R-07-02-08-11F5 - 2/8/2007RESOLUTION NO. R -07-02-08-11F5
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 Williamson -Burnet
County Opportunities to assist the City in utilizing said funds, and
WHEREAS, the City Council desires to enter into a Community
Development Block Grant Agreement with Williamson -Burnet County
Opportunities for child care scholarships for Head Start and at -risk
children, 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
Williamson -Burnet County Opportunities for child care scholarships for
Head Start and at -risk children, 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,
Resolution
hour, place and subject of the meeting at which this
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
upon, all as required by the Open Meetings
Government Code, as amended.
RESOLVED this 8th day of February,
ATIy_t•
acted
Act, Chapter 551, Texas
N ri'r W
L, May. "- ---
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
0:\wdox\RESOLUTI\R70208F5.WPD/imc
ary
THE STATE OF TEXAS •
COUNTY OF WILLIAMSON •
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -06 -MC -48-0514)
THIS AGREEMENT, entered into this day of
City of Round Rock, a Texas home -rule municipality , 2007 by and between the
Burnet County Opportunities (herein called "WBCO").erin called the "CITY") and Williamson
WHEREAS, the 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, the CITY wishes to engage WBCO to assist the 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
WBCO will be responsible for administering a Community Development Block Grant
("CDBG") Year 2005 program known as the After School and Summer Care program in a
manner satisfactory to the 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 1: Provide after school care for six children in the Head Start program from
3:30 p.m. until 6:00 p.m. for nine months
Activity 2: Provide full time care for six children in the Head Start program for three
months during the summer.
2006-07 WBCO Childcare (00092623).DOC
EXHIBIT
b
a
a "An
General Administration
Administration services, including but not limited to providing a structured care
environment, and teaching language and social skills. Quarterly reporting will be submitted by
central office staff.
1.2 National Objectives
WBCO certifies that the activity carried out under this Agreement shall meet the national
objective to benefit low and moderate income families.
1.3. Levels of Accomplishment — Goals and Performance Measures
In addition to normal administrative services required as part of this Agreement, WBCO
agrees to provide the following program services:
Activity
Childcare
Units of Service Per Month
6
Total Units per Year
Units of Service shall be defined as one child.
1.4. Staffing
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To undertake the activity described above and accomplish the levels of service described
above, WBCO will allocate staff time in support of the program funded under this Agreement as
follows:
TitleHrs. per Week # of Weeks
After School Teacher I 15
36
Timeframe: October 1, 2006 through September 30, 2007
I Title Hrs. per Week# of Weeks
Summer Care Teacher 1 50
I 12
Timeframe: June 1, 2007 through August 30, 2007
Estimated Hours
540
Estimated Hours
600
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of the CITY.
1.5. Performance Monitorin
The CITY will monitor the performance of WBCO against the goals and performance
standards required herein. Substandard performance as determined by the CITY will constitute
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noncompliance with this Agreement. If action to correct such substandard performance is not
taken by WBCO within thirty (30) days after being notified by the CITY, contract suspension or
termination procedures will be initiated in accordance with Section V II of this Agreement.
SECTION II:
TIME OF PERFORMANCE
Services of WBCO shall start on the 1st day of October, 2006 and end on the 30th day
of September, 2007. The term of this Agreement and the provisions herein shall be extended to
cover any additional time period during which WBCO remains in control of CDBG funds or
other assets including program income.
SECTION III:
BUDGET
Line Item Amount
After School Care (9 mo) @ $70/wk X six $15,120
children
Full time Summer Care (3mo) @ $125/wk X $9,000
six children
Total Budget $24,120
CDBG Funds $21,671
Other Funds $2,449
Any indirect costs charged must be consistent with the conditions of Paragraph 8.2 (C) of
this Agreement. In addition, CITY may require a more detailed budget breakdown than the one
contained herein, and WBCO shall provide such supplementary budget information in a timely
fashion in the form and content prescribed by CITY.
SECTION IV:
PAYMENT
It is expressly agreed the total amount to be paid by the CITY under this Agreement shall
not exceed $21,671.00. Drawdowns for the payment of eligible expenses shall be made against
the line item budgets provided above and incorporated herein and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets
provided above and in accordance with performance.
Payments will be contingent upon certification of WBCO's financial management system
in accordance with the standards specified in Appendix A to this Agreement.
