R-03-11-13-11G2 - 11/13/2003RESOLUTION NO. R -03-11-13-11G2
WHEREAS, the City of Round Rock 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, the City of Round Rock wishes to engage Children's
Support Coalition to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community
Development Block Grant Program Agreement with Children's Support
Coalition for MHMR related services, 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, a Community Development Block Grant Agreement with
Children's Support Coalition for MHMR related services, a copy of said
agreement 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 13th day of November, 003
ATTEST:
WELD! Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretar
9PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R31113u2.WPD/so
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -03 -MC -48-0514)
THIS AGREEMENT, entered into this day of , 2003 by and between the City of
Round Rock, a Texas home -rule municipality (herein called the "GRANTEE") and Children's
Support Coalition (herein called the "SUBRECIPIENT").
WHEREAS, the GRANTEE 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, the GRANTEE wishes to engage the SUBRECIPIENT to assist the GRANTEE
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 and Beneficiaries
The SUBRECIPIENT will be responsible for administering a Community Development
Block Grant ("CDBG") Year 2003 program in a manner satisfactory to the GRANTEE 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: Mental Health Mental
Retardation. Under this program, the SUBRECIPIENT agrees to provide these services for:
Persons Assisted
Total Unduplicated Persons 34
Total Unduplicated Low to Moderate Income Persons 34
1.2. Level of Accomplishments
In addition to normal administrative services required as part of this Agreement, the
SUBRECIPIENT agrees to provide the households/persons the following program services:
1
EXHIBIT
b
nAn
1.3. Staffing
To undertake the activities described above and accomplish the levels of service described
above, the SUBRECIPIENT will allocate staff time in support of the program funded under this
Agreement as follows:
Title
1 # of Weeks
Timeframe: October 1, 2003 through September 30, 2004
1.4. Performance Monitoring
The GRANTEE will monitor the performance of the SUBRECIPIENT against the goals and
performance standards required herein. Substandard performance as determined by the GRANTEE
will constitute non-compliance with this Agreement. If action to correct such substandard
performance is not taken by the SUBRECIPIENT within thirty (30) days after being notified by the
GRANTEE, contract suspension or termination procedures will be initiated in accordance with
Section VI of this Agreement.
Hrs. per Week
Administrative Director
Estimated Hours
40
51
SECTION II:
TIME OF PERFORMANCE
2040
Services of the SUBRECIPIENT shall start on the 1st day of October, 2003 and end on the
30th day of September, 2004. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the SUBRECIPIENT remains in control
of CDBG funds or other assets including program income.
SECTION III:
PAYMENT
It is expressly agreed the total amount to be paid by the GRANTEE under this contract shall
not exceed $6000.00. Drawdowns for the payment of eligible expenses shall be made against the
line item budgets specified in Exhibit "C", attached hereto and incorporated herein and in accordance
with performance. Expenses for general administration shall also be paid against the line item
budgets specified in Exhibit "C" and in accordance with performance.
2
Activity
# of Weeks
Times Unduplicated
Persons
Equals Units of Service
Counseling
4
15
60
Psychiatric Visits
1
5
5
Psychologist Visit
1
2
2
Medication
1
12
12
1.3. Staffing
To undertake the activities described above and accomplish the levels of service described
above, the SUBRECIPIENT will allocate staff time in support of the program funded under this
Agreement as follows:
Title
1 # of Weeks
Timeframe: October 1, 2003 through September 30, 2004
1.4. Performance Monitoring
The GRANTEE will monitor the performance of the SUBRECIPIENT against the goals and
performance standards required herein. Substandard performance as determined by the GRANTEE
will constitute non-compliance with this Agreement. If action to correct such substandard
performance is not taken by the SUBRECIPIENT within thirty (30) days after being notified by the
GRANTEE, contract suspension or termination procedures will be initiated in accordance with
Section VI of this Agreement.
