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Home My WebLink About173-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 173-25 File Number: 2025-1253 A RESOLUTION TO APPROVE THE RENEWAL OF FOUR CONTINUUM OF CARE PROGRAM GRANT AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE TOTAL AMOUNT OF $352,848.00 FOR THE CITY TO ADMINISTER PROGRAMS TO ASSIST HOMELESS FAYETTEVILLE RESIDENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign the four Continuum of Care Program grant agreements with the U.S. Department of Housing and Urban Development, copies of which are attached to this Resolution and made a part hereof, in the total amount of $352,848.00 for the City to administer programs to assist homeless Fayetteville residents. PASSED and APPROVED on August 5, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-1253 MEETING OF AUGUST 5, 2025 TO: Mayor Rawn and City Council THRU: Kelly Colebar, Community Resources Admin FROM: Lisa Darden, Project Coord - Comm Resources SUBJECT: Continuum of Care Program Renewal Grants RECOMMENDATION: Staff recommends approval of the Mayor’s authority to sign the renewal agreement for the Continuum of Care Program grants. BACKGROUND: The City of Fayetteville Hearth Program has been in operation since February of 2016. This program is funded by four annual grants. Grant AR0043 provides Permanent Supportive Housing, and grants AR0039, AR0044 and AR0071 provide Chronically Homeless Permanent Supportive Housing. DISCUSSION: The renewal grants are Grant # AR0039 in the amount of $36,933, Grant # AR0043 in the amount of $192,360, Grant # AR0044, in the amount of $39,456, and Grant # AR0071 in the amount of $84,099. BUDGET/STAFF IMPACT: None ATTACHMENTS: 3. Staff Review Form, 4. City of Fayetteville FY24 CoC MultiGrant Agreement Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-1253 A RESOLUTION TO APPROVE THE RENEWAL OF FOUR CONTINUUM OF CARE PROGRAM GRANT AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE TOTAL AMOUNT OF $352,848.00 FOR THE CITY TO ADMINISTER PROGRAMS TO ASSIST HOMELESS FAYETTEVILLE RESIDENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign the four Continuum of Care Program grant agreements with the U.S. Department of Housing and Urban Development, copies of which are attached to this Resolution and made a part hereof, in the total amount of $352,848.00 for the City to administer programs to assist homeless Fayetteville residents. City of Fayetteville Staff Review Form 2025-1253 Item ID 8/5/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Kelly Colebar 7/16/2025 COMMUNITY RESOURCES (642) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of the Mayor’s authority to sign the renewal agreement for the Continuum of Care program grants. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: www.hud.gov espanol.hud.gov Page 1 U.S. Department of Housing and Urban Development Office of Community Planning and Development 425 West Capitol Avenue Suite 1000 Little Rock, AR 72201 CONTINUUM OF CARE PROGRAM (Assistance Listing# 14.267) GRANT AGREEMENT Grant Number: Multiple Projects Recipient's Name: City of Fayetteville Tax ID Number: 71-6018462 Unique Entity Identifier [SAM]: N4PCBXWNAKK7 Federal Award Date: This Grant Agreement (“this Agreement”) is made by and between the United States Department of Housing and Urban Development (“HUD”) and City of Fayetteville (the “Recipient”). This Agreement, the Recipient’s use of funds provided under this Agreement (the “Grant” or “Grant Funds”), and the Recipient’s operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2024 (Public Law 118-42, approved March 9, 2024); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the “Act”); 3. the Continuum of Care Program rule at 24 CFR part 578 (the “Rule”), as amended from time to time; 4. the Notice of Funding Opportunity for FY 2024 and FY 2025 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program (NOFO) except for references in the NOFO to Executive Orders that have since been repealed; 5. all current Executive Orders; and 6. the Recipient’s application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the “Application”). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD’s total funding obligation authorized by this grant agreement is $352,848, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD-approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. 7/16/2025 www.hud.gov espanol.hud.gov Page 2 Grant No. (FAIN) Grant Term Performance Period 09-01-2025 - 08-31-2026 Total Amount $36,933AR0039L6F012411 12 months 09-01-2025 - 08-31-2026 Budget Period Continuum of Care Planning Activities Acquisition New construction Rental assistance $0 $0 $0 $33,036 Supportive services Operating costs $3,897 $0 a. b. d. f. h. g. e. Leasing $0 c. Rehabilitation $0 allocated between budget line items as follows: i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation costs $0 l. VAWA Costs $0 m. Rural Costs $0 n. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 www.hud.gov espanol.hud.gov Page 3 Grant No. (FAIN) Grant Term Performance Period 09-01-2025 - 08-31-2026 Total Amount $192,360AR0043L6F012410 12 months 09-01-2025 - 08-31-2026 Budget Period Continuum of Care Planning Activities Acquisition New construction Rental assistance $0 $0 $0 $161,412 Supportive services Operating costs $25,903 $0 a. b. d. f. h. g. e. Leasing $0 c. Rehabilitation $0 allocated between budget line items as follows: i. Homeless Management Information System $0 j. Administrative costs $5,045 k. Relocation costs $0 l. VAWA Costs $0 m. Rural Costs $0 n. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 www.hud.gov espanol.hud.gov Page 4 Grant No. (FAIN) Grant Term Performance Period 09-01-2025 - 08-31-2026 Total Amount $39,456AR0044L6F012410 12 months 09-01-2025 - 08-31-2026 Budget Period Continuum of Care Planning Activities Acquisition New construction Rental assistance $0 $0 $0 $33,036 Supportive services Operating costs $4,835 $0 a. b. d. f. h. g. e. Leasing $0 c. Rehabilitation $0 allocated between budget line items as follows: i. Homeless Management Information System $0 j. Administrative costs $1,585 k. Relocation costs $0 l. VAWA Costs $0 m. Rural Costs $0 n. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 www.hud.gov espanol.hud.gov Page 5 Grant No. (FAIN) Grant Term Performance Period 01-01-2026 - 12-31-2026 Total Amount $84,099AR0071L6F012405 12 months 01-01-2026 - 12-31-2026 Budget Period Continuum of Care Planning Activities Acquisition New construction Rental assistance $0 $0 $0 $64,932 Supportive services Operating costs $16,859 $0 a. b. d. f. h. g. e. Leasing $0 c. Rehabilitation $0 allocated between budget line items as follows: i. Homeless Management Information System $0 j. Administrative costs $2,308 k. Relocation costs $0 l. VAWA Costs $0 m. Rural Costs $0 n. HPC homelessness prevention activities: Housing relocation and stabilization services Short-term and medium-term rental assistance $0 $0 www.hud.gov espanol.hud.gov Page 6 Pre-award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre-award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post-award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre-award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. These provisions apply to all Recipients: The Recipient: (1) shall not use grant funds to promote “gender ideology,” as defined in E.O. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government; (2) agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.S. Government’s payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; (3) certifies that it does not operate any programs that violate any applicable Federal anti- discrimination laws, including Title VI of the Civil Rights Act of 1964; (4) shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment; and (5) Notwithstanding anything in the NOFO or Application, this Grant shall not be governed by Executive Orders revoked by E.O. 14154, including E.O. 14008, or NOFO requirements implementing Executive Orders that have been revoked. The recipient must administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Center for Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws. No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation. Subject to the exceptions provided by PRWORA, the recipient must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States. www.hud.gov espanol.hud.gov Page 7 HUD will not enforce provisions of the Grant Agreement to the extent that they require the project to use a housing first program model. As stated in Section III.A.2 of the NOFO, Faith-based organizations may be recipients or subrecipients for funds under this agreement on the same basis as any other organization. Recipients may not, in the selection of subrecipients, discriminate against an organization based on the organization’s religious character, affiliation, or exercise. If any new projects funded under this Agreement are for project-based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project’s budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule, incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High-performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years’ CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices), as may be amended from time to time. The Recipient’s indirect cost rate information is as provided in Addendum #1 to this Agreement. The Recipient must immediately notify HUD upon any change in the Recipient’s indirect cost rate, so that HUD can amend the Agreement to reflect the change if necessary. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient’s applicant profile in e-snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Recipient must comply with the applicable requirements in 2 CFR part 200, as may be amended from time to time. www.hud.gov espanol.hud.gov Page 8 Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD’s Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number (1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of: 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. HUD may terminate all or a portion of the Grant in accordance with the Act, the Rule and 2 CFR 200.340. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espanol.hud.gov Page 9 This agreement is hereby executed on behalf of the parties as follows: By: ___________________________________________________ (Signature) ___________________________________________________ (Typed Name and Title) UNITED STATES OF AMERICA, Secretary of Housing and Urban Development David Blick, Director ___________________________________________________ (Date) RECIPIENT City of Fayetteville___________________________________________________ (Name of Organization) By: ___________________________________________________ (Signature of Authorized Official) _Molly Rawn, Mayor_________________________________ (Typed Name and Title of Authorized Official) ______________________________________ (Date) 7/16/2025 Digitally signed by: DAVID BLICK DN: CN = DAVID BLICK C = US O = U.S. Government OU = Department of Housing and Urban Development, Office of Administration Date: 2025.07.16 10:14:54 -05'00' DAVID BLICK 8/5/2025 www.hud.gov espanol.hud.gov Page 10 3. Indirect Cost Rate Information for the Applicant/Recipient: Please check the box that applies to the Applicant/Recipient and complete the table only as provided by the instructions accompanying this form. The Applicant/Recipient will not charge indirect costs using an indirect cost rate. The Applicant/Recipient will calculate and charge indirect costs under the award by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. The Applicant/Recipient will calculate and charge indirect costs under the award using the indirect cost rate(s) in the table below, and each rate in this table is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, has been approved by the cognizant agency for indirect costs. Indirect Cost Information for Award Applicant/Recipient 1. Federal Program/Assistance Listing Program Title: CONTINUUM OF CARE PROGRAM/Assistance Listing# 14.267 2. Legal Name of Applicant/Recipient: City of Fayetteville Agency/department/ major function Indirect cost rate Type of Direct Cost Base Type of Rate 4. Submission Type (check only one): Initial submission Update 5. Effective date(s): 6. Certification of Authorized Representative for the Applicant/Recipient: **Under penalty of perjury, I certify on behalf of the Applicant/Recipient that (1) all information provided on this form is true, complete, and accurate, and (2) the Applicant/Recipient will provide HUD with an update to this form immediately upon learning of any change in the information provided on this form, and (3) I am authorized to speak for the Applicant/Recipient regarding all information provided on this form. Signature: _____________________________________________ Date: ___________ Name: Molly Rawn Title: Mayor Addendum #1 OMB Number. 2501-0044 Expiration Date: 2/28/2027 X 8/5/2025 www.hud.gov espanol.hud.gov Page 11 **Warning: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties (18 U.S.C §§ 287, 1001, 1010, 1012, 1014; 31 U.S.C. § 3729, 3802; 24 CFR § 28.10(b)(iii)). Public Reporting Burden Statement: This collection of information is estimated to average 0.25 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of the requested information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the Chief Data Officer, R, 451 7th St SW, Room 8210, Washington, DC 20410-5000. Do not send completed forms to this address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. This agency is authorized to collect this information under Section 102 of the Department of Housing and Urban Development Reform Act of 1989. The information you provide will enable HUD to carry out its responsibilities under this Act and ensure greater accountability and integrity in the provision of certain types of assistance administered by HUD. This information is required to obtain the benefit sought in the grant program. Failure to provide any required information may delay the processing of your application and may result in sanctions and penalties including of the administrative and civil money penalties specified under 24 CFR §4.38. This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act (5 U.S.C. §552). The information contained on the form is not retrieved by a personal identifier, therefore it does not meet the threshold for a Privacy Act Statement. www.hud.gov espanol.hud.gov Page 12 Instructions for Completing the Indirect Cost Information for the Award Applicant/Recipient Number Item Instructions 1 2 Legal Name of Applicant/ Recipient Enter the legal name of the entity that will serve as the recipient of the award from HUD. 3 Indirect Cost Rate Information for the Applicant/ Recipient Mark the one (and only one) checkbox that best reflects how the indirect costs of the Applicant/Recipient will be calculated and charged under the award. Do not include indirect cost rate information for subrecipients. The table following the third checkbox must be completed only if that checkbox is checked. When listing a rate in the table, enter the percentage amount (for example, “15%”), the type of direct cost base to be used (for example, “MTDC”), and the type of rate (“predetermined,” “final,” “fixed,” or “provisional”). If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the award, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. If the Applicant/Recipient is a government and more than one agency or department will carry out activities under the award, enter each agency or department that will carry out activities under the award, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. 4 Submission Type Check the appropriate box to identify whether this is the first submission of this form for the award or an update to a previous submission of this form for the award. 5 Effective date(s)Enter the date(s) for which the information on this form applies. 6 Certification of Authorized Representative for the Applicant/ Recipient Federal Program/ Assistance Listing Program Title Enter the title of the program as listed in the applicable funding announcement or notice of funding availability. An employee or officer of the Applicant/Recipient with the capacity and authority to make this certification for the Applicant/Recipient must make the certification by signing as provided. They must also provide the date of their signature, full name, and position title. OMB Number. 2501-0044 Expiration Date: 2/28/2027