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HomeMy WebLinkAbout125-94 RESOLUTIONRESOLUTION NO. 125-94 A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $247,304.00 AND AUTHORIZING THE MAYOR AND CITY CLERK '1.0 EXECUTE AN AGREEMENT FOR RECEIPT OF THE: GRANT FROM THE ARKANSAS DEVELOPMENT FINANCE AUTHORITY, TO BE USED TO REHABILITATE APPROXIMATELY 12 TO 15 LOW-INCOME/MODERATE INCOME HOMES THROUGH THE RESIDENTIAL REHABILITATION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby accepts a grant in the amount of $247,304.00 and the Mayor and City Clerk are hereby authorized to execute an agreement for receipt of the grant from the Arkansas Development Finance Authority, to he used to rehabilitate approximately 12 to 15 low-income/moderate income homes through the Residential Rehabilitation Program. A copy of the HOME agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 18th day of October , 1994. APPROVED: By: /Z6;/iCyz, Fred Hanna, Mayor KFTEST: Traci Paul, City Clerk HOME CONTRACT OF AGREEMENT • Fred Manna, Mayor of :Print Name) City of Fayettevil 1 , enter into (Print Name of Agency or Organization) the following agreement with the Arkansas Development Finance Authority (ADFA), administrator of the 1 -TOME funds. 1 he purpose of this agreement is to ensure that HOME funds arc used in accordance with all program requirements se( forth in 24 CFIt, Pail 92, which is the regulatory document for the HOME Investment Partnership Program. Henceforth City of Fayetteville referred to as the entity, and the Arkansas Development Finance Authority as ADFA. Below arc the Icrurs of the agreement agreed to and evidenced by signatures to this contract shall be "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. The entity agrccs to enter into a written agreement before it disburses funds to any other entity, to ensure HOME program compliance. 3. The cntity agrccs 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. 1. The entity agrccs 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 albrdabilily requirements for the specified time period ADFA shall require repayment of the funds. The entity agrccs to execute means of enforcement by executing decd restrictions and lien recordations. 5. Repayment of funds including any interest or oilier returns on the investment of HOME funds shall be retained in the HOME (rust fund for redistribution to outer HOME eligible projects. unless otherwise negotiated between ADFA and entity. The entity must comply with uniform administrative requirements as follows 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 governmental subrecipient receiving HOME funds: 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.38, 85.44, 135.5 land 85.52. 13. Nonprofit Organizations. The requirements of OMB Circular No. A-122 and the following requirements of OMB Circular No. A-110 apply to subrccipicnls receiving HOME funds that arc private nonprofit organizations: Attachment B, attachment F, attachment If, paragraph 2, and attachment O. (Copies of OMB Circulars may be obtained from E.O.P. Publications, Room 2200, New Executive Office Building, Washington, D.C., 20502, telephone (202)395-7332. (This is not a loll -free number. There is a limit of two frcc copies.) 'Hie c entity agrccs to have audits conducted in accordance with 24 CFR Part 44, and OMB Circular A-1-33. 'the entity agrccs that it will comply with the maximum per unit HOME subsidy amount required by }IUD and further defined in 24 CFR 92, Section 92.250. The entity agrees that it will comply with the Ilousing Quality Standards, ADFA's Property Standards, as applicable to the unit or projccl to be rehabbed, constnetcd, 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 constnaction will meet the current edition of (he Model Energy Code published by thc Council of American Building Officials. I0. The cnlily also agrccs 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). The entity will comply with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321), and applicable related environmental authorities at 24 CFR Part 50.4, and HUD'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 Pari 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. The entity will comply with Section 504 of thc 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. The entity will comply with Executive Orders 11625,12432, and 12138; which .state •that programparticipants shall take affirmative action to encourage participation by minority and women owned business enterprises. The entity will comply with policies, guidelines, and requirements of OMB Circular Nos. A-87 (Cost Principles Applicable to Grants, Contracts and Other Agreements with State and Local Governments), 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments), A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations), A-122 (Cost principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions), and audit requirements described in OMB Circular A-128 implemented at 24 CFR Part 44 and OMB Circular A-133 (Audits of Institutions of Higher Learning and Other Nonprofit Institutions). J. 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. _ K. 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. L. 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. M. 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. The entity and its principals (a) arc 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, Slate or local) terminated for cause or default. Where the entity is unable to certify to any other statements in this certification, suck entity shall attach an explanation behind this page. The entity will comply with State and local codes and ordinances and other applicable laws. P. Entity will comply with conflict of interest provisions referred to in Section 530 of the Notice of Program Guidelines 56 F.R. 4458, which provide that no person who is an employee, agent, consultant, officer, or elected or appointed official of the entity and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement ivith respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family' or business ties, during his or her tenure or for one year thereafter. _ • 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. R. 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 lo. •The entity agrccs to keep records and reports and submit same to ADFA including but not restricted to: • Tenant occupancy by income and family size. 13. Documentation of inspections before, during and upon completion of a project. C. Annual site visits for affordability compliance for multifamily units. D. Biannual (every Iwo years) site visits for a one to four dwelling unit. Affirmative marketing outreach, such as clipped notices and/or advertisements, or paid invoices for electronic media. 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. 11. If new construction, accords supporting certification for eligibility. Records for documenting the income of HOME beneficiaries. 1. Programer administration records as follows: (1) Accounting records regarding the local IIONIE Investment Tnist Fund account and any separate IIOME accounts set up for repayments of invested 11OME funds. (2) CM1 records (pavineut certifications, reports, ctc.) (3) Records documenting program income from HOME assisted projects. (4) Records of all HOME Program written agreements and monitoring reviews. (5) Records of audits. F:. To comply with 24 CFR, Part 92, any data collection requirements, reports, and/or records That HUD shall require. I,. Progress reports, annual reports and other supporting documents requested from ADFA necessary for the administration of the I TOME Program. 17. The entity agrccs that not Icss than annually, ADFA shall have the right and to review the performance of each contractor and sublet:4)M 1 18. The entity agrees to retain all records a( (cast three Weirs after the affordability period ends. This agreement shall begin on September 15, 1994 , and will remain in force for the period of affordability applicable to the project for which HOME funds arc 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 11OME funds allocated to said entity. Upon the execution of this agreement, ADFA agrccs to allocate in accordance to ADFA guidelines and the HOME Regulations of 24 CFR, Part 92, the amount of Two hundred forty—seven thousand three hundred four. /1100, 2447,:,04.00 111 Signature of Legally Responsible Entity Official 11 red Fianna, Mayor 'I -ills (Please Print) City of Fayetteville Date ro if- 9/ - (VI e/ q177 ADFA Official Dal WARNING: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uscs 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 Stales, shall be fined not more than $ 10,000 or imprisoned for not more than five years, or both.