Hrs. per Week
Administrative Director
Estimated Hours
40
51
SECTION II:
TIME OF PERFORMANCE
2040
Services of the SUBRECIPIENT shall start on the 1st day of October, 2003 and end on the
30th day of September, 2004. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the SUBRECIPIENT remains in control
of CDBG funds or other assets including program income.
SECTION III:
PAYMENT
It is expressly agreed the total amount to be paid by the GRANTEE under this contract shall
not exceed $6000.00. Drawdowns for the payment of eligible expenses shall be made against the
line item budgets specified in Exhibit "C", attached hereto and incorporated herein and in accordance
with performance. Expenses for general administration shall also be paid against the line item
budgets specified in Exhibit "C" and in accordance with performance.
2
Payments will be contingent upon certification of the SUBRECIPIENT'S financial
management system in accordance with the standards specified in Attachment A - OMB Circular A-
110, Attachment F to this Agreement.
SECTION IV:
NOTICES
Notices made pursuant to this Agreement shall be directed to the following representatives:
GRANTEE:
Mona Ryan,
Community Development Coordinator
City of Round Rock
301 West Bagdad, Suite 140
Round Rock, Texas 78664
SUBRECIPIENT:
Children's Support Coalition
Rosemary Lee, Administrative Director
211 Commerce, Ste. 105
Round Rock, TX 78664
SECTION V:
SPECIAL CONDITIONS
The SUBRECIPIENT shall agree 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 (CDBG) and all federal regulations and policies issued
pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
SECTION VI:
GENERAL CONDITIONS
6.1. General Compliance
The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Agreement.
6.2. Independent Contract
It is understood and agreed that SUBRECIPEINT is an independent contractor and shall not
be considered an employee of the GRANTEE. SUBPRICIPIENT shall not be within protection or
coverage of the GRANTEE'S Workers' Compensation insurance, Health Insurance, Liability
Insurance or any other Insurance that the GRANTEE from time to time may have in force and effect.
6.3. Hold Harmless
The SUBRECIPIENT shall indemnify, save harmless and exempt the GRANTEE, 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
3
work done as result of this Agreement and arising out of a willful or negligent act or omission of the
SUBRECIPIENT, its officers, agents, servants, and employees ; provided, however, that the
SUBRECIPIENT 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 the
GRANTEE, its officers, agents, servants and employees, or third parties.
6.4. Amendments
The term and conditions of this Agreement, including the attachments listed below, constitute
the entire agreement between the parties and superseded all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof. No
modification or amendment of this Agreement will be binding on either party unless acknowledged
in written by their duly authorized representatives.
Attachments:
a. Exhibit A — Client Data Form
b. Exhibit B — Beneficiary Report Form
c. Exhibit C — Project Budget
d. Appendix A — OMB Circular A-110
e. Appendix B — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
f. Appendix C — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration
g. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Other Program
Requirements
6.5. Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the other
party of such termination and specifying the effective date thereof at least 30 days before the
effective date of such termination. Partial terminations of the Scope of Service in Paragraph 1.1.
above may only be undertaken with the prior approval of the GRANTEE. In the event of any
termination for convenience, all finished or unfinished documents, data, reports or other materials
prepared by SUBRECIPIENT under this Agreement shall, at the option of the GRANTEE, become
property of the GRANTEE.
The GRANTEE may also suspend or terminate this Agreement, in whole or in part, if the
SUBRECIPIENT materially fails to comply with any term of this Agreement, or with any of the
rules, regulations, or provisions referred to herein; and the GRANTEE may declare the
SUBRECIPIENT ineligible for any further participation in GREANTEE contracts, in addition to
other remedies as provided by law. Should the SUBRICIPIENT fail to cure or correct such defects
or failures identified by the GRANTEE within the 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, the
GRANTEE may seek reimbursement of all funds from the GRANTEE to the SUBRECIPIENT under
this Agreement.
