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Home My WebLink About136-93 RESOLUTION• • RESOLUTION NO. 136-93 A RESOLUTION AWARDING HOME GRANT FUNDS TO LIFE STYLES, INC. IN THE AMOUNT OF $100,000 FOR 1993 AND $105,000 FOR 1994 AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $100,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Council hereby authonzes the award of Home Grant Funds in the amount of $100,000 for 1993 and $105,000 for 1994 to Life Styles, Inc. A copy of the agreement with attachments is attached hereto and made a part hereof. Sectino 2. The Council also approves a budget adjustment increasing Lifestyles, Inc., Acct. No. 2180 4950 5725 00, and decreasing Contract Services, Acct No. 2180 4950 5315 00, in the amount of $100,000. A copy of the budget adjustment is attached hereto and made part hereof. PASSED AND APPROVED this 21st day of December , 1993. ATTEST: �/� By: �^ o� oaf .vu4// Sherry L. Thomas, City Clerk APPROVED: By: red Hanna, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: P/m+ 4c uy Division: CoK tier ! aorl`44" Program: 1.10 i E Date Requested 123-53 Adjustment # Project or Item Requested: id L/ i �A5 is Ates e,..S a_ t- .4rrtS o ccov.3f' 7p L Lips 4 /es Project or Item Deleted: AJONe . go-xc 4 =uL• �� Lis w we (I etail /ss >993 4 /990 tsc.of yea As. rTit s josJ..af e e�- •ties 44 /x/53440,--4044. 004. %Zefarad-cc s.) re Ju+i iIicanon of this Increase: r/ti p,,t4a3e t.Ca.eS�l.L is -h d-C&"Si L ies4/es ,•e1 et t fa.,v,.cs S? , f -144-C' h tc ,se f 7 4.4514-er'y� C-/' errs Justification of this D cre:, e: A...cCS4,i- 10,// wt «1 e"-OC4410 /pus 4padc le ,as. Clcc es4.4-te- koos,05• - Account Name Amount Increase Account Number Project Number Tt4no6FEA.- t(-4Lstt too,oeo "Z(Xo 4940 C72S 6a Account Name Amount (a,srtacr Satutces /co,00e Decrease Account Number Project Number ztgo '>S.ce C3i,S as ids Approval Signatures /a3�3 2 3-53 Budget Coordinator Dgparttpynt Direct Admin. Services Di 1 Mayor Budget Office IMO* Type: A B C D O F Date of Approval Posted to General Ledger Entered in CategotyLog 1 Budget Office Copy AGREEMENT /n� THIS AGREEMENT entered into this 0141- day of Al/.t' .--/ 19 /) by and between Lifestyles, Inc. a non-profit corporation, hereinafter called the Grantee, and the City of Fayetteville, Arkansas through its Community Development Division, hereinafter called the Grantor, WITNESSETH: WHEREAS, the Grantee operates a program that provides supervised living and training for adults with developmental disabilities in Washington County, Arkansas in which Fayetteville is located; and WHEREAS the Grantee wishes to expand the supply of affordable housing units available to adults with developmental disabilities and has submitted a program description that is acceptable to Grantor and the Arkansas Development Finance Authority; and WHEREAS, the Grantor acknowledges the benefits of the Lifestyles Program and is interested in providing this service to as many eligible Fayetteville citizens as possible. NOW THEREFORE, in consideration of the benefits to be derived by the citizens of Fayetteville from the Lifestyles Program, Grantor agrees to provide funds to Grantee to acquire housing units that will be affordable to low and moderate income persons in an amount not to exceed $205,000.00 Funding under this Agreement is contingent upon award of funds from the Home Investment Partnerships Program (HOME) to the Grantor from the Arkansas Development Finance Authority (ADFA). 1 The funds shall be provided to Grantee as a Deferred Payment Loan at 0% interest for a term of twenty (20) years which is the applicable affordability period established by the U.S. Department of Housing and Urban Development (HUD) regulations at 24 CFR Part 92.252(a)(5). Grantor will enforce the Deferred Payment Loan and affordability period by executing deed restrictions and lien recordation on the real property acquired with HOME funds. The affordability period will begin upon successful acquisition of housing units. The Grantor will monitor the performance of Grantee under this Agreement and, if Grantee complies with all terms and conditions of this Agreement, the Deferred Payment Loan will be forgiven by Grantor; deed restrictions and lien recordation will be removed from subject property at the end of the affordability period. GRANT CONDITIONS 1. Grantee has submitted a program description that is acceptable to Grantor and ADFA. This program description includes tasks to be performed, a schedule for completing those tasks, and a detailed budget. This program description is attached as Exhibit 1 and is made a part of this Agreement. 