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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 delivery or 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:
Mona Ryan,
Community Develo
Cit of Round Rock
1
ment Coordinator
301 West Ba dad, Suite 140
Round Rock, Texas 78664
Tele shone: 512-218-5416
Fax: 512-341-3152
e-mail: mom @round -rock tx us
WBCO:
Williamson Burnet County Opportunities
Andrew Shell
Executive Director
PO Box 740
Georgetown TX 78627-0740
Tele Shone: 763-1400
Fax: 763-1411
e-mail: ashell@wbco.net;
bfitz atrick ' wbco.net
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SECTION VI:
SPECIAL CONDITIONS
WBCO 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. WBCO further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
WBCO agrees to comply with all applicable federal, state and local laws, regulations and
policies governing the funds provided under this Agreement.
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7.2. Independent Contractor
It is understood and agreed that WBCO is an independent contractor and shall not be
considered an employee of the CITY. WBCO shall at all times remain an independent contractor
with respect to the services to be performed under this Agreement. The CITY shall be exempt
from payment of all unemployment compensation, FICA and retirement benefits, as WBCO is an
independent contractor. WBCO shall not be within protection or coverage of the CITY'S
Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance
that the CITY from time to time may have in force and effect.
7.3. Hold Harmless
WBCO shall indemnify, save harmless and exempt the 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 WBCO,
its officers, agents, servants, and employees; provided, however, that WBCO 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 CITY, its officers, agents, servants and
employees, or third parties.
7.4. Worker's Compensation
WBCO shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
7.5. Insurance and Bonding
WBCO 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 the CITY.
7.6. Amendments
The terms and conditions of this Agreement, including the attachments listed below,
constitute the entire agreement between the parties and supersedes all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof.
No modification or amendment to this Agreement will be binding on either party unless
acknowledged in writing by their duly authorized representatives.
Attachments:
a. Exhibit A — Self Certification Form
b. Exhibit B — Client Data / Beneficiary Report Form
c. Appendix A — OMB Circular A-122, Cost Principles for Non -Profit Organizations
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d. Appendix B — OMB Circular A-133, Audits of States, Local Governments, and
Non -Profit Organizations
e. Appendix C — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
f.
Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration
g• Appendix E — 24 CFR 570 CDBG Regulations Subpart K, Other Requirements
7.7. 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 thirty (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 CITY. In the event
of any termination for convenience, all finished or unfinished documents, data, reports or other
materials prepared by WBCO under this Agreement shall, at the option of the CITY, become
property of the CITY.
The CITY may also suspend or terminate this Agreement, in whole or in part, if WBCO
materially fails to comply with any term of this Agreement, which 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 WBCO 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 WBCO to the CITY reports that are incorrect or incomplete in any
material respect.
The CITY may declare WBCO ineligible for any further participation in CITY contracts,
in addition to other remedies as provided by law. Should WBCO fail to cure or correct such
defects or failures identified by the 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, the CITY may seek reimbursement of all funds from the CITY to
WBCO under this Agreement.
WBCO shall not be relieved of the liability to the CITY for damages sustained by the
CITY by virtue of any breach of this Agreement by WBCO and the CITY may withhold any
payments to WBCO for the purpose as set out and until such time as the exact amount of
damages due the CITY from the WBCO is determined. Should the CITY become aware of any
activity by WBCO which would jeopardize the CITY's position with HUD which would cause a
payback of CDBG funds or other CITY federal funds then the CITY may take appropriate action
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including injunctive relief against WBCO to prevent the transaction as aforesaid. The failure of
the CITY to exercise this right shall in no way constitute a waiver by the 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
WBCO agrees to inform CITY about any litigation the WBCO is or becomes in involved
in.
7.9. Background Checks
WBCO agrees to conduct a criminal background check on all employees working
directly with youth.
SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
WBCO 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
WBCO shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational 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
WBCO 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 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 Part 570.208;
3. Records required to determine the eligibility of activities under 24 CFR
Part 570.201 - 570.206;
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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
WBCO shall retain all financial records, supporting documents, statistical records and all
other records pertinent to this Agreement for a period of four (4)
years
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activities funded under this Agreement. Notwithstanding the above, if herelis litigation, laims,
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 four-year period, which ever
occurs later.
C. Client Data
WBCO 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 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
WBCO 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 CITY's or WBCO'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.
E. Close -Outs
WBCO's obligation to the 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 the
CITY), and determining custodianship of records. Not withstanding the foregoing, the terms of
this Agreement shall remain in effect during any period that WBCO has control over CDBG
funds, including program income.