4
SUBRECIPIENT shall not be relieved of the liability to the GRANTEE for damages
sustained by the GRANTEE by virtue of any breach of this Agreement by SUBRECIPIENT and the
GRANTEE may withhold any payments to the SUBRECIPIENT for the purpose as set out and until
such time as the exact amount of damages due the GRANTEE from the SUBRECIPIENT is
determined. Should the GRANTEE become aware of any activity by the SUBRECIPIENT which
would jeopardize the GRANTEE'S position with HUD which would cause a payback of CDBG
funds or other GRANTEE federal funds then the GRANTEE may take appropriate action including
injunctive relief against SUBRECIPIENT to prevent the transaction as aforesaid. The failure of the
GRANTEE to exercise this right shall in no way constitute a waiver by the GRANTEE to demand
payment or seek any other relief in law or in equity to which it may be justly entitled.
6.6. Reversion of Assets
Pursuant to 24 CFR 570.503, SUBRECIPIENT agrees that should it discontinue the services as
provided for herein, then all unexpended CDBG funds shall be returned within ten (10) days to the
GRANTEE. The funds remaining will be appropriated to eligible CDBG activities in keeping with
the GRANTEE'S budgetary process.
SECTION VII:
ADMINISTRATIVE REQUIREMENTS
7.1. Records and Reports
A. Recordkeeping
The SUBRECIPIENT shall maintain all records required by the federal regulations specified
in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement.
Such records shall include, but 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 Part 570.208;
3. Records required to determine the eligibility of activities under 24 CFR Part
570.201 - 570.206;
4. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-
110; and
5. Other records necessary to document compliance with Subpart K of 24 CFR
570.
B. Retention
The SUBRECIPIENT shall retain all records pertinent to expenditures under this Agreement
for a period of four (4) years after the termination of all activities funded under this Agreement, or
after the resolution of all Federal audit findings, which ever occurs later.
5
C. Client Data
The SUBRECIPIENT 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 "A", attached hereto and incorporated herein. Any other basis for
determining eligibility must be approved by the GRANTEE in advance in writing, and description of
services provided. Such information shall be made available to GRANTEE monitors or their
designees upon request.
D. Progress Reports
The SUBRECIPIENT shall submit regular Quarterly Progress Reports to the GRANTEE in
the form, content, and frequency as required by the GRANTEE. These shall include but not be
limited to summary of expenditures, list of beneficiaries and a brief narrative of accomplishments.
Beneficiary reports should be submitted on Exhibit "B", attached hereto and incorporated herein
unless an alternative report is approved by GRANTEE in advance in writing.
E. Disclosure
The SUBRECIPIENT 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 the GRANTEE'S or the SUBRECIPIENT'S responsibilities with respect to
services provided under this contract is prohibited by the U.S. Privacy Act of 1974 unless written
consent is obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
F. Property Records
The SUBRECIPIENT shall maintain real property inventory records, which clearly identifies
any properties 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 Parts 570.503(b)(8).
G. Close -Outs
SUBRECIPIENT obligation to the GRANTEE 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 the GRANTEE, and
determining custodianship of records).
H. Audits & Inspections
All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be
made available to the GRANTEE, grantor agency, their designees or the Federal Government. At
6
any time during normal business hours, as often as the GRANTEE 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 the SUBRECIPIENT within thirty (30) days after
receipt by the SUBRECIPIENT. Failure by the SUBRECIPIENT to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in
accordance with current city policy concerning SUBRECIPIENT audits.
7.2. Financial Management
A. Budgets
A detailed contract budget is attached hereto and incorporated herein as Exhibit "C". The
GRANTEE and the SUBRECIPIENT may agree to revise the budget from time to time in
accordance with existing city policies.
B. Program Income
The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR
570.504 generated by activities carried out with CDBG funds made available under this contract.