2. The Grantee agrees to submit in writing any changes to the aforementioned program description including changes in tasks to be performed, the schedule for performance thereof, and the budget for approval by the Grantor and ADFA. 2 3. Grantee agrees that funds provided by the HOME Program are used in accordance with all program requirements set forth in 24 CFR Part 92 which is the regulatory document for the HOME Program. 4. Grantee understands that should it not meet any requirements of the HOME Program during the term of this Agreement, Grantor shall take any action or remedies furnished under 24 CFR Part 92 to ensure regulatory compliance including but not limited to termination of this Agreement and requiring Grantee to repay grant funds. 5. Repayment of funds including any interest or other returns on the investment of HOME funds shall be retained in ADFA's HOME trust fund for redistribution to other HOME eligible projects. 6. This Agreement remains in effect for the duration of the affordability requirements of the project for which HOME funds are expended and during any period in which the Grantee has control over HOME funds. Affordability requirements will be enforced through deed restrictions and lien recordation. 7. As a non-profit corporation, the Grantee agrees to follow the requirements of OMB Circular No. A-122 and OMB Circular A-110 Attachments B, F, H, paragraph 2, and O. These requirements are attached as Exhibits 2 and 3 and are made a part of this Agreement. 8. Grantee agrees to have audits conducted in accordance with 24 CFR Part 44 and OMB Circular A-133. These requirements are attached as Exhibit 4 and made a part of this Agreement. 9. Grantee agrees that it will comply with the maximum per unit HOME subsidy amount required by HUD and further defined at 24 CFR 92.250. 10. Grantee agrees that it will comply with HUD's Housing Quality Standards and ADFA's Property Standards as applicable to the unit or project to be rehabilitated, constructed, acquired or assisted with HOME funds. Grantee further agrees that it will comply with local codes and ordinances governing construction, housing rehabilitation, and zoning and will comply with cost effective energy conservation and effectiveness standards found at 24 CFR Part 39. 11. Grantee agrees to comply with other Federal requirements found at 24 CFR Part 92 (HOME Program regulations) as follows: 92.350 Equal opportunity and fair housing 92.351 Affirmative marketing (including ADFA's affirmative marketing plan) 92.353 Displacement, relocation, and acquisition 92.354 Labor standards 92.355 Lead-based paint 92.356 Conflict of interest 92.357 Debarment and suspension 92.358 Flood insurance 92.359 - Executive Order 12372 12. Grantee agrees that it will request no disbursement of HOME funds under the Agreement until the funds are needed 4 • for eligible costs and each request will be limited to the amount needed. 13. Upon expiration of this Agreement or completion of the project, whichever is earlier, Grantee agrees to transfer to Grantor any HOME funds on hand at that time and any accounts receivable attributable to the HOME funds unless said funds are to be retained in administered by the Grantee. 14. Grantee agrees to keep records a separate HOME account and reports and submit same to Grantor including but not limited to: A. Documentation of tenant occupancy by income (including records which verify income), family size, (including single -headed households), age, race, and ethnic group. B . Affirmative marketing outreach, such as clipped notices or advertisements or paid invoices for electronic media and documentation of affirmative fair housing actions. C. Accounting records regarding HOME funds including any separate HOME accounts set up for repayment of invested HOME funds. D . Records documenting program income from HOME assisted projects. E . Records of audits. F. Other reports as required by Grantor or ADFA. • • • • 15. Grantee agrees to retain all records at least three years after the affordability period ends. 16. Grantee shall indemnify and hold harmless Grantor, its officers, boards, commissions, agents and employees against and from any and all claims, demand, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to City property), cost of liabilities including the cost of liabilities of the Grantee with respect to its employees and cost of defending any and all such actions and proceedings as set forth herein, of every kind and nature whatsoever and regardless of the merit of any of the same arising out or pertaining to the services as herein agreed by the Grantee. This clause shall not be construed in any form or manner to waive that tort immunity set forth under Arkansas law. IN WITNESS WHEREOF, the Grantor and the Grantee have executed this Agreement on or as of the date first above written. CITYOF AYETTEVILLE, ARKANSAS Attests: Cit Clerk 6 MAYOR LIFESTYLES, INC.