HomeMy WebLinkAbout18-94 RESOLUTION•
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RESOLUTION NO. 18-94
A RESOLUTION ACCEPTING A HOME GRANT IN THE
AMOUNT OF 5175,466.00, AUTHORIZING 'THE MAYOR
AND CITY CLERK TO EXECUTE THE HOME GRANT
AGREEMENT BETWEEN THE ARKANSAS DEVELOPMENT
FINANCE AUTHORITY AND THE CITY, AND APPROVAL
01' A BUDGET ADJUSTMENT TO REI•LEC1 1 HE REVENUE
RECEIVED FROM THF GRANT.
BE 11' RESOLVED BY THE CITY COUNCIL. OF THE CITY OF
FAYEITEVILLE, ARKANSAS:
Section 1. That the Council hereby accepts the home grant in the amount of
$175,466.00, and authorizes the Mayor and City Clerk to execute the Home Grant Agreement
between Arkansas Development Finance Authority and the City. A copy of the grant agreement
is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of ?
PASSED AND APPROVED this 1st day of February 1994.
ATTEST:
�%
By: l-et.�` � r.�
Sherry Thomas, City Clerk
APPROVED:,
./
By: ; l,r
Fred Hanna, Mayor
Y
City of Fayetteville, Arkansas
Bndget Adjustment Fara
Depatant: Plasngr4
Division COM .F.,vu.,✓},l So°Abel... t
t jAptE I
Date Requested
4'!
Adjustment di
Project or Item Requated jj `
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ts
itt GCS L .-""7 -Cak
Projector Item Deleted:
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Justification of this lucre
Justification of this Decrease: i
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ad'slAbi rvu OYell ktailino%ca. s]
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Account Name
Amount
SeAtin-.c4 rGiteS .St 000
9,354-
C eat -Mc r Seaagog o00
Account Name
1Uew.s (Q._ov..}
Amount
Account Number
2(80 Oro
2(8b ggr6
tot. wise,
Decrease
3•Lifassit
Project Number
S/oo_ A
s3(S od
Account Number
2180 01 fit 4321 o0
Project Number
Requ By
Bu get Coo mator
Approval Signatures
Department Director
Admin. Services Director
Mayor
Sept Gas i '_
Type: A SCD EF
Date of Approval
Ponied to Genal fair
Entered in CaaltyLgg
Helga Office tipy
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HOME CONTRACT OF AGREEMENT
I, Fred Hanna, vavor of
(Pnnt Name)
City cf Favettevllle, Favettevllle,__M ,enter into
(Print Name of Agercy or Organization)
the following agreement wi:h the Arkansas Development Finance Authority (ADFA), administrator of the HOME
funds.
The purpose of this agreement is to entire the HOME `ands are used in accordance with all program requirements
set forth in 24 CFR, Part 92, which is the -^gulaiory document for the HOME Investment Partnership Program
liencefcrh City cf Favettevl-le, Feyet g11P. tiR shall be referred
tc as the entity, and the Arkansas Development Finarce Authorty as ADFA.
Below are the terms of the agreement agreed to and evidenced by signatures to this contract.
I. This agreement remains in effect for the duration of the affordability requirements of :he program or
project for which HOME funds are expended, and during any period in which :he entity has control aver
HOME funds.
2. The entity agrees to er.ter into a written agreement before it disburses funds to any ether entity, to ensure
HOME program compliance.
3. At a minimum, the entity agrees to submit in writing in its application for HOME `ands: a) description of
the use of HOME funds, b) tasks to perform, a schedule for completing the task< and a budget in sufficient
detail for ADFA to provide a sound basis fcr the re)ease and monitoring of the HOME funds.
4. The entity agrees to comply with the affordability requirements of Sections 92.252 and 92.254 cf 24 CFR
Part 92 of the HOME Regulations, and shcu:d 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 inkluding any interest or other retturs on the investment cf 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
governmental subrecipient receiving HOME funds: 85.6, 85.12, 85 20, 85.22, 85.26, 85.35,
85.38. 85.44, 85.51and 85.52.