F. Audits & Inspections
All WBCO's records with respect to any matters covered by this Agreement shall be
made available to the CITY, grantor agency, their designees or the Federal Government, at any
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time during normal business hours, as often as the 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 WBCO within thirty (30) days after receipt by WBCO.
Failure of WBCO to comply with the above audit requirements will constitute a violation of this
contract and may result in the withholding of future payments. WBCO hereby agrees to have an
annual agency audit conducted in accordance with current CITY policy concerning WBCO's
audits and OMB Circular A-133, attached hereto as Appendix B.
8.3. Reporting and Payment Procedures
A. Program Income
WBCO 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 WBCO shall comply with requirements set forth in 24 CFR 570.504. By
way of further limitations, WBCO 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
CITY 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 CITY. Reporting of any
such program income shall, at minimum, be included in quarterly reports under Section VIII 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.
B. Indirect Costs
If indirect costs are charged, WBCO will develop an indirect cost allocation plan for
determining the appropriate WBCO's share of administrative costs and shall submit such plan to
the CITY for approval.
C. Payment Procedures
The CITY will pay to WBCO funds available under this Agreement based on information
submitted by WBCO 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 WBCO, and not to exceed actual cash requirements. Payments will be
adjusted by the CITY in accordance with advance fund and program income balances available
under this contract for costs incurred by the CITY on the behalf of WBCO.
D. Progress Reports
WBCO shall submit regular Quarterly Progress Reports to the CITY in the form,
content, and frequency as required by the CITY. These shall include but not be limited to
summary of expenditures, list of beneficiaries and a brief narrative of accomplishments.
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Beneficiary reports should be submitted on Exhibit "B", attached hereto and incorporated herein
unless an alternative report is approved by CITY in advance and in writing.
E. Budgets
The CITY and the WBCO 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 the CITY and WBCO.
8.4. Procurement
A. Compliance
WBCO 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). All program assets (unexpended advanced
funds) shall revert to the CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be food and supplies as described herein.
B. OMB Standards
WBCO 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
WBCO shall obtain written approval from the CITY for any travel outside the
metropolitan area with funds provided under this Agreement. The 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. WBCO agrees that should it discontinue the services as provided for herein, then
WBCO shall transfer to the CITY all unexpended CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement within ten (10) days from the
time of expiration, cancellation, or termination of services. The funds remaining will be
appropriated to eligible CDBG activities in keeping with the CITY's budgetary process.
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B. Real property under WBCO'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 WBCO fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, WBCO shall pay the 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 the CITY. WBCO 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 WBCO for activities under this Agreement shall be (a) transferred to the CITY for the
CDBG program or (b) retained after compensating the 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.
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. WBCO 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)
WBCO shall provide relocation assistance to displaced governingpersons as optional relocation policies.
570.606(b)(2) that are displaced as a direct result of acquisition, rehabiltatiion, demolned by ition CFR or
conversion for a CDBG-assisted project. WBCO 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
WBCO 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
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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
WBCO 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 CITY to monitor non-discrimination, WBCO
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.
WBCO 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. WBCO 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. WBCO 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. 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, WBCO 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
the CITY and the United States are beneficiaries of and entitled to enforce such covenants.
WBCO, 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
WBCO 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 CITY
shall provide WBCO with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
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10.2. Affirmative Action
A. Approved Plan
WBCO agrees that it shall be committed to carry out pursuant to the CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
Presidents Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative
Action guidelines to WBCO to assist in the formulation of such program. WBCO 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)
WBCO 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 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. WBCO
may relay on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
C. Access to Records
WBCO 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 the
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
WBCO 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 WBCO'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
WBCO will, in all solicitations or advertisements for employees placed by or on behalf of
WBCO, state that it is an Equal Opportunity or Affirmative Action employer.
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F. Subcontract Provisions
WBCO 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
WBCO 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.
B. Labor Standards
WBCO 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.
WBCO 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. WBCO shall
maintain documentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the CITY for review upon request.
WBCO 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 the 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 WBCO of its obligation, if any, to require payment of the higher wage.
WBCO 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 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 the CITY, WBCO
and any of WBCO's subcontractors. Failure to fulfill these requirements shall subject the CITY,
14
WBCO and any of WBCO's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. WBCO certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
WBCO further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"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."