The use of program income by the SUBRECIPIENT shall comply with requirements set forth in 24
CFR 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the
contract period for activities permitted under this contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused program income
shall be returned to the GRANTEE at the end of the contract period. Any interest earned on cash
advances from the U.S. Treasury is not program income and shall be remitted promptly to the
GRANTEE. Reporting of any such program income shall, at minimum, be included in quarterly
reports under Section VI of this Agreement. Information on program income provided in these
reports will include, but not be limited to, summaries of program income generated; a summary of
expenditures of these funds; and a description of the use of program income sufficient for
determining eligibility of these expenses under CDBG guidelines.
C. Indirect Costs
If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate GRANTEE'S share of administrative costs and shall submit
such plan to the GRANTEE for approval.
D. Payment Procedures
The GRANTEE will pay to the SUBRECIPIENT funds available under this contract based on
information submitted by the SUBRECIPIENT 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 the SUBRECIPIENT, and not to exceed actual cash
requirements. Payments will be adjusted by the GRANTEE in accordance with advance fund and
7
program income balances available under this contract for costs incurred by the GRANTEE on the
behalf of the SUBRECIPIENT.
7.3. Procurement
A. Compliance
All program assets (unexpended advanced funds) shall revert to the GRANTEE upon
termination of this Agreement. The only authorized expenditures of funds shall be travel vouchers or
prepaid bus tickets as described herein.
B. OMB Standards
The SUBRECIPIENT shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
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
The SUBRECIPIENT shall obtain written approval from the GRANTEE for any travel
outside the metropolitan area with funds provided under this contract. The GRANTEE shall
determine that such travel is necessary and reasonable according to applicable standards outlined in
OMB Circular A87.
SECTION VIII:
PERSONNEL & PARTICIPANT CONDITIONS
8.1. Civil Rights
A. Compliance
The SUBRECIPIENT agrees to comply with (city and state civil rights ordinance referenced
here) 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 and 12086.
B. Nondiscrimination
The SUBRECIPIENT 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 the GRANTEE to monitor non-discrimination, the
8
SUBRECIPIENT 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.
The SUBRECIPIENT 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. The SUBRECIPIENT will take affirmative
action to insure 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. The SUBRECIPIENT 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.
C. Compliance with Federal Regulations
The SUBRECIPIENT 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. The
GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this contract.
8.2. Conduct
A. Assignability
The SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the
prior written consent of the GRANTEE.
B. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this
contract, 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.
C. Conflict of Interest
The SUBRECIPIENT understands and agrees to abide by the provisions of 24 CFR 570.611
with respect to conflicts of interest, and covenants that it presently has no financial interest and shall
not acquire any financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required under this Agreement. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer, or elected official of
the GRANTEE, or of any designated public agencies or SUBRECIPIENT which are receiving funds
under the CDBG Entitlement program.
9
D. Subcontracts
1. Approvals
The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in
the performance of this contract without written consent of the GRANTEE prior to the execution of
such Agreement.
2. Monitoring of Subcontractors
The SUBRECIPIENT 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
The SUBRECIPIENT 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
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance of
this agreement shall be awarded on a fair and open competition basis. Executed copies of all
subcontracts shall be forwarded to GRANTEE along with documentation concerning the selection
process.
E. Religious Organization
The SUBRECIPIENT agrees that funds provided under this contract will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious organization in
accordance with the federal regulations specified in 24 CFR 570.200(j).
F. Pending Litigation
The SUBRECIPIENT agrees to inform GRANTEE about any litigation the SUBRECIPIENT
is or becomes in involved in.
G. Background Checks
The SUBRECIPIENT agrees to conduct a criminal background check on all employees
working directly with youth.
10
IN WITNESS WHEREOF, this Agreement is executed on this day of
, 2003.
GRANTEE SUBRECIPIENT
Nyle Maxwell By:
Mayor Title:
ATTEST: ATTEST:
Christine Martinez, Board Chairperson
City Secretary
11
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Exhibit C
Project Budget
Itemize program expenditures below. Only expenditures listed will be reimbursed
unless budget is amended with prior approval. Budgeted items cannot exceed
CDBG program allocation.