Nonprofit Organizations. The requirements of OMB Circular No. A-122 and the following
requirements of OMB Circular Ne. A-110 apply to stbrecipients receiving HOME funds that are
private nonprofit organizations: Attachment B, attachment F, attachment H, paragraph 2. and
attachment 0 (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.
(Tlus is not a toll-free number. There is a limit of two free copies.)
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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 Prcperty 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 star.dards, 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 Er.crgy 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.0 33601).
B. The entity will comply with the provisions of the National Environmental Policy Act of 1969
(NEPA) (42 U.S.0 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 Part 110; Executive Order 11063
(Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and Title VI
cf 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.
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 Housir.g 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
Opporunity) and the regulations issued under the Order at 41 Cl•R Chapter 60,
H. The entity will ccmply with Executiv e Orders 11625. 12432, and 12138, which state that
program participants shall take affirmative action to encourage participation by minority
and women owned business enterpnses.
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The entity will comply with policies, guidelines. and requirements of OMB Circular Nos,
A-87 (Cost Principles Applicable to Grar.ts, Contracts and Other Agreements with Stale
and Local Governments). 24 CFR Part 85 (Administrative Requirements for Grants and
Cooperative Agreements to State. Local and Federally Recognized Indian Tnbal 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 Cirular 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 comp:y with the requirements of the Lead -Based Pair.t 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 IIOME 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 apprJpr,'ated 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 Jure 15, 1990 (55 FR 24540). For HUD, this rule is found at 24 CFR Part 87.
N. 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 enumerated in (b) of this certification; and (d) have not within a three year period
preceding this application had one or more public transactions (Federal, Stale or local)
terminated for cause or default. Were the entity is unable to certify to any other statements in
this ccrtifcation, such entity shall attach an explanation behind this page.
O. 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 with 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.
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The entity will comply with :he Davis Bacon Act (40 L.S.C. 276a-5) involving 12 or more units
assisted with HOME fands, and more full; defined :n 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 av ailable 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 a:e:e must be no religiojs 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 :he completion of the project, w hich
exceeds the necessary amour.t of funds to complete the project.
15. Upon expiration of this agreement the entity agrees to transfer to ADFA any HOME finds on hand at the
time of expiration and any accounts receh able attributable to the HOME fands, 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 :o ADFA including but not restricted to:
A. Tenant occupancy by income and family size.
B. Documentation of inspections before, during and upon completion of a project.
C. Annual site visits for affordability compliance for multifamily units.
11 Biannual (every two 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.
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 constnicticn, records supporting certification for eligibility.
I. Records for documenting the income of HOME beneficiaries.
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J. Program administration records as follows:
(1) Accounting records regarding the local HOME Investment Trust Fwtd account and ar.y
separate HOME accounts set up for repayments of invested HOME funds.
(2) CMI records (payment certifications, repors, etc.)
(3) Records documenting program income from HOME assisted projects.
(4) Records of all HOME Program written agreements and monitoring :evtews.
(5) Records of audits.
K. To comply with 24 CFR, Part 92, ar.y 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 nght and must .review the perfcrn:arce
of the entity.
18. The entity agrees to retain all records at least three years after the affordability per,'od ends.
This agreement shall begin on rebr Jary 1, '994 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 ,o allocate in accordance to ADFA guidelines and the HOME
Regulations of 24 CFR, Part 92. the amount oftlfle hundred seventy -the thnsand fan., hundred s1xty_, 1 1( rn/100...
$175,466 m
City of Fayetteville
• 1,.
Signature of Legally Responsible Entity Official
MAYo2 d -/-7Y
Title (Please Print) Date
1714 I 14-‘4,-e_ a-7/ rosy
ADFA Offic]ah - t. f •" -n Date
WARNLNG: 18 L.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 S10,000 or imprisoned
for not more than five years, or both.