WBCO 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.
WBCO certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
2. Notifications
WBCO 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.
15
3. Subcontracts
WBCO 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. WBCO 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.
10.4. Conduct
A. Assignability
WBCO shall not assign or transfer any interest in this Agreement without the prior
written consent of the CITY.
B. Subcontracts
1. Approvals
WBCO shall not enter into any subcontracts with any agency or individual in the
performance of this contract without written consent of the CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
WBCO 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
WBCO 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
WBCO shall undertake to insure 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 the CITY along with
documentation concerning the selection process.
16
C. Hatch Act
WBCO 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
WBCO 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:
1. WBCO 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 WBCO 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 the CITY, WBCO or
any designated public agencies which are receiving funds under the CDBG Entitlement program.
E. Lob_ b
WBCO 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 funs 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
17
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:
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, the 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
WBCO 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
WBCO 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
18
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), WBCO shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood 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
WBCO 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
WBCO 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:
SEVARABILITY
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.
19
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.
SECTION XIV:
WAIVER
14.1. The CITY's failure to act with respect to a breach by WBCO does not waive its right to
act with respect to subsequent or similar breaches. The failure of the 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 as of the date first written above.
Approved as to form:
Steph
L
L. Sheets, City Attorney
CITY:
City of Round Rock
NYLE MAXWELL, Mayor
ATTEST:
CHRISTINE R. MARTINEZ
City Secretary
WBCO:
Williamson Burnet County Opportunities
Name: u�3�
Title:.per � ,c VA hotto
20
DATE: February 1, 2007
SUBJECT: City Council Meeting - February 8, 2007
ITEM: *11.F.5. Consider a resolution authorizing the Mayor to execute a
Community Development Block Grant funding agreement for
$21,671 with Williamson Burnet Counties Opportunities (WBCO)
for childcare scholarships for Head Start and at -risk children.
Department: Planning and Community Development
Staff Person: Mona Ryan, Community Development Coordinator
Justification:
Low and very low-income families will have new access to childcare services.
Funding:
Cost: $21,671
Source of funds: Community Development Block Grant
Outside Resources: N/A
Background Information:
WBCO will provide new after school care and full time summer care scholarships to six
children of very low income families at the Head Start facility on Brown Street in Round
Rock. The cost for this care is $70 per week per child for the after school care program and
$125 per week per child for the full time summer care program.
Public Comment:
All public notice and hearing requirements throughout the development of the action plan
have been complied with by the City and the US Department of Housing and Urban
Development and are available for review.
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS •
COUNTY OF WILLIAMSON •
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
(B -06 -MC -48-0514)
THIS AGREEMENT, entered into this 0 —day of _Q �j.
2007 by and between the
City of Round Rock, a Texas home -rule municipality (herein called the "CITY") and Williamson
Burnet County Opportunities (herein called "WBCO").
WHEREAS, the 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
funds;
WHEREAS, the CITY wishes to engage WBCO to assist the CITY in utilizing such
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
WBCO will be responsible for administering a Community Development Block Grant
("CDBG") Year 2005 program known as the After School and Summer Care program in a
manner satisfactory to the 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 1: Provide after school care for six children in the Head Start program from
3:30 p.m. until 6:00 p.m. for nine months
Activity 2: Provide full time care for six children in the Head Start program for three
months during the summer.
R o'�-oa-o8-/1r
2006-07 WBCO Childcare (00092623).DOC
General Administration
Administration services, including but not limited to providing a structured care
environment, and teaching language and social skills. Quarterly reporting will be submitted by
central office staff.
1.2 National Objectives
WBCO certifies that the activity carried out under this Agreement shall meet the national
objective to benefit low and moderate income families.
1.3. Levels of Accomplishment — Goals and Performance Measures
In addition to normal administrative services required as part of this Agreement, WBCO
agrees to provide the following program services:
Activity
Units of Service Per Month
Total Units per Year
Childcare
6
Units of Service shall be defined as one child.
1.4. Staffing
72
To undertake the activity described above and accomplish the levels of service described
above, WBCO will allocate staff time in support of the program funded under this Agreement as
follows:
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of the CITY.
1.5. Performance Monitoring
The CITY will monitor the performance of WBCO against the goals and performance
standards required herein. Substandard performance as determined by the CITY will constitute
2
Title
Hrs. per Week
I l
# of Weeks
=
Estimated Hours
After School Teacher
15
36
=
540
Timeframe: Octnher 1
. �nnA thr.-1, co,..4.o.....1.,._ ,)n .,nn,
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of the CITY.