14
Description
Budget Amount
Counseling services funded
$3,000.00
Psychiatrist visits funded
750.00
Psychologist visits funded
300.00
Medication funded
1,150.00
Administration cost
800.00
Total:
$6,000.00
14
DATE: November 7, 2003
SUBJECT: City Council Meeting - November 13, 2003
ITEM: *11.G.2. Consider a resolution authorizing the Mayor to execute a
Community Development Block Grant Program Agreement
with Children's Support Coalition for MHMR related services for
$6,000.00.
Resource: Joe Vining, Planning Director
Mona Ryan, Community Development Coordinator
History:
This is the third year of funding for this agency. The Children's
Support Coalition provides gap resources for at risk children.
Resources include medical, legal, education, counseling, tutoring,
and respite services.
Funding:
Cost: $6,000
Source of Funds: Community Development Block Grant
Outside Resources: US Department of Housing and Urban Development
Benefit: This funding will provide counseling, medical, and medication services for
at least 40 children from low and moderate income families who have a
mental health diagnosis.
Public Comment: All requirements for public input were met through the four
hearings held for community needs.
Sponsor: Planning and Community Development Department
Executed
Document
Follows
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -03 -MC -48-0514)
THIS AGREEMENT, entered into this ) 3 day of iVo Y2003 by and between the City of
Round Rock, a Texas home -rule municipality (herein called the "GRANTEE") and Children's
Support Coalition (herein called the "SUBRECIPIENT").
WHEREAS, the GRANTEE 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, the GRANTEE wishes to engage the SUBRECIPIENT to assist the GRANTEE
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 and Beneficiaries
The SUBRECIPIENT will be responsible for administering a Community Development
Block Grant ("CDBG") Year 2003 program in a manner satisfactory to the GRANTEE 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: Mental Health Mental
Retardation. Under this program, the SUBRECIPIENT agrees to provide these services for:
Persons Assisted
Total Unduplicated Persons 34
Total Unduplicated Low to Moderate Income Persons 34
1.2. Level of Accomplishments
In addition to normal administrative services required as part of this Agreement, the
SUBRECIPIENT agrees to provide the households/persons the following program services:
,e_0(3-11-13 -//A:2,
1
Activity
Counseling
# of Weeks
Times Unduplicated
Persons
Equals Units of Service
Psychiatric Visits
4
15
Psychologist Visit
Medication
1
5
60
1
2
1
12
1.3. Staffing
5
2
12
To undertake the activities described above and accomplish the levels of service described
above, the SUBRECIPIENT will allocate staff time in support of the program funded under this
Agreement as follows:
Title
Hrs. per Week 1 11 of Weeks
40 51
Estimated Hours
Timeframe: October 1, 2003 through September 30, 2004 2040
1.4. Performance Monitoring
The GRANTEE will monitor the performance of the SUBRECIPIENT against the goals and
performance standards required herein. Substandard performance as determined by the GRANTEE
will constitute non-compliance with this Agreement. If action to correct such substandard
performance is not taken by the SUBRECIPIENT within thirty (30) days after being notified by the
GRANTEE, contract suspension or termination procedures will be initiated in accordance with
Section VI of this Agreement.
Administrative Director
SECTION II:
TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 1st day of October, 2003 and end on the
30th day of September, 2004. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which the SUBRECIPIENT remains in control
of CDBG funds or other assets including program income.
SECTION III:
PAYMENT
It is expressly agreed the total amount to be paid by the GRANTEE under this contract shall
not exceed $6000.00. Drawdowns for the payment of eligible expenses shall be made against the
line item budgets specified in Exhibit "C", attached hereto and incorporated herein and in accordance
with performance. Expenses for general administration shall also be paid against the line item
budgets specified in Exhibit "C" and in accordance with performance.
2
Payments will be contingent upon certification of the SUBRECIPIENT'S financial
management system in accordance with the standards specified in Attachment A - OMB Circular A-
110, Attachment F to this Agreement.
