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CM-2017-1338 - 3/13/2017THE STATE OF TEXAS § COUNTY OF WILLIAMSON § AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS THIS AMENDMENTT�tc COMM ITY EVELOPMENT BLOCK GRANT AGREEMENT is entered into thi ay of 11A 2017 by and between the City of Round Rock, a Texas home -rule municipality (herein called "CITY") and the Hope Alliance (herein called "ALLIANCE"). WHEREAS, CITY and ALLIANCE entered into Community Development Block Grant Agreements on November 25, 2014 ("2014-2015 Agreement") and January 14, 2016 ("2015- 2016 Agreement") (hereinafter collectively referred to as the "Agreements"); and WHEREAS, ALLIANCE was awarded $75,000 pursuant to the 2014-2015 Agreement and $90,000 pursuant to the 2015-2016 Agreement, for a total of $165,000, to make improvements to a domestic violence shelter; WHEREAS, CITY and ALLIANCE have agreed to amend the Agreements in order to incorporate professional services as an eligible expense; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree to amend the following sections of 2014-2015 Agreement to read as follows: 1.1 Activities ALLIANCE will be responsible for administering a Community Development Block Grant ("CDBG") program known as the domestic violence rehabilitation and shelter improvements 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 Activities: Building rehabilitation of domestic violence shelter for battered women and related professional services. City will make available FY2014-2015 funds up to the gross amount of $75,000 from October 1, 2014 through September 30, 2017. 373296bk General Administrative The Executive Director of ALLIANCE ("Executive Director") will provide administrative oversight for the program. 1.2 National Objectives ALLIANCE certifies that the activities carried out under this Agreement shall meet the national objective of benefiting low -and moderate -income persons through public facility improvements to an existing structure for a domestic violence shelter through rehabilitation actions. As such the ALLIANCE shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA—Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit or presumed Low Mod Clientele ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit ALLIANCE shall use said grant for contracting rehabilitation actions for a domestic violence shelter which will afford ALLIANCE the ability to provide rehabilitation services within the CDBG national program objective of benefiting low and moderate income clients, provided, however, no funds shall be distributed until ALLIANCE submits required documentation to the CDBG Coordinator, and disbursement of funds is expressly approved and authorized by said Coordinator. 1.3. Levels of Accomplishment — Goals and Performance Measures In addition to normal administrative services required as part of this Agreement, ALLIANCE agrees to provide the following program services and meet the following goal(s): Activity Unduplicated Clients Receiving To rehabilitate current Program Services Per Year Building rehabilitation for 330 unduplicated clients domestic violence shelter for secure, and compliant emergency battered women. shelter Goal Outcome To rehabilitate current 330 adults and children shelter emergency shelter facility for residents will have access to safe, battered women and their secure, and compliant emergency children shelter 2 Duplicate services to a unique client are permissible in order to maintain continuity with current client cases and insure service completion. Duplicate clients shall not be counted towards ALLIANCE's goals and performance measures. ALLIANCE agrees to meet the following accomplishment milestones: Milestone Proposed Start Date Estimated Duration Person(s) Responsible Feasibility/Planning Draft design review November 2016 Completed Patty Conner Initial, and eventual rescind, of request for bid November 2016 Completed Patty Conner Design Design Development May 2017 1 Mo. Patty Conner/Architect Conduct design review June 2017 1 Mo. Patter Conner/Architect Pre-Construction/Construction Conduct code and environmental study May 2017 1 Mo. Patty Corner/Architect Conduct bid process July 2017 3 Mos. Patty Corner/Architect Permitting September 2017 1 Mo. Patty Conner/Contractor Construction October 2017 8 Mos. Patty Conner/Contractor 50% Construction Complete January 2018 4 Mos. Patty Conner/Contractor 100% Construction complete April 2018 4 Mos. Patty Conner/Contractor Program deliverables shall be submitted as follows: Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section VI) agreement agreement execution Insurance Insurance Certificate Annually within thirty (30) days of renewal Detailed project Schedule Project Schedule Within thirty (30) days of agreement execution and annuall thereafter (if applicable) Project Plans and Project Schedule Within thirty (30) days of Specifications/Engineering Report Agreement Execution Submission of Progress Report Exhibit C Monthly until completion of rehabilitation. Financial and Compliance Audit N/A Annually one hundred eighty (180) days after FY end until 2018 