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•
w
HOME CONTRACT OF AGREEMENT
1, Fred Hanna, Mayor of
(Pnnt Name)
City cf Favetteville, Favetteville..AR ,enter into
(Print Name of Agency or Orgar.izadon)
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 City of Faveytev`lle, Fayetteville. AR 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 if disburses funds to any other entity, to ensure
HOME program compliance.
3, At a minimum, the entity agrees to submit in writing in its application for HOME funds: a) description of
the use of HOME funds, b) tasks to 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.
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 affordabi.ity 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 recordation.
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 participatinS 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, 85.51and 85.52.
B. Nonprofit Organizations. The requirements of OMB Circular No. A-122 and the following
requirements of OMB C•rccular No. A-110 apply to subrecipients receiving HOME funds that are
private nonprofit organizations: Attachment B, attachment F, attachment H, paragraph 2, and
attachment 0. (Copies of OMB Circulars may be obtained from E.O.P. Publication, Room
2200, New Executive Office Building, Washington, D.C., 20502, telephone (202)395-7332.
(This is not a tell -free number. There is a limit of two tee copies.)
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7. The ertity 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. 40014128) 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). ar.d 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 Part 110; Executive Order 11063
(Equal Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and Title VI
of the Cisil 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
implementir.g regulations of 24 CFR Part 146, which prohibit discrimination because of age in
programs and activities receiving Federal financial assistance.
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 31625, 12432, and 12138, which state that
program participants shall take affirmative action to encourage participation by minority
and women owned busir.ess enterprises.
-2-
1
1
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 Govermments),
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 Drag -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, el 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.
N. 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 enumerated 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.
O. The entity will ccmply 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 FR. 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 with 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.
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•
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Q. The entity will comply with the Davis Bacon Act (40 U.S.C. 276a-5) insohing 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, Pari 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 rho 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 nececaary 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 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.
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 andfor 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 im estments are made, according to amount of HOME funds budgeted,
committed and expended
H. 1f new construction. records supporting certification for eligibility.
I. Records for documenting the income of HOME beneficiaries.
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•
•
•
J. Program administration records as follows:
•
(1) Accounting records regarding the Local HOME Investment Trust Fund account and any
separate HOME ac-ounts 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 w ritten 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 must review the performance
of the entity.
18. The entity agrees to retain all records at least three years after the affordability period ends.
This agreement shall begin on . ebruary 1, 1994 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 oArle hinted severity -five thcuSend four tittered S1xty9(1%nd no/100...
S175.466113
City of -.yettevi :
ignature of Legally Responsible Entity Official
Title (Please Print)
0.2-/-79
Date
ADFAOfficial, Vine'` Tilford, President ate
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 510,000 or imprisoned
for not more than five years, or both.
BASIC AGREEMENT TO FURNISH ROADWAY ENGINEERING
SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS
This Agreement made this ',' day of <- t rt �I&Y between
the firm of McClelland Consulting Engineers, Inchereinafter
referred to as the ENGINEER, and the City of Fayetteville,
Arkansas, hereinafter referred to as the OWNER, wherein the
ENGINEER agrees to provide certain engineering services as defined
in Article 1 and for the consideration defined in Article 2, in
conformance with the schedule set forth in Article 3 herein.
ARTICLE 1
The OWNER has selected the ENGINEER to provide certain roadway
and drainage engineering services to the OWNER. The phases of
work to be included under this Basic Agreement are: 1) Preliminary
Design and 2) Detailed Engineering and 3) Services During
Construction.