SECTION IV:
NOTICES
Notices made pursuant to this Agreement shall be
GRANTEE:
Mona Ryan,
Community Development Coordinator
City of Round Rock
301 West Bagdad, Suite 140
Round Rock, Texas 78664
directed to the following representatives:
SUBRECIPIENT:
Children's Support Coalition
Rosemary Lee, Administrative Director
211 Commerce, Ste. 105
Round Rock, TX 78664
SECTION V:
SPECIAL CONDITIONS
The SUBRECIPIENT shall agree 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 (CDBG) and all federal regulations and policies issued
pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
SECTION VI:
GENERAL CONDITIONS
6.1. General Compliance
The SUBRECIPIENT agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Agreement.
6.2. Independent Contract
It is understood and agreed that SUBRECIPEINT is an independent contractor and shall not
be considered an employee of the GRANTEE. SUBPRICIPIENT shall not be within protection or
coverage of the GRANTEE'S Workers' Compensation insurance, Health Insurance, Liability
Insurance or any other Insurance that the GRANTEE from time to time may have in force and effect.
6.3. Hold Harmless
The SUBRECIPIENT shall indemnify, save harmless and exempt the GRANTEE, 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
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work done as result of this Agreement and arising out of a willful or negligent act or omission of the
SUBRECIPIENT, its officers, agents, servants, and employees ; provided, however, that the
SUBRECIPIENT 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 the
GRANTEE, its officers, agents, servants and employees, or third parties.
6.4. Amendments
The term and conditions of this Agreement, including the attachments listed below, constitute
the entire agreement between the parties and superseded all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof. No
modification or amendment of this Agreement will be binding on either party unless acknowledged
in written by their duly authorized representatives.
Attachments:
a. Exhibit A — Client Data Form
b. Exhibit B — Beneficiary Report Form
c. Exhibit C — Project Budget
d. Appendix A — OMB Circular A-110
e. Appendix B — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
f. Appendix C — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration
g. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Other Program
Requirements
6.5. Suspension or Termination
Either party may terminate this Agreement at any time by giving written notice to the other
party of such termination and specifying the effective date thereof at least 30 days before the
effective date of such termination. Partial terminations of the Scope of Service in Paragraph 1.1.
above may only be undertaken with the prior approval of the GRANTEE. In the event of any
termination for convenience, all finished or unfinished documents, data, reports or other materials
prepared by SUBRECIPIENT under this Agreement shall, at the option of the GRANTEE, become
property of the GRANTEE.
The GRANTEE may also suspend or terminate this Agreement, in whole or in part, if the
SUBRECIPIENT materially fails to comply with any term of this Agreement, or with any of the
rules, regulations, or provisions referred to herein; and the GRANTEE may declare the
SUBRECIPIENT ineligible for any further participation in GREANTEE contracts, in addition to
other remedies as provided by law. Should the SUBRICIPIENT fail to cure or correct such defects
or failures identified by the GRANTEE within the 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, the
GRANTEE may seek reimbursement of all funds from the GRANTEE to the SUBRECIPIENT under
this Agreement.
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SUBRECIPIENT shall not be relieved of the liability to the GRANTEE for damages
sustained by the GRANTEE by virtue of any breach of this Agreement by SUBRECIPIENT and the
GRANTEE may withhold any payments to the SUBRECIPIENT for the purpose as set out and until
such time as the exact amount of damages due the GRANTEE from the SUBRECIPIENT is
determined. Should the GRANTEE become aware of any activity by the SUBRECIPIENT which
would jeopardize the GRANTEE'S position with HUD which would cause a payback of CDBG
funds or other GRANTEE federal funds then the GRANTEE may take appropriate action including
injunctive relief against SUBRECIPIENT to prevent the transaction as aforesaid. The failure of the
GRANTEE to exercise this right shall in no way constitute a waiver by the GRANTEE to demand
payment or seek any other relief in law or in equity to which it may be justly entitled.