2.1 Services of ALLIANCE shall start on the October 1, 2014. This Agreement shall expire on September 30, 2018, unless extended in writing by ALLIANCE and CITY, except as J provided below. ALLIANCE shall complete all services contemplated by this Agreement prior to its expiration. SECTION III: BUDGET All funds expended by ALLIANCE pursuant to this agreement shall be expended in accordance with the following budget: EXPENDITURE DESCRIPTION CDBG FUNDS OTHER PROJECT CATEGORY FEDERAL TOTAL FUNDS Facility Improvements - Costs associated with $75,000 (PY 14/15) $40,000 $205,000 Professional services and professional (Williamson building rehabilitation related to services/rehabilitation $90,000 (PY 15/16) County-CDBG) ADA compliance and Code associated with ADA compliance compliance and Code violations. Total Improvement Costs $165,000 $40,000 $205,000 Total Project Expenses $165,000 $40,000 $205,000 No reimbursements shall be made for expenditures not included in the approved Budget; for expenditures made in excess of the amounts budgeted for each line item in an approved budget; or for expenditures not made within the approved scope of service. Prior to expending CDBG funds for items not included as part of the approved budget or in amounts exceeding those for approved line items, or for items not within the scope of the work plan, the ALLIANCE must receive prior written permission form the Community Development Department. No changes in a current approved contract budget shall be made or approved during the last thirty (30) days of the grant period and no changes to the approved work plan will be made or approved during the final quarter of the grant period. The ALLIANCE will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the City as requested beneficiary income certification documentation (at least 20% of unduplicated clients) ® Maintain National Objective Documentation ® Provide Monthly reports on National Objectives and project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by Community Development ® Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation ® Identify Lead Project Manager ® Provide Site Design and Specifications; Prepared Bid Specifications and Engineer's Cost Estimate ® Comply with Davis Bacon Labor Standards 11 ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ® Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met 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 ALLIANCE shall provide such supplementary budget information in a timely fashion in the form and content prescribed by CITY. ALLIANCE 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 $65,000.00 (SEVENTY FIVE THOUSAND DOLLARS). 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 as follows: Payment Deliverable Payment Supporting Documentation Submission Schedule Funding costs will include but not Submission of supporting Submission of monthly limited to the following expenses: documents must be provided invoices funding for rehabilitation of domestic as backup as evidenced by violence shelter. contractor schedule of values/invoices or equivalent, proof of permit close out, if applicable, banking documents, canceled checks, and any additional documents as needed. 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 ALLIANCE's financial management system in accordance with the standards specified in 24 CFR 84.21. SECTION VI: SPECIAL CONDITIONS The following SPECIAL CONDITIONS apply to this Agreement: 5 FACILITY ALTERATION, REHABILITATION, CONSTRUCTION: In accordance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), Receiver agrees to abide by laws and regulations requiring certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of this Act and shall comply with the Uniform Federal Accessibility Standards. In accordance with the Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA), the Receiver agrees to comply with the provision of comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. Discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable. ALLIANCE further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Furthermore: A. Within thirty (30) calendar days of the execution of this agreement, the ALLIANCE must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the ALLIANCE'S governing body within thirty (30) days of award of this agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy FURTHERMORE, the Parties agree to amend the following sections of the 2015-2016 Agreement to read as follows: Ce 1.1 Activities ALLIANCE will be responsible for administering a Community Development Block Grant ("CDBG") program known as the domestic violence rehabilitation and shelter improvements 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 Activities: Building rehabilitation of domestic violence shelter for battered women and related professional services. City will make available FY2015-2016 funds up to the gross amount of $90,000 from October 1, 2015 through September 30, 2018. General Administrative The Executive Director of ALLIANCE ("Executive Director") will provide administrative oversight for the program. 