The services to be provided by the ENGINEER are anticipated to
include but not necessarily to be limited to the development of
designs, plans, drawings, geotechnical investigation/analysis, cost
estimates, specifications, bid solicitation, and construction
observation/administration related to the construction of roadway,
drainage, and/or sidewalk improvements at locations hereinafter
described:
STREET
NAME
B lock
County
E . Center
E . Mountain
E . Rock
Washington/Meadow
Tin Cup Creek
Huntsville
Willow
Mill
South
LOCATION COMMENTS
@ South Street Storm inlet 2nd curb
only
Center to Mountain
County to Walnut
County to Willow
Mill to Willow
Spring to new ROW line of
street to Juvenile
Detention Center
Spring to 6th
College to Mill
Spring to Center
E . Rock to South
S . College to
S . Washington
Clearing/cleaning
Sidewalk only
Sidewalk and French
drain only
Sidewalk only
Sidewalk only
NOTE: All street segments to include street, drainage and
sidewalk improvements except where "comments" states
differently.
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ARTICLE 2
The compensation for services to be provided under the Basic
Agreement is to be made on the following basis as detailed in
Attachments A, 8, and C:
o Preliminary Design
o Detailed Engineering Design
o Services During Construction
$22,392.17
$16,286.31
$15,788.70
Lump
Lump
Lump
Sum
Sum
Sum
These amounts will become payable in incremental portions at
monthly intervals as the work under each phase progresses.
Compensation for services to be provided under subsequent contract
amendments, if any, is to be made in accordance with the scope of
work, schedule, etc., negotiated and set forth in each amendment.
ARTICLE 3
The ENGINEER shall provide said services in conformance with a time
schedule which shall be set forth in each TASK ORDER, as
applicable. For services under this Basic Agreement, the ENGINEER
will endeavor to meet the following schedule:
o Preliminary Design:
o Detailed Engineering:
ARTICLE 4
Within 45 calendar days
of Notice to Proceed
Within 30 calendar days
of receiving review
comments on Preliminary
Design.
Payments to the ENGINEER for services provided as generally
described in Article 1 is to be made within 30 days after date of
billing. The amount due will be for services rendered during the
previous month unless prescribed differently in the TASK ORDER.
ARTICLE 5
It is further mutually agreed by the parties hereto:
5.1 That, the OWNER will designate a representative to direct and
coordinate the ENGINEER's effort who will be the only source of
instructions to the ENGINEER and who shall have the authority to
interpret the OWNER's policy as necessary to maintain the
ENGINEER's work schedule, administer the Agreement, and certify the
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ENGINEER's payment request.
5.2 That, the OWNER shall make available to the ENGINEER all
technical data in the OWNER's possession, including maps, surveys,
borings, and other information required by the ENGINEER and
relating to his work.
5.3 That, the estimates of cost for the projects provided for
herein are to be prepared by the ENGINEER through exercise of his
experience and judgement in applying presently available cost data,
but it is recognized that the ENGINEER has no control over cost of
labor, materials, or conditions, so he cannot warrant that the
project construction costs will not vary from his cost estimates.
5.4 That, the ENGINEER's payroll cost is defined as the cost of
salaries of engineers, draftsmen, stenographers, surveyors, clerks,
laborers, etc., for time directly chargeable to the project, plus
Social Security contributions, employment compensation insurance,
payroll taxes, retirement benefits, medical and insurance benefits,
sick leave, vacation, bonus, and holiday pay.
5.5 That, the ENGINEER's Reimbursable Expenses are defined as the
costs incurred on or directly for the Project, other than the
payroll and general overhead costs. Such expenses shall be
computed on the basis of actual purchase price plus eight percent
(8%) for items obtained from commercial sources and on the basis of
usual commercial charges for items provided by the ENGINEER.
Direct expenses shall not include transportation costs except when
it becomes necessary to travel outside of the Northwest Arkansas
area.
5.6 That, in soils investigation work and in determining
subsurface conditions for the Project, the characteristics may vary
greatly between successive test points, and sample intervals. The
ENGINEER will perform this work in accordance with generally
accepted soils engineering practices and makes no other warranties,
expressed or implied, as to the professional advice provided under
the terms of this Agreement.