6.6. Reversion of Assets
Pursuant to 24 CFR 570.503, SUBRECIPIENT agrees that should it discontinue the services as
provided for herein, then all unexpended CDBG funds shall be returned within ten (10) days to the
GRANTEE. The funds remaining will be appropriated to eligible CDBG activities in keeping with
the GRANTEE'S budgetary process.
SECTION VII:
ADMINISTRATIVE REQUIREMENTS
7.1. Records and Reports
A. Recordkeeping
The SUBRECIPIENT shall maintain all records required by the federal regulations specified
in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement.
Such records shall include, but 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 Part 570.208;
3. Records required to determine the eligibility of activities under 24 CFR Part
570.201 - 570.206;
4. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-
110; and
5. Other records necessary to document compliance with Subpart K of 24 CFR
570.
B. Retention
The SUBRECIPIENT shall retain all records pertinent to expenditures under this Agreement
for a period of four (4) years after the termination of all activities funded under this Agreement, or
after the resolution of all Federal audit findings, which ever occurs later.
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C. Client Data
The SUBRECIPIENT 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 "A", attached hereto and incorporated herein. Any other basis for
determining eligibility must be approved by the GRANTEE in advance in writing, and description of
services provided. Such information shall be made available to GRANTEE monitors or their
designees upon request.
D. Progress Reports
The SUBRECIPIENT shall submit regular Quarterly Progress Reports to the GRANTEE in
the form, content, and frequency as required by the GRANTEE. These shall include but not be
limited to summary of expenditures, list of beneficiaries and a brief narrative of accomplishments.
Beneficiary reports should be submitted on Exhibit "B", attached hereto and incorporated herein
unless an alternative report is approved by GRANTEE in advance in writing.
E. Disclosure
The SUBRECIPIENT 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 the GRANTEE'S or the SUBRECIPIENT'S responsibilities with respect to
services provided under this contract is prohibited by the U.S. Privacy Act of 1974 unless written
consent is obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
F. Property Records
The SUBRECIPIENT shall maintain real property inventory records, which clearly identifies
any properties 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 Parts 570.503(b)(8).
G. Close -Outs
SUBRECIPIENT obligation to the GRANTEE 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 the GRANTEE, and
determining custodianship of records).
H. Audits & Inspections
All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be
made available to the GRANTEE, grantor agency, their designees or the Federal Government. At
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any time during normal business hours, as often as the GRANTEE 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 the SUBRECIPIENT within thirty (30) days after
receipt by the SUBRECIPIENT. Failure by the SUBRECIPIENT to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in
accordance with current city policy concerning SUBRECIPIENT audits.
7.2. Financial Management
A. Budgets
A detailed contract budget is attached hereto and incorporated herein as Exhibit "C". The
GRANTEE and the SUBRECIPIENT may agree to revise the budget from time to time in
accordance with existing city policies.
B. Program Income
The SUBRECIPIENT shall report quarterly all program income as defined at 24 CFR
570.504 generated by activities carried out with CDBG funds made available under this contract.
The use of program income by the SUBRECIPIENT shall comply with requirements set forth in 24
CFR 570.504. By way of further limitations, the SUBRECIPIENT may use such income during the
contract period for activities permitted under this contract and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused program income
shall be returned to the GRANTEE at the end of the contract period. Any interest earned on cash
advances from the U.S. Treasury is not program income and shall be remitted promptly to the
GRANTEE. Reporting of any such program income shall, at minimum, be included in quarterly
reports under Section VI of this Agreement. Information on program income provided in these
reports will include, but not be limited to, summaries of program income generated; a summary of
expenditures of these funds; and a description of the use of program income sufficient for
determining eligibility of these expenses under CDBG guidelines.
C. Indirect Costs
If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation
plan for determining the appropriate GRANTEE'S share of administrative costs and shall submit
such plan to the GRANTEE for approval.