1.5. Performance Monitoring
The CITY will monitor the performance of WBCO against the goals and performance
standards required herein. Substandard performance as determined by the CITY will constitute
2
Title
Hrs. per Week
# of Weeks
=
Estimated Hours
Summer Care Teacher
50
12
=
600
Timeframe: June 1 _ 7nm rh,-n„Rh e,,.,,,�+ '2n ,Inn -7
Any changes in the key personnel assigned or their general responsibilities under this program
are subject to the prior approval of the CITY.
1.5. Performance Monitoring
The CITY will monitor the performance of WBCO against the goals and performance
standards required herein. Substandard performance as determined by the CITY will constitute
2
noncompliance with this Agreement. If action to correct such substandard performance is not
taken by WBCO within thirty (30) days after being notified by the CITY, contract suspension or
termination procedures will be initiated in accordance with Section V II of this Agreement.
SECTION II:
TIME OF PERFORMANCE
Services of WBCO shall start on the 1st day of October, 2006 and end on the 30th day
of September, 2007. The term of this Agreement and the provisions herein shall be extended to
cover any additional time period during which WBCO remains in control of CDBG funds or
other assets including program income.
SECTION III:
BUDGET
Line Item Amount
After School Care (9 mo) @ $70/wk X six $15,120
children
Full time Summer Care (3mo) @ $125/wk X $9,000
six children
Total Budget $24,120
CDBG Funds $21,671
Other Funds $2,449
Any indirect costs charged must be consistent with the conditions of Paragraph 8.2 (C) of
this Agreement. In addition, CITY may require a more detailed budget breakdown than the one
contained herein, and WBCO shall provide such supplementary budget information in a timely
fashion in the form and content prescribed by CITY.
SECTION IV:
PAYMENT
It is expressly agreed the total amount to be paid by the CITY under this Agreement shall
not exceed $21,671.00. Drawdowns for the payment of eligible expenses shall be made against
the line item budgets provided above and incorporated herein and in accordance with
performance. Expenses for general administration shall also be paid against the line item budgets
provided above and in accordance with performance.
Payments will be contingent upon certification of WBCO's financial management system
in accordance with the standards specified in Appendix A to this Agreement.
3
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 delivery or 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:
Mona Ryan,
Community Development Coordinator
City of Round Rock
WBCO:
Williamson Burnet County Opportunities
Andrew Shell
301 West Bagdad, Suite 140
Round Rock, Texas 78664
Telephone: 512-218-5416
Fax: 512-341-3152
e-mail: mona@round-rock.tx.us
Executive Director
PO Box 740
Georgetown TX 78627-0740
Telephone: 763-1400
Fax: 763-1411
e-mail: ashell@wbco.net;
bfitzpatrick@wbco.net
SECTION VI:
SPECIAL CONDITIONS
WBCO 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. WBCO further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
SECTION VII:
GENERAL CONDITIONS
7.1. General Compliance
WBCO agrees to comply with all applicable federal, state and local laws, regulations and
policies governing the funds provided under this Agreement.
4
7.2. Independent Contractor
It is understood and agreed that WBCO is an independent contractor and shall not be
considered an employee of the CITY. WBCO shall at all times remain an independent contractor
with respect to the services to be performed under this Agreement. The CITY shall be exempt
from payment of all unemployment compensation, FICA and retirement benefits, as WBCO is an
independent contractor. WBCO shall not be within protection or coverage of the CITY'S
Workers' Compensation insurance, Health Insurance, Liability Insurance or any other Insurance
that the CITY from time to time may have in force and effect.
7.3. Hold Harmless
WBCO shall indemnify, save harmless and exempt the 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 WBCO,
its officers, agents, servants, and employees; provided, however, that WBCO 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 CITY, its officers, agents, servants and
employees, or third parties.
7.4. Worker's Compensation
WBCO shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
7.5. Insurance and Bonding
WBCO 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 the CITY.
7.6. Amendments
The terms and conditions of this Agreement, including the attachments listed below,
constitute the entire agreement between the parties and supersedes all previous communications,
representations, or agreements, either written or oral, with respect to the subject matter hereof.
No modification or amendment to this Agreement will be binding on either party unless
acknowledged in writing by their duly authorized representatives.