1.3 National Objectives ALLIANCE certifies that the activities carried out under this Agreement shall meet the national objective of benefiting low -and moderate -income persons through public facility improvements to an existing structure for a domestic violence shelter through rehabilitation actions. As such the ALLIANCE shall be responsible for ensuring that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit or presumed Low Mod Clientele ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit ALLIANCE shall use said grant for contracting rehabilitation actions for a domestic violence shelter which will afford ALLIANCE the ability to provide rehabilitation services within the CDBG national program objective of benefiting low and moderate income clients, provided, however, no funds shall be distributed until ALLIANCE submits required documentation to the CDBG Coordinator, and disbursement of funds is expressly approved and authorized by said Coordinator. 7 1.3. Levels of Accomplishment — Goals and Performance Measures In addition to normal administrative services required as part of this Agreement, ALLIANCE agrees to provide the following program services and meet the following goal(s): Activity Unduplicated Clients Receiving To rehabilitate current Program Services Per Year Building rehabilitation for 330 unduplicated clients domestic violence shelter for secure, and compliant emergency battered women. shelter Goal Outcome To rehabilitate current 330 adults and children shelter emergency shelter facility for residents will have access to safe, battered women and their secure, and compliant emergency children shelter Duplicate services to a unique client are permissible in order to maintain continuity with current client cases and insure service completion. Duplicate clients shall not be counted towards ALLIANCE's goals and performance measures. ALLIANCE agrees to meet the following accomplishment milestones: Milestone Proposed Start Date Estimated Duration Person(s) Responsible Feasibility/Planning Draft design review November 2016 Completed Patty Conner Initial, and eventual rescind, of request for bid November 2016 Completed Patty Conner Design Design Development May 2017 1 Mo. Patty Conner/Architect Conduct design review June 2017 1 Mo. Patter Conner/Architect Pre-Construction/Construction Conduct code and environmental study May 2017 1 Mo. Patty Corner/Architect Conduct bid process July 2017 3 Mos. Patty Corner/Architect Permitting September 2017 1 Mo. Patty Conner/Contractor Construction October 2017 8 Mos. Patty Conner/Contractor 50% Construction Complete January 2018 4 Mos. Patty Conner/Contractor 100% Construction complete April 2018 4 Mos. Patty Conner/Contractor Program deliverables shall be submitted as follows: Program Deliverable Deliverable Supporting Submission Schedule OTHER Documentation CATEGORY Special Grant Condition Policies Policies as stated in this Within thirty (30) days of (Section VI) agreement agreement execution Insurance Insurance Certificate Annually within thirty (30) days Facility Improvements - Costs associated with of renewal Detailed project Schedule Project Schedule Within thirty (30) days of professional agreement execution and building rehabilitation related to annuall thereafter (if applicable) Project Plans and Project Schedule Within thirty (30) days of Specifications/Engineering Re ort associated with ADA Agreement Execution Submission of Progress Report Exhibit C Monthly until completion of compliance and Code rehabilitation. Financial and Compliance Audit N/A Annually one hundred eighty (180) days after FY end until Total Improvement Costs $165,000 2018 2.1 Services of ALLIANCE shall start on the October 1, 2015. This Agreement shall expire on September 30, 2018, unless extended in writing by ALLIANCE and CITY, except as provided below. ALLIANCE shall complete all services contemplated by this Agreement prior to its expiration. SECTION III: BUDGET All funds expended by ALLIANCE pursuant to this agreement shall be expended in accordance with the following budget: EXPENDITURE DESCRIPTION CDBG FUNDS OTHER PROJECT CATEGORY FEDERAL TOTAL FUNDS Facility Improvements - Costs associated with $75,000 (PY 14/15) $40,000 $205,000 Professional services and professional (Williamson building rehabilitation related to services/rehabilitation $90,000 (PY 15/16) County-CDBG) ADA compliance and Code associated with ADA compliance compliance and Code violations. Total Improvement Costs $165,000 $40,000 $205,000 Total Project Expenses $165,000 $40,000 $205,000 No reimbursements shall be made for expenditures not included in the approved Budget; for expenditures made in excess of the amounts budgeted for each line item in an approved budget; or for expenditures not made within the approved scope of service. Prior to expending CDBG funds for items not included as part of the approved budget or in amounts exceeding those for approved line items, or for items not within the scope of the work plan, the ALLIANCE 0J must receive prior written permission form the Community Development Department. No changes in a current approved contract budget shall be made or approved during the last thirty (30) days of the grant period and no changes to the approved work plan will be made or approved during the final quarter of the grant period. The ALLIANCE will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the City as requested beneficiary income certification documentation (at least 20% of unduplicated clients) ® Maintain National Objective Documentation ® Provide Monthly reports on National Objectives and project progress ® Required attendance by a representative from executive management at quarterly partnership meetings, as requested by Community Development ® Provide monthly construction and rehabilitation progress reports until completion of construction and rehabilitation ® Identify Lead Project Manager ® Provide Site Design and Specifications; Prepared Bid Specifications and Engineer's Cost Estimate ® Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ® Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met 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 ALLIANCE shall provide such supplementary budget information in a timely fashion in the form and content prescribed by CITY. ALLIANCE 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 $90,000.00 (NINETY THOUSAND DOLLARS). 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 as follows: 10 Payment Deliverable Payment Supporting Documentation Submission Schedule Funding costs will include but not Submission of supporting Submission of monthly limited to the following expenses: documents must be provided invoices funding for rehabilitation of domestic as backup as evidenced by violence shelter. contractor schedule of values/invoices or equivalent, proof of permit close out, if applicable, banking documents, canceled checks, and any additional documents as needed. 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 ALLIANCE's financial management system in accordance with the standards specified in 24 CFR 84.21. SECTION VI: SPECIAL CONDITIONS The following SPECIAL CONDITIONS apply to this Agreement: FACILITY ALTERATION, REHABILITATION, CONSTRUCTION: In accordance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), Receiver agrees to abide by laws and regulations requiring certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of this Act and shall comply with the Uniform Federal Accessibility Standards. In accordance with the Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA), the Receiver agrees to comply with the provision of comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. Discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable. ALLIANCE further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Furthermore: 11 C. Within thirty (30) calendar days of the execution of this agreement, the ALLIANCE must deliver to CHS for approval a detailed project schedule for the completion of the project. D. The following resolutions and policies must be adopted by the ALLIANCE'S governing body within thirty (30) days of award of this agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy THIS AMENDMENT only amends the sections of the Agreements specifically mentioned herein, and except as amended hereby, all other terms of the Agreements remain in full force and effect. IN WITNESS WHEREOF, this Amendment is executed to be effective as of the date first indicated above. CITY OF ROUND ROCK 1 � �dley, ai+ager HOPE ALLIANCE Name: Title: 12 City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Amendment to Community Development Block Grant Agreements with Hope Alliance for the building rehabilitation of a domestic violence shelter and related professional services. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 3/10/2017 Dept Director: Susan Morgan, CFO Cost: Indexes: Attachments: Amendment to Hope Alliance Agreement Department: Finance Department Text of Legislative File CM -2017-1338 Consider executing an Amendment to Community Development Block Grant Agreements with Hope Alliance for the building rehabilitation of a domestic violence shelter and related professional services. 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 need one of the three national objectives of the program which are: 1) benefit low to moderate income persons 2) prevention of slum or blight 3) meet an urgent need. Consider executing an amendment on the original two Hope Alliance agreements; CDBG Agreement PY 2014-2015 and PY 2015-2016. The PY 2014-2015 agreement was approved by Council, Resolution 2014-1952, November 25, 2014 and PY 2015-2016 was approved by Council, Resolution 2016-3007 January 16, 2016. Hope Alliance required an architect to develop plans for the rehabilitation of the shelter as well as address ADA and code violations. The amendment describes the budget in more detail to address eligible cost within the budgets constraints. It also incorporates a milestone chart and facility alteration, rehabilitation and construction in reference to the Architectural Barriers Act of 1968 and the Americans with Disabilities Act. There will be no increase/decrease in funding amount for the agreement. City of Round Rock Page 1 Printed on 31912017