D. Payment Procedures
The GRANTEE will pay to the SUBRECIPIENT funds available under this contract based on
information submitted by the SUBRECIPIENT 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 the SUBRECIPIENT, and not to exceed actual cash
requirements. Payments will be adjusted by the GRANTEE in accordance with advance fund and
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program income balances available under this contract for costs incurred by the GRANTEE on the
behalf of the SUBRECIPIENT.
7.3. Procurement
A. Compliance
All program assets (unexpended advanced funds) shall revert to the GRANTEE upon
termination of this Agreement. The only authorized expenditures of funds shall be travel vouchers or
prepaid bus tickets as described herein.
B. OMB Standards
The SUBRECIPIENT shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall subsequently follow
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
The SUBRECIPIENT shall obtain written approval from the GRANTEE for any travel
outside the metropolitan area with funds provided under this contract. The GRANTEE shall
determine that such travel is necessary and reasonable according to applicable standards outlined in
OMB Circular A87.
SECTION VIII:
PERSONNEL & PARTICIPANT CONDITIONS
8.1. Civil Rights
A. Compliance
The SUBRECIPIENT agrees to comply with (city and state civil rights ordinance referenced
here) 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 and 12086.
B. Nondiscrimination
The SUBRECIPIENT 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 the GRANTEE to monitor non-discrimination, the
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SUBRECIPIENT 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.
The SUBRECIPIENT 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. The SUBRECIPIENT will take affirmative
action to insure 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. The SUBRECIPIENT 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.
C. Compliance with Federal Regulations
The SUBRECIPIENT 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. The
GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this contract.
8.2. Conduct
A. Assignability
The SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the
prior written consent of the GRANTEE.
B. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this
contract, 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.
C. Conflict of Interest
The SUBRECIPIENT understands and agrees to abide by the provisions of 24 CFR 570.611
with respect to conflicts of interest, and covenants that it presently has no financial interest and shall
not acquire any financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services required under this Agreement. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer, or elected official of
the GRANTEE, or of any designated public agencies or SUBRECIPIENT which are receiving funds
under the CDBG Entitlement program.
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D. Subcontracts
1. Approvals
The SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in
the performance of this contract without written consent of the GRANTEE prior to the execution of
such Agreement.
2. Monitoring of Subcontractors
The SUBRECIPIENT 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
The SUBRECIPIENT 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
The SUBRECIPIENT shall undertake to insure that all subcontracts let in the performance of
this agreement shall be awarded on a fair and open competition basis. Executed copies of all
subcontracts shall be forwarded to GRANTEE along with documentation concerning the selection
process.
E. Religious Organization
The SUBRECIPIENT agrees that funds provided under this contract will not be utilized for
religious activities, to promote religious interests, or for the benefit of a religious organization in
accordance with the federal regulations specified in 24 CFR 570.200(j).
F. Pending Litigation
The SUBRECIPIENT agrees to inform GRANTEE about any litigation the SUBRECIPIENT
is or becomes in involved in.
G. Background Checks
The SUBRECIPIENT agrees to conduct a criminal background check on all employees
working directly with youth.
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IN WITNESS WHEREOF, this Agreement is executed on this
DeLLIM8Ek, 2003.
SUBRECIPIENT
Christine Martinez,
City Secretary
g
— day of
//'
By: f'2,
Title: Cihu:rn��i
ATTEST:
BoaKChairperson
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Exhibit A
Client Data
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Exhibit B
Beneficiary Data
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Exhibit C
Project Budget
Itemize program expenditures below. Only expenditures listed will be reimbursed
unless budget is amended with prior approval. Budgeted items cannot exceed
CDBG program allocation.
Description
Counseling services funded
Budget Amount
Psychiatrist visits funded
$3,000.00
Psychologist visits funded
Medication funded
Administration cost
750.00
300.00
1,150.00
800.00
Total:
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$6,000.00