Attachments:
a. Exhibit A — Self Certification Form
b. Exhibit B — Client Data / Beneficiary Report Form
c. Appendix A — OMB Circular A-122, Cost Principles for Non -Profit Organizations
5
d. Appendix B — OMB Circular A-133, Audits of States, Local Governments, and
Non -Profit Organizations
e. Appendix C — 24 CFR 570 CDBG Regulations Subpart C, Eligible Activities
f. Appendix D — 24 CFR 570 CDBG Regulations Subpart J, Grant Administration
g. Appendix E — 24 CFR 570 CDBG Regulations Subpart K, Other Requirements
7.7. 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 thirty (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 CITY. In the event
of any termination for convenience, all finished or unfinished documents, data, reports or other
materials prepared by WBCO under this Agreement shall, at the option of the CITY, become
property of the CITY.
The CITY may also suspend or terminate this Agreement, in whole or in part, if WBCO
materially fails to comply with any term of this Agreement, which 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 WBCO 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 WBCO to the CITY reports that are incorrect or incomplete in any
material respect.
The CITY may declare WBCO ineligible for any further participation in CITY contracts,
in addition to other remedies as provided by law. Should WBCO fail to cure or correct such
defects or failures identified by the 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, the CITY may seek reimbursement of all funds from the CITY to
WBCO under this Agreement.
WBCO shall not be relieved of the liability to the CITY for damages sustained by the
CITY by virtue of any breach of this Agreement by WBCO and the CITY may withhold any
payments to WBCO for the purpose as set out and until such time as the exact amount of
damages due the CITY from the WBCO is determined. Should the CITY become aware of any
activity by WBCO which would jeopardize the CITY's position with HUD which would cause a
payback of CDBG funds or other CITY federal funds then the CITY may take appropriate action
6
including injunctive relief against WBCO to prevent the transaction as aforesaid. The failure of
the CITY to exercise this right shall in no way constitute a waiver by the 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
in.
WBCO agrees to inform CITY about any litigation the WBCO is or becomes in involved
7.9. Background Checks
WBCO agrees to conduct a criminal background check on all employees working
directly with youth.
SECTION VIII:
ADMINISTRATIVE REQUIREMENTS
8.1. Financial Management
A. Accounting Standards
WBCO 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
WBCO shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational 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
WBCO 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 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 Part 570.208;
3. Records required to determine the eligibility of activities under 24 CFR
Part 570.201 - 570.206;
7
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
WBCO shall retain all financial records, supporting documents, statistical records and all
other records pertinent to this Agreement for a period of four (4) 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 four-year period, which ever
occurs later.
C. Client Data
WBCO 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 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
WBCO 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 CITY's or WBCO'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.
E. Close -Outs
WBCO's obligation to the 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 the
CITY), and determining custodianship of records. Not withstanding the foregoing, the terms of
this Agreement shall remain in effect during any period that WBCO has control over CDBG
funds, including program income.
F. Audits & Inspections
All WBCO's records with respect to any matters covered by this Agreement shall be
made available to the CITY, grantor agency, their designees or the Federal Government, at any
8
time during normal business hours, as often as the 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 WBCO within thirty (30) days after receipt by WBCO.
Failure of WBCO to comply with the above audit requirements will constitute a violation of this
contract and may result in the withholding of future payments. WBCO hereby agrees to have an
annual agency audit conducted in accordance with current CITY policy concerning WBCO's
audits and OMB Circular A-133, attached hereto as Appendix B.
8.3. Reporting and Payment Procedures
A. Program Income
WBCO 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 WBCO shall comply with requirements set forth in 24 CFR 570.504. By
way of further limitations, WBCO 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
CITY 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 CITY. Reporting of any
such program income shall, at minimum, be included in quarterly reports under Section VIII 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.
B. Indirect Costs
If indirect costs are charged, WBCO will develop an indirect cost allocation plan for
determining the appropriate WBCO's share of administrative costs and shall submit such plan to
the CITY for approval.
C. Payment Procedures
The CITY will pay to WBCO funds available under this Agreement based on information
submitted by WBCO 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 WBCO, and not to exceed actual cash requirements. Payments will be
adjusted by the CITY in accordance with advance fund and program income balances available
under this contract for costs incurred by the CITY on the behalf of WBCO.
D. Progress Reports
WBCO shall submit regular Quarterly Progress Reports to the CITY in the form,
content, and frequency as required by the CITY. These shall include but not be limited to
summary of expenditures, list of beneficiaries and a brief narrative of accomplishments.
