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HomeMy WebLinkAbout140-98 RESOLUTION• • RESOLUTION NO 140-98 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH, ARKANSAS DEVELOPMENT FINANCE AUTHORITY, FOR 1998 HOME GRANT FUNDS IN THE AMOUNT OF $60,111. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute an agreement with the State of Arkansas, Arkansas Development Finance Authority for 1998 HOME Grant funds in the amount of $60,111. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. RIMED AND APPROVED this 3 day of November , 1998. Z 4 • • I? 4iso" ATTEST: -3L B APPROVE : By red Hanna, Mayor Heather Woodruff, City Clerk • • • ADMINISTRATIVE BUDGET AGREEMENT I, FRED HANNA, MAYOR enter into 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 for the HOME Investment Partnership Program. Henceforth 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 will remain in effect during the period in which any of the approved administrative HOME funds are expended. 2. The entity agrees to enter into a written agreement before it disburses funds to any other entity, to ensure HOME program compliance. 3. At a minimum, the entity agrees to submit in writing a description and use of administrative funds for approved administrative costs. Approved administrative costs include: salaries, inspections, affirmative marketing expenses, audits, telephone, postage, travel and any legitimate administrative expense not covered by any other source of income. 4. The entity agrees to carry out activities in compliance with all federal laws and regulations, and in agreement with attachments page 1 and 2. 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 Three Thousand Five Dollars and 55/100 ($3,005.55) FY '98, Homeowner Rehabilitation Signa re of legally responsible entity official niniya2 Title Please print) Date AUG 31 1998 n H. Jackson, HOME Program Manager Date 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 more than five years, or both. HOME CQNTRACT OF AGREEMENT I, FRED HANNA, MAYOR (Print Name) CITY OF FAYETTEVILLE into (Print Name of Agency or Organization) the following agreement with the Arkansas Development Finance Authority (ADFA), administrator of the HOME funds. of enter 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 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 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 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 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. 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 govemment 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. 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: -4 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 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 August 10, 1998 , 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 SIXTY THOUSAND ONE HUNDRED ELEVEN DOLLARS AND 00/100 ($60,111.00). FY 1998 HOMEOWNER REHABILITATION Si ature of Legally Responsible Entity Official Mayor Title (Please Print) AUG/inhr Date ey AU31 1998 H. Jackson, HOME Program Manager Date 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.