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HomeMy WebLinkAbout133-90 RESOLUTIONw r • RESOLUTION NO. L. A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY 'OF FAYETTEVILLE AND YOUTH BRIDGE, INC. FOR DISBURSEMENT OF FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT. NO 10 - WHEREAS, the Board of Directors approved a $65,000 grant to Youth Bridge in the 1989 Community Development Block Grant, and WHEREAS, Youth Bridge, Inc. shall be the owners the facility to be built and will be responsible for maintenance and insurance on the facility which is not eligible for Community Development Block Giant funding. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Youth Bridge, Inc. for disbursement of funds from the Community Development Block Grant funding for construction of a facility for runaway and/or homeless adolescents. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 4th it ATTEST: —.Joy =<ay: �'C ' City Cllerk• ` •. • r 1 . tr.". • ie•4 f, • day of Sept- mhar APPROVED: , 1990. By:/G�./dyr7 Mayor , •110- AGREEMENT THIS AGREEMENT executed this 4th day of Aaptamhar , 19 90 between the City of Fayetteville, hereinafter called the City and Youth Bridge, Inc. hereinafter called Grantee. In consideration of the mutual covenants contained herein, the parties agree as follows: The City shall provide the Grantee a loan at 0% interest from the Community Development Block Grant (CDBG) awarded the City by the U.S. Department of Housing and Urban Development. The loan shall be in the amount of Sixty five thousand and 00.100 dollars ($ 65,000.00 ),. The funds shall be used to construct a shelter for adolescents (ages 12 to 17) who are homeless, have run away or are in a time of crisis. The shelter will located at: Grantee certifies that it is a non-profit entity and is eligible to receive the loan and that the loan proceeds will be used only for the work and materials necessary for the purposes described herein. If the City determines that the loan proceeds will not or cannot be used for the purposes described, Grantee agrees that the proceeds shall be returned forthwith in full to the City and further acknowledges that, with respect to such proceeds so returned, will have no further interest, right, or claim. CONDITIONS OF LOAN The City will monitor the performance of Grantee under this Agreement and, if Grantee is found to be in compliance with the terms and conditions, Grantee will receive a credit of Ten (10) per cent per year for Ten (10) years. At the end of the tenth year the City will transfer any interest in the structure to Grantee. GENERAL, PROVISIONS The Grantee agrees to occupy and use said structure in a manner consistent with the requirements of 24 CFR Part 570 of the Housing and Community Development Act of 1974 and to comply with the terms and conditions of this agreement and all local, State and Federal laws governing such use. The Grantee further agrees to: 1. Provide emergency shelter care and services described in the Youth Bridge, Inc. Emergency Shelter Services statement (see attachment 1). 2. Submit quarterly reports to the City's Community Development office specifying race; gender,age etc.). Reporting full quarter of submitted 30 days number of clients housed in the Shelter and arid referral source (i.e.,_agency,,courts, will begin 30 days after the end of first"` occupancy; .thereafter reports will be after the end of each quarter. 3 Provide to the City and the Department of Housing and Urban Development (HUD) complete access to Grantee's records for the purpose of inspection during reasonable hours. The City and HUD shall have the right to copy said. records. 4. Maintain the structure and electrical, plumbing, and air good condition and repair at facilities, including heating, conditioning equipment, in all times. 5. Carry fire, flood, and extended coverage insurance on the structure, improvements thereon and contents throughout the term of this agreement. A copy of this policy(ies) will be placed on file with Fayetteville City Clerk. 6. Carry out each activity in compliance with all Federal laws and regulations described in Subpart K of the Housing and Community Development Act of 1974 (attached to and made a part of this agreement), except that: 1. The Grantee does not assume. the City's environmental review responsibilities; 2. The Grantee does not assume the City's responsibility for initiating the review process under Executive Order 12372. 7. Undertake construction of the facility in accordance with Attachment 0 of OMB Circular A-102, "Standards Governing State and Local Grantee Procurement." During construction, the City will monitor compliance of contractor(s) or subcontractor(s) with Federal Labor Standards, Davis -Bacon Act (as amended) and Contract Work Hours and Safety Standards Act. SUSPENSION AND TERMINATION In accordance. with 24 CFR 85.43, in the event Grantee sells the structure or otherwise materially changes the use as described herein, or fails to abide by the terms and conditions of this agreement, Grantee agrees that the loan made hereby shall automatically be revoked; that Grantee shall immediately repay said loan to the City less any credit accrued by Grantee of the total loan for each year the Grantee has occupied and used the aforesaid structure prior to any sale or change of use of said structure. OTHER PROVISIONS By executing this agreement, the City does not waive its statutory tort immunity under Arkansas Code Ann. Section 21-9-301 (1987). The United States shall be deemed to be a beneficiary of these provisions both for and in its own right and also for the purpose of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit these provisions have been provided and shall have the right, in the event of any breach of these provisions, to maintain any actions or suits at law or in equity or any other property proceedings to enforce this Agreement. -a ' ' WITNE9SA Clerk?'" • CITYOF FAYETPEVILLE ' Mayor YOUTH BRIDGE, INC.