HomeMy WebLinkAbout96-97 RESOLUTION RESOLUTION NO. 9 6-9 7 co o Ii i t:tl� g
A RESOLUTION APPROVING THE AGREEMENT TO ACCEPT
$200,000 HOME GRANT FUNDS FROM THE ARKANSAS
DEVELOPMENT FINANCE AUTHORITY FOR THE HOME
OWNER REHABILITION PROGRAM; AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves the agreement accepting $200,000
Home Grant Funds from the Arkansas Development Finance Authority for the Home Owner
Rehabilition Program; and authorizes the Mayor and City Clerk to execute said agreement. A copy
of the agreement is attached hereto marked Exhibit "A" and made a part hereof.
Section Z. The City Council hereby approves a budget adjustment in the amount
$200,000 increasing Contract Services, Acct. No. 2180 4950 5315 00 decreasing Home Grant
Funding, Acct. No. 2180 0918 4322 00. A copy of the budget adjustment is attached hereto and
made a part hereof.
P4 WD AND APPROVED this 7th day of October , 1997.
` r
, % APPROVED:
• v .), Eta, ' By:
\ f red Hanna, Mayor
ti I*
ATTEST:
By: (V1G(...:
Traci Paul, City Clerk
�!..14
City of Fayetteville,Arkansas
Budget Adjustment Form
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Budget Year Department: Administrative Services Date Requested Adjustment#
1997 Division: Community Development 09/11/97
Program: Home Grant
Project or Item Requested: Project or Item Deleted:
Approval of a budget adjustment accepting a Home Grant from the None.Recognition of additional grant funding and additional expenditure is
Arkansas Development Finance Authority and increasing the expenditure requested.
account for home rehabilitation.
Justification of this Increase: Justification of this Decrease:
The City has received an additional grant award. No decrease is proposed.
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Increase
Account Name Amount Account Number Project Number
Contract Services 200,000 2180 4950 5315 00 -
Increase
Account Name Amount Account Number Project Number
Home Grant Funding 200,000 2180 0918 4322 00
Approval Signatures ;r`Budget Office Use Only
R e ed By
Type: A B :'. C D F 4F,‘
' L<� � q- 1/- ? 7
Budget Coo dinator Date of Approval
Department Director Posted to General Ledger
Admin.Se es D' ecjt r Entered in Category Log
Mayor
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CAAPP\97BUD\97WORIC\BADJFORM.WK3 Budget Office Copy
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EXHIBIT A
HOME CONTRACT OF AGREEMENT 97 OCT 20 At! IOt 4 7
1, FRED HANNA,MAYOR of
(Print Official's name&Title
the CITY of FAYETTEVILLE enter into
(Print Name of Agency or Organization)
the following agreement with the Arkansas Development Finance Authority(ADFA),administrator of the HOME funds.
The purpose of this agreement is to ensure that HOME funds are used in accordance with all program requirements set forth in 24 CFR,Part
92,which is the regulatory document for the HOME Investment Partnership Program.
Henceforth the CITY of FAYETTEVILLE shall be referred to as the entity,and the Arkansas Development Finance Authority as ADFA.
Below are the terms of the agreement agreed to and evidenced by signatures to this contract.
1. This agreement remains in effect for the duration of the affordability requirements of the program or project for which HOME
funds are expended,and during any period in which the entity has control over HOME funds.
2. The entity agrees to enter into a written agreement before it disburses funds to any other entity,to ensure HOME program
compliance.
3. The entity agrees to submit in writing in its application for HOME funds: a)description of the use of HOME funds,b)tasks to per
perform,a schedule for completing the tasks and a budget in sufficient detail for ADFA to provide a sound basis for the release and
monitoring of the HOME funds. Proposed operating budgets for income producing projects must be approved by ADFA.
Construction plans,specifications,proposed improvements and cost estimates must also be reviewed by ADFA for all projects.
4. The entity agrees to comply with the affordability requirements of Sections 92.252 and 92.254 of 24 CFR,Part 92 of the HOME
Regulations,and should it not meet the affordability requirements for the specified time period ADFA shall require repayment of
the funds. The entity agrees to execute means of enforcement by executing deed restrictions and lien recordations.
5. Repayment of funds including any interest or other returns on the investment of HOME funds shall be retained in the HOME trust
fund for redistribution to other HOME eligible projects,unless otherwise negotiated between ADFA and entity.