5.7 That, the ENGINEER shall maintain a level of competency
presently maintained by other practicing professional engineers in
the same type of work in the middle southwestern United States, for
the professional and technical soundness and accuracy of all
designs, drawings, specifications, and other work and materials
furnished under this Agreement.
5.8 That, either party may terminate this Agreement at any time by
a notice in writing to the other party. If the Agreement is
terminated as provided herein, the ENGINEER will be paid for
services actually performed; the amount of said payment shall bear
the same ratio to the total compensation specified in the executed
task orders as the services actually performed bear to the total
services of the ENGINEER covered by the executed task orders, less
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payments of compensation previously made.
5.9 That, the OWNER may, from tine to time, request changes in the
scope of the services of the ENGINEER to be performed hereunder.
Such changes, including any increase or decrease in the amount of
the ENGINEER's compensation, which are mutually agreed upon by and
between the OWNER and the ENGINEER, shall be incorporated in
written amendments to this Agreement.
5.10 That, the OWNER, shall pay for all costs of publishing
advertisements for bids and for obtaining permits and licenses that
may be required by local, State, or Federal authorities and shall
secure the necessary land, easements and rights-of-way as described
by the ENGINEER.
5.11 That, all claims, counter -claims, disputes and other matters
in question between the OWNER and the ENGINEER arising out of or
relating to this Agreement or in the breach thereof, will be
decided by arbitration only if both parties hereto specifically
agree to the use of arbitration in regard to the individual matter
in dispute.
5.12 That, in the event of any legal or other controversy requiring
the services of the ENGINEER in providing expert testimony in
connection with the Project, except suits or claims by third
parties against the OWNER arising out of errors or omissions of the
ENGINEER, the OWNER shall pay the ENGINEER for services rendered in
regard to such legal or other controversy, on a basis to be
negotiated.
5.13 That, visits to the construction site and observations made by
the ENGINEER as part of his services shall not relieve the
construction contractor(s) of his obligation to conduct
comprehensive inspections of the work sufficient to ensure
conformance with the intent of the Contract Documents, and shall
not relieve the construction contractor(s) of his full
responsibility for all construction means, methods, techniques,
sequences, and procedures necessary for coordinating and completing
all portions of the work under the construction contract(s) and for
all safety precautions needed to execute construction and
inspection.
5.14 That, the ENGINEER shall provide on-site observation personnel
and will make reasonable efforts to guard the OWNER against defects
and deficiencies in the work of the contractor(s) and to help
determine if the construction contract has been fulfilled.
Their day-to-day observation will not, however, cause the ENGINEER
to be responsible for those duties and responsibilities which
belong to the construction contractor(s) and which include, but are
not limited to, full responsibility for the techniques and
sequences of construction and the safety precautions incidental
thereto, and for performing the construction work in accordance
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with the Contract Documents.
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5.15 That, the ENGINEER has the right to subcontract services;
however, the OWNER has the right to reject Subcontractors who
perform work on the project in excess of $5,000 or who are debarred
or suspended or otherwise excluded from or ineligible for
participation in Federal assistance programs.
5.16 All documents including drawings, specifications, estimates,
field notes and other data pertaining to the work or to the project
shall become the property of the OWNER. The OWNER shall not be
restricted in the subsequent use of the design, design documents or
ideas incorporated in the work. However, the ENGINEER shall bear
no responsibility for such reuse of the design unless specifically
agreed to in writing.
5.17 That, this Agreement is to be binding on the heirs,
successors, and assigns of the parties hereto and is not to be
assigned by either party without first obtaining the written
consent of the other.
ARTICLE 6
IN WITNESS WHEREOF, the parties hereto each herewith subscribes the
same in triplicate:
FOR THE CITY�OF FAYETTEVILLE, ARKANSAS
BY: /'�(��G �2✓
Name) (Mayor)
ATTEST:
zedsuitt
FOR THE ENGINEER
BY:
ATTEST:
444-7
(Name)
(Chairman)
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