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Beneficiary reports should be submitted on Exhibit "B", attached hereto and incorporated herein
unless an alternative report is approved by CITY in advance and in writing.
E. Budgets
The CITY and the WBCO 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 the CITY and WBCO.
8.4. Procurement
A. Compliance
WBCO 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). All program assets (unexpended advanced
funds) shall revert to the CITY upon termination of this Agreement. The only authorized
expenditures of funds shall be food and supplies as described herein.
B. OMB Standards
WBCO 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
WBCO shall obtain written approval from the CITY for any travel outside the
metropolitan area with funds provided under this Agreement. The 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. WBCO agrees that should it discontinue the services as provided for herein, then
WBCO shall transfer to the CITY all unexpended CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement within ten (10) days from the
time of expiration, cancellation, or termination of services. The funds remaining will be
appropriated to eligible CDBG activities in keeping with the CITY's budgetary process.
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B. Real property under WBCO'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 WBCO fails to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, WBCO shall pay the 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 the CITY. WBCO 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 WBCO for activities under this Agreement shall be (a) transferred to the CITY for the
CDBG program or (b) retained after compensating the 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.
SECTION IX:
RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
9.1. WBCO 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.
WBCO 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. WBCO 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
WBCO 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
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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
WBCO 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 CITY to monitor non-discrimination, WBCO
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.
WBCO 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. WBCO 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. WBCO 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. 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, WBCO 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
the CITY and the United States are beneficiaries of and entitled to enforce such covenants.
WBCO, 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
WBCO 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 CITY
shall provide WBCO with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
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10.2. Affirmative Action
A. Approved Plan
WBCO agrees that it shall be committed to carry out pursuant to the CITY's
specifications an Affirmative Action Program in keeping with the principles as provided in
Presidents Executive Order 11246 of September 24, 1966. The CITY shall provide Affirmative
Action guidelines to WBCO to assist in the formulation of such program. WBCO 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)
WBCO 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 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. WBCO
may relay on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
C. Access to Records
WBCO 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 the
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
WBCO 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 WBCO' 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
WBCO will, in all solicitations or advertisements for employees placed by or on behalf of
WBCO, state that it is an Equal Opportunity or Affirmative Action employer.
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F. Subcontract Provisions
WBCO 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
WBCO 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.
B. Labor Standards
WBCO 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.
WBCO 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. WBCO shall
maintain documentation that demonstrates compliance with hour and wage requirements of this
part. Such documentation shall be made available to the CITY for review upon request.
WBCO 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 the 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 WBCO of its obligation, if any, to require payment of the higher wage.
WBCO 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 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 the CITY, WBCO
and any of WBCO's subcontractors. Failure to fulfill these requirements shall subject the CITY,
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WBCO and any of WBCO's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. WBCO certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
WBCO further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"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."
WBCO 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.
WBCO certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
2. Notifications
WBCO 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.
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3. Subcontracts
WBCO 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. WBCO 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.
10.4. Conduct
A. Assignability
WBCO shall not assign or transfer any interest in this Agreement without the prior
written consent of the CITY.
B. Subcontracts
1. Approvals
WBCO shall not enter into any subcontracts with any agency or individual in the
performance of this contract without written consent of the CITY prior to the execution of such
Agreement.
2. Monitoring of Subcontractors
WBCO 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
WBCO 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
WBCO shall undertake to insure 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 the CITY along with
documentation concerning the selection process.
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C. Hatch Act
WBCO 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
WBCO 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:
1. WBCO 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 WBCO 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 the CITY, WBCO or
any designated public agencies which are receiving funds under the CDBG Entitlement program.
E. Lobbying
WBCO 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 funs 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
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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:
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, the 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
WBCO 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
WBCO 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
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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), WBCO shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood 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
WBCO 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
WBCO 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:
SEVARABILITY
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.
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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.
SECTION XIV:
WAIVER
14.1. The CITY' s failure to act with respect to a breach by WBCO does not waive its right to
act with respect to subsequent or similar breaches. The failure of the 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 as of the date first written above.
Approved as to form:
L. Sheets, City Attorney
CITY:
City of ' ound
ELL, Mayor
CHRISTINE R. MARTINEZ
City Secretary
WBCO:
Williamson Burnet County Opportunities
Name:
Title:
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