6. The entity must comply with uniform administrative requirements as follows:
A. Government Entities. The requirements of OMB Circular No.A-87 and the following requirements of 24 CFR part 85
apply to the participating jurisdiction, State recipients,and any government sub recipient receiving HOME funds:
85.6,85.12, 85.20,85.22, 85.26, 85.32-85.34, 85.36,85.44,85.51,and 85.52.
B. Nonprofit Organizations. The requirements of OMB Circular No.A-122 and the following requirements of 24 CFR
part 84 apply to subrecipients receiving HOME funds that are private nonprofit organizations: 84.2, 84.5,84.13 -84.16,
84.21, 84.22, 84.26-84.28, 84.30, 84.31, 84.34-84.37, 84.40-84.48, 84.51, 84.60-84.62, 84.72,and 84.73.
7. The entity agrees to have audits conducted in accordance with 24 CFR Part 44,and OMB Circular A-1-33.
8. The entity agrees that it will comply with the maximum per unit HOME subsidy amount required by HUD and further defined in
24 CFR 92, Section 92.250.
9. The entity agrees that it will comply with the Housing Quality Standards,ADFA's Property Standards,as applicable to the unit or
project to be rehabbed,constructed,acquired or assisted with HOME funds,and that it will comply with local codes,rehab
standards,zoning ordinances,cost effective energy conservation,and effectiveness standards(24 CFR Part 39),and for new
construction will meet the current edition of the Model Energy Code published by the Council of American Building Officials.
10. The entity also agrees to carry out each activity in compliance with all federal laws and regulations as follows:
A. The entity will comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001-4128)and the
Coastal Barrier Resources Act(16 U.S.C. 33601).
B. The entity will comply with the provisions of the National Environmental Policy Act of 1969(NEPA)(42 U.S.C.4321),
and applicable related.nvirnnmenta! authorities at 24 CFR Part 50_d and NT ID's implementing regulations at 24 CFR
Part 50.
C. The entity will comply with the requirements of the Fair Housing Act(42 U.S.C. 3601-19)and implementing regulations
at 24 CFR Part 100,Part 109,and Part 110;Executive Order 11063 (Equal Opportunity in Housing)and implementing
regulations at 24 CFR Part 107;and Title VI of the Civil Rights Act of 1964(42 U.S.C.2000d)(Nondiscrimination in
Federally Assisted Programs)and implementing regulations issued at 24 CFR Part 1,and will affirmatively further fair
housing.
D. The entity will comply with the Age Discrimination Act of 1975(42 U.S.C.6101-07)and implementing regulations of 24
CFR Part 146,which prohibit discrimination because of age in programs and activities receiving Federal financial
assistance.
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E. The entity will comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.794),as amended,and with
implementing regulations at 24 CFR Part 8,which prohibit discrimination based on handicap in Federally assisted and
conducted programs and activities.
F. The entity will comply with Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u)
(Employment Opportunities for Lower Income Persons in Connection With Assisted Projects),and with implementing
regulation at 24 CFR 135.
G. The entity will comply with the requirements of Executive Order 11246(Equal Employment Opportunity)and the
regulations issued under the Order at 41 CFR Chapter 60.
H. The entity will comply with Executive Orders 11625, 12432,and 12138,which state that program participants shall take
affirmative action to encourage participation by minority and women owned business enterprises.
I. The entity will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 and HUD's
implementing regulations at 24 CFR Part 24, Subpart F.
J. The entity will comply with the requirements of the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4821,et seg.)
and implementing regulations at 24 CFR Part 35.
K. The entity will ensure that no person has been or will be displaced from his or her dwelling as a direct result of HOME
Program Assistance described in this application. This does not preclude termination of tenancy for violation of the terms
of occupancy as a unit.
L. The entity will ensure that no Federally appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,for lobbying the Executive or Legislative Branches of the Federal Government. (Refer to the government
wide common rule governing the restrictions on lobbying,published as an interim rule on February 26, 1990(55 FR
6736)and supplemented by a Notice published June 15, 1990(55 FR 24540). For HUD,this rule is found at 24 CFR
Part 87.
M. The entity and its principals(a)are not presently debarred,suspended,proposed for debarment,declared ineligible,or
involuntarily excluded from covered transactions(see 24 CFR 24.110)by any Federal department or agency;(b)have not
within a three year period preceding this application been convicted of or had a civil judgment rendered against them for
commission of embezzlements,theft,forgery,bribery,falsification or destruction of records,making false statement or
receiving stolen property;(c)are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(Federal,State or local)with commission of any of the offenses numerated in(b)of this certification;and(d)have
not within a three year period preceding this application had one or more public transactions(Federal, State or local)
terminated for cause or default. Where the entity is unable to certify to any other statements in this certification,such
entity shall attach an explanation behind this page.
