improvements (the
"Improvements") at or near WBCO facilities located at 1001 E. Main
Street, Round Rock, Texas 78664 (the "Project").
2. Section 2.1 shall be amended to read as follows:
2.1 Services of WBCO shall start on the Effective Date. This Agreement shall expire
eighteen (18) months after the Effective Date, unless extended in writing by WBCO and
00263843.doc/jmr
CITY, except as provided below. WBCO shall complete all services contemplated by
this Agreement prior to its expiration.
3. Section III: Budget, shall be amended to read as follows:
SECTION III:
BUDGET
T ine Item
Amount
Construction of lighting, dumpster enclosures, $69,440.24
playground fence, and related appurtenances or
improvements at or near WBCO facilities
located at 1001 E. Main Street, Round Rock,
Texas 78664.
4. The Agreement is amended to replace all instances of $58,708.00 with $69,440.24.
5. Capitalized terms not otherwise defined in this Amendment No. 1 shall have the
meanings ascribed to them in the Agreement.
6. Except as amended hereby, the Agreement as originally written remains in full force and
effect.
7. This Amendment No. 1 may be executed in multiple counterparts, which, when
combined together, shall constitute an original of this Amendment No. 1. In addition, facsimile
signatures of the parties shall be effective on all counterparts of this Amendment No. 1.
8. This, Amendment No. 1 together with the Agreement, embodies the entire agreement of
the parties hereto, and is binding upon and inures to the benefit of the parties to this Amendment
No. 1 and their respective heirs, executors, administrators, personal representatives, legal
representatives, successors and assigns and incorporates all previous correspondence or
communication, whether written or oral. The Agreement, as amended hereby, can only be
further modified or varied by written instrument subscribed to by the parties hereto.
IN WITNESS WHEREOF, the City and WBCO have executed this Amendment No. I on the
dates indicated.
2
Approved as to form:
Stephan LA Sheets, City Attorney
CITY:
City of Round Rock
ALA MCGRAW, Mayor
ATTEST: •
SARA WHITE •
City Clerk
WBCO:
Williamson -Burnet County Opportunities,
Inc.
Name: Andrew Shell
Title: Executive Director