N. The entity will comply with State and local codes and ordinances and other applicable laws.
O. Entity will comply with conflict of interest provisions referred to in 24 CFR,part 92.356.
P. The entity will comply with the Davis Bacon Act(40 U.S.C.276a-5)involving 12 or more units assisted with HOME
funds,and more fully defined in 24 CFR Part 92 Section 92.354.
Q. The entity agrees to comply with all applicable program requirements described by ADFA,and the HOME regulations 24
CFR,Part 92 as applicable,and any amendments hereafter to the HOME regulations and/or ADFA program guidelines.
11. The entity agrees to comply with the ADFA's Affirmative Marketing Plan,and the entity further agrees to keep records in a central
file readily available for ADFA to monitor entity's efforts and compliance with affirmative marketing.
12. If the entity is a religious organization it must comply with 24 CFR,Part 92, Section 92.257,which refers to the regulation that the
housing project undertaken by a religious organization must be available to all persons regardless of religion,and there must be no
religious or membership criteria for tenants of the property.
13. The entity agrees that it will request no disbursement of HOME funds under this agreement until the funds are needed for eligible
cost,and each request will be limited to the amount needed.
14. The entity agrees to transfer to ADFA any HOME funds on hand at the completion of the project,which exceeds the necessary
amount of funds to complete the project.
15. Upon expiration of this agreement the entity agrees to transfer to ADFA any HOME funds on hand at the time of expiration and a
any accounts receivable attributable to the HOME funds, unless said funds are to be retained in a separate HOME account
administered by the entity.
16. The entity agrees to keep records and reports and submit same to ADFA including but not restricted to:
A. Tenant occupancy by income and family size.
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B. Documentation of inspections before,during and upon completion of a project.
C. Annual site visits for affordability compliance for multifamily units.
D. Biannual(every two years)site visits for a one to four dwelling unit.
E. Affirmative marketing outreach,such as clipped notices and/or advertisements,or paid invoices for electronic media.
F. Equal opportunity and fair housing records including racial and ethnic group and single headed household data,Section 3
data,minority and female owned business data and affirmative fair housing actions.
G. Census tracts where investments are made,according to amount of HOME funds budgeted,committed and expended.
H. If new construction,records supporting certification for eligibility.
I. Records for documenting the income of HOME beneficiaries.
J. Program administration records as follows:
(1) Accounting records regarding the local HOME Investment Trust Fund account and any separate HOME accounts
set up for repayments of invested HOME funds.
(2) CMI records(payment certifications,reports,etc.)
(3) Records documenting program income from HOME assisted projects.
(4) Records of all HOME Program written agreements and monitoring reviews.
(5) Records of audits.
K. To comply with 24 CFR,Part 92,any data collection requirements,reports,and/or records that HUD shall require.
L. Progress reports,annual reports and other supporting documents requested from ADFA necessary for the administration
of the HOME Program.
17. The entity agrees that not less than annually,ADFA shall have the right and to review the performance of each contractor and
subrecipient.
18. The entity agrees to retain all records at least three years after the affordability period ends.
This agreement shall begin on July 01, 1997 ,and will remain in force for the period of affordability applicable to the project for
which HOME funds are invested,unless the ADFA determines that a breach of contract has occurred,at which time ADFA may exercise any
and all of its rights,and remedies under the HOME Regulations,24 CFR,Part 92,including the right to terminate this agreement and recapture
or terminate any HOME funds allocated to said entity.
Upon the execution of this agreement,ADFA agrees to allocate in accordance to ADFA guidelines and the HOME Regulations of 24 CFR,
Part 92,the amount of TWO HUNDRED THOUSAND DOLLARS AND 00/100($200,000.00).
FY '97 HOMEOWNER REHABILITATION
g ature of Legally Responsible Entity Official
Meiyot /o- 7- 97
Title(Please Print) Date
&Xlijk-11 October 20, 1997
ADFA Official Loretta is. Go Date
I-.'.OMI; Program Manager
WARNING: 18 U.S.C. 1001 provides,among other things,that whoever knowingly and willingly makes or uses a document or writing
containing any false,fictitious,or fraudulent statement or entry,in any matter within the jurisdiction of any department or agency of the United
States,shall be fined not more than$10,000 or imprisoned for not more